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I recently leased out a building that I own, a commercial…

I recently leased out a...
I recently leased out a building that I own, a commercial building, the tenant paid 3 months on time and now he's 3 weeks late. I need to know what the process is to have them evicted. The building is in Mississippi but both myself and the Tenant live in Alabama so that's another wrench in the equation.
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Answered in 6 minutes by:
11/19/2017
rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 45,303
Experience: 30 years as a Texas lawyer dealing in landlord tenant
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Notice of eviction form

https://www.pinterest.com/pin/28710516352842960

Check your lease to see how much notice is required.

Once notice has been given you would file for eviction here in the county where building is located.I would urge you to use a lawyer here and seek legal fees too.Commercial evictions are complicated you have out of state tenant a lawyer would be worth it to get them out and you back in.

I appreciate the chance to help you today.Thanks and thanks for rating 5 stars.

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Notice for Termination With Cause

The first step in an eviction is for the landlord to terminate the tenancy. This can only be done if the landlord has legal cause to evict the tenant. Mississippi law defines legal cause as either the tenant failing to pay rent or violating the lease or rental agreement. To terminate the tenancy for one of these reasons, the landlord must give the tenant written notice.

  • Three-Day Notice to Pay Rent or Quit: If the tenant fails to pay rent when it is due, the landlord can give the tenant a written three-day notice to pay rent or quit. This notice must inform the tenant that the tenant has three days to either pay rent or move out of the rental unit. If the tenant does not move out of the rental unit within this time, then the landlord can terminate the tenancy and file an eviction lawsuit with the court (see Miss. Code Ann. § 89-7-27). Eviction Notices for Nonpayment of Rent in Mississippi has more information.
  • Thirty-Day Notice to Remedy or Quit: If the tenant has violated the lease or rental agreement and the violation can be fixed, then the landlord can give the tenant a written 30-day notice to remedy or quit. This notice must inform the tenant that the tenant has 30 days to fix the lease violation or move out of the rental unit. If the tenant does not comply with the notice, then the landlord can terminate the tenancy and file an eviction lawsuit against the tenant (see Miss. Code Ann. § 89-8-13). If the violation is not of a nature that it can be fixed, then the landlord can just give the tenant a 30-day notice to quit. If the tenant does not move out of the rental unit within 30 days, then the landlord can terminate the tenancy and file an eviction lawsuit against the court (see Miss. Code Ann. § 89-8-13).
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A tenant can only be removed from a rental unit after a landlord has won an eviction lawsuit against the tenant. At that time, a law enforcement officer with a court order will remove the tenant from the rental unit. The landlord is never allowed to force the tenant to move out of the rental unit, and the tenant can sue the landlord for trying.Illegal Eviction Procedures in Mississippi has more information on this topic.

After the tenant is evicted, the landlord may find that the tenant has left behind personal belongings. Unlike most states, Mississippi has no laws telling landlords what to do with this abandoned personal property. However, this does not mean that the landlord should immediately get rid of it. The best practice for the landlord is to take inventory of the property and store it in a safe location. Then, the landlord should try to contact the tenant and allow the tenant reasonable time to claim the property. If the tenant does not claim the property within a reasonable amount of time, then the landlord can legally dispose of the property. Handling a Tenant’s Abandoned Property in Mississippi has more information for landlords in this situation.

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Category: Landlord-Tenant
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Experience: 30 years as a Texas lawyer dealing in landlord tenant
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