Cal. Civ. Code § 89-8-19
Length of term of tenancy; notice to terminate tenancy; exception to notice requirement.
Operative Text
(1) Unless the rental agreement fixes a definite term a tenancy shall be week to week in case of a tenant who pays weekly rent, and in all other cases month to month. (2) The landlord or the tenant may terminate a week-to-week tenancy by written notice given to the other at least seven (7) days prior to the termination date. (3) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days prior to the termination date. (4) Notwithstanding the provisions of this section or any other provision of this chapter to the contrary, notice to terminate a tenancy shall not be required to be given when the landlord or tenant has committed a substantial violation of the rental agreement or this chapter that materially affects health or safety. History Laws, 1991, ch. 478, § 10, eff from and after July 1, 1991; Laws, 2022, ch. 501, § 11, eff from and after passage (approved April 21, 2022).
Under Miss. Code Ann. § 89-8-19, when a rental agreement does not specify a fixed term, the tenancy is automatically classified as week-to-week for tenants who pay weekly rent, and month-to-month in all other cases. Ending a week-to-week tenancy requires at least seven days of written notice, while ending a month-to-month tenancy requires at least thirty days of written notice. Importantly, neither party is required to provide advance notice when the other has committed a substantial violation of the rental agreement or of Chapter 8 that materially affects health or safety.
Plain English — not legal advice.
Property owners and managers operating under Miss. Code Ann. § 89-8-19 generally maintain written records of the tenancy type—week-to-week or month-to-month—and ensure that any termination notice is delivered in writing within the timeframes the statute specifies: seven days for weekly tenancies and thirty days for monthly ones. Compliant operators also document the basis for any termination, particularly when invoking the health-or-safety exception that waives the notice requirement. Keeping clear records of rent payment schedules and any lease violations helps demonstrate adherence to the notice provisions of § 89-8-19.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Miss. Code Ann. § 89-8-19 establishes that tenants in open-ended arrangements are entitled to written notice before a landlord can terminate the tenancy—seven days for week-to-week arrangements and thirty days for month-to-month arrangements. If a landlord attempts to terminate without providing the required written notice and no qualifying health-or-safety violation is involved, a tenant may be able to raise that failure as a defense in any eviction proceeding. Tenants who believe their rights under § 89-8-19 have been violated can explore options such as consulting a tenant-rights organization or seeking guidance from a legal aid office familiar with Mississippi landlord-tenant law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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