Deposit laws by state › Mississippi
State law · Mississippi
Mississippi security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: The landlord must return any remaining deposit no later than 45 days after the tenancy ends, the tenant returns possession, and the tenant demands the deposit.
How long does a landlord have to return a security deposit in Mississippi?
- Return deadline
- The landlord must return any remaining deposit no later than 45 days after the tenancy ends, the tenant returns possession, and the tenant demands the deposit.Miss. Code Ann. § 89-8-21(3)
- Itemized list
- Any amount the landlord claims must be itemized in a written notice delivered to the tenant. The statute gives the same 45 days for the remaining balance.Miss. Code Ann. § 89-8-21(3)
- Your demand starts the clock
- The 45-day deadline runs from the tenant's demand (after the tenancy ends and possession is returned).Miss. Code Ann. § 89-8-21(3)
Prefer a full page? Use the security deposit deadline calculator.
What happens if a Mississippi landlord misses the deadline?
- If the landlord misses it
- Mississippi's statute does not state a forfeiture.Miss. Code Ann. § 89-8-21
- Penalty
- A landlord who keeps a deposit in violation of the statute and without good faith may owe damages of up to $200 in addition to actual damages.Miss. Code Ann. § 89-8-21(4)
Penalties that depend on bad faith or willfulness are possible, not automatic. Only a judge can make that finding.
What can a Mississippi landlord deduct from your deposit?
What can be deducted: Only amounts reasonably necessary for unpaid rent, repair of damage caused by the tenant beyond ordinary wear and tear, cleaning at move-out, or other reasonable costs of the tenant's default, if the deposit was made for those purposes. (Miss. Code Ann. § 89-8-21(3))
Normal wear and tear: Ordinary wear and tear is excluded from repair charges. (Miss. Code Ann. § 89-8-21(3))
Cleaning: Cleaning the unit when the tenancy ends may be charged. (Miss. Code Ann. § 89-8-21(3))
What the itemized list must include: A written notice itemizing the amounts claimed. (Miss. Code Ann. § 89-8-21(3))
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Taking a deposit case to small claims court in Mississippi
Small-claims limit: Mississippi justice courts hear civil claims of $3,500 or less. Larger claims go to county or circuit court. (Miss. Code Ann. § 9-11-9)
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
Good to know
- Justice court only handles claims up to $3,500. A larger claim goes to county court, where the process is more formal.
What to do if your Mississippi landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite Mississippi's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- Miss. Code Ann. § 89-8-21: law.justia.com
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in Mississippi.