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Mississippi Security Deposit Law, in Plain English

Mississippi's deposit statute is one paragraph, and it favors the party who does the paperwork: the tenant's written demand starts the clock, the landlord's itemized notice justifies any deduction, and a landlord who skips the notice has handed the tenant evidence of bad faith. No cap, no interest, and a modest penalty — the leverage is in the process. Here's how Miss. Code § 89-8-21 actually works, for both sides of the lease.

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45 daysDeadline to return and itemize after termination, delivery of possession, and the tenant's demand
No capMississippi sets no limit on deposit size and requires no interest
1 demandThe tenant's written demand that starts the 45-day clock
4 usesRent defaults, tenant-caused damage beyond ordinary wear, cleaning at termination, and other default-related expenses
$200 + actualThe ceiling on bad-faith damages, on top of what's owed

No cap, no interest — the statute starts at termination

Mississippi sets no limit on deposit size, requires no interest, and says nothing about where the money is held or how it's receipted. Everything § 89-8-21 has to say concerns what happens when the tenancy ends.

Forty-five days — counted from termination, possession, and your demand

The remaining portion of the deposit must be returned no later than 45 days after the termination of the tenancy, the delivery of possession, and demand by the tenant. All three. Moving out and returning the keys doesn't start the count on its own; the tenant's demand does.

For tenants, that makes a written demand — with a forwarding address — the essential move-out document. For landlords, it means the clock may not be running yet, but the deposit is still the tenant's money, and a demand can arrive at any time.

The permitted uses are four, and each must be reasonably necessary: to remedy the tenant's defaults in rent; to repair damages the tenant caused, exclusive of ordinary wear and tear; to clean the premises upon termination; and for other reasonable and necessary expenses resulting from the tenant's default. Mississippi allows cleaning deductions — but faded paint and normally worn carpet are ordinary wear, not damage.

Mississippi lets the landlord itemize cleaning and damage. The move-in record decides what's ordinary.

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PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Mississippi law or a particular result in a deposit dispute.

Every claimed dollar, itemized in writing

The written notice by which the landlord claims all or any portion of the deposit shall itemize the amounts claimed. A single figure — "damages, $500" — doesn't satisfy the statute; each amount needs its own line. And because Mississippi courts treat a landlord's failure to deliver the itemized notice within the 45 days as evidence of bad faith, the notice does double duty: it justifies the deductions, and it protects the landlord from the penalty below.

When it goes wrong: actual damages, plus up to $200

A landlord — or a transferee who took over the property — who retains any portion of the deposit in violation of the section and with absence of good faith may be liable for damages not to exceed $200 in addition to any actual damages. Mississippi has no double or treble damages and no attorney's fee provision; the penalty is meant to make a Justice Court filing worthwhile, not to fund a lawyer.

Disputes go to Justice Court — Mississippi's small claims court — which hears civil claims up to $3,500; larger claims go to County or Circuit Court. The winning file: the lease, the written demand and forwarding address, the itemized notice or proof none arrived, and dated room-by-room photos from both ends of the tenancy.

Sources and official texts

The official sources for this guide are the Mississippi Code 1972 Annotated, § 89-8-21 — read through the Mississippi Code Public Access designated by the Mississippi Legislature; the Mississippi State Department of Health's tenant-and-landlord guide under the Residential Landlord and Tenant Act; and the State of Mississippi Judiciary's Justice Court page, which covers the small claims forum.

Frequently asked questions

How long does a landlord have to return a security deposit in Mississippi?

45 days after the latest of three events: your tenancy ending, you delivering possession, and your demand for the deposit. Within that window the landlord must return the remaining deposit with a written notice itemizing any amounts claimed. Because your demand is one of the triggers, make it in writing — with a forwarding address — the day you move out.

How much can a landlord charge for a security deposit in Mississippi?

There's no statutory cap, no interest requirement, and no rule on where the money is kept. Mississippi regulates the return, not the amount.

What can a landlord deduct from a deposit in Mississippi?

Only amounts reasonably necessary for four things: unpaid rent; repairing damage you caused, exclusive of ordinary wear and tear; cleaning the premises at termination; and other reasonable and necessary expenses resulting from your default. Mississippi does allow cleaning deductions — but not for ordinary wear like faded paint or normally worn carpet.

What happens if the landlord keeps money without good reason?

If the landlord retains any portion in violation of the statute and without good faith, you can recover your actual damages plus up to $200 more. There's no doubling and no attorney's fee award — so the practical route is Justice Court, without a lawyer.

Does missing the 45-day deadline count as bad faith?

Courts treat a landlord's failure to deliver the itemized notice within 45 days as evidence of bad faith, which is what unlocks the $200 in additional damages. Keep proof of your demand and the date you moved out.

Does the landlord have to itemize the deductions?

Yes. The written notice by which the landlord claims any portion of the deposit must itemize the amounts claimed. A single unexplained figure doesn't satisfy the statute.

Does Mississippi require a move-in inspection or photos?

No. The Act has no checklist, walkthrough, or photo requirement. That leaves 'damage exclusive of ordinary wear and tear' entirely to the evidence — and in a Justice Court dispute, the side with dated room-by-room documentation from move-in usually wins.

Where do deposit disputes go in Mississippi?

Justice Court — Mississippi's small claims court — handles civil claims up to $3,500; larger claims go to County or Circuit Court. Bring the lease, your written demand and forwarding address, the itemized notice or proof none arrived, and dated move-in and move-out photos.

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