Mississippi security deposit law
Source: Miss. Code Ann. § 89-8-21 · Checked against the statute
- Maximum deposit
- No statutory limit.
- Return deadline
- 45 days (see details)
- If the landlord keeps it wrongly
- Keeping a deposit in violation of the statute and without good faith can bring damages of up to $200 in addition to actual damages.
Calculate your Mississippi deadline
Choose your state and move-out date to see when your landlord must return the deposit.
When the deposit must be returned
- Return any remaining deposit within 45 days after the tenancy ends, the tenant delivers possession, and the tenant demands the deposit.
The statute does not mention a forwarding address, but the 45 days do not start until the tenant demands the deposit.
Itemized list of deductions
Required: Yes. The landlord must claim deductions by written notice to the tenant that itemizes the amounts claimed.
What can and can't be deducted
The landlord may claim only amounts reasonably necessary for unpaid rent, damage caused by the tenant exclusive of ordinary wear and tear, cleaning at the end of the tenancy, or other reasonable expenses from the tenant's default. The statute does not define ordinary wear and tear.
Nonrefundable fees
The statute does not mention nonrefundable fees. It covers payments whose main purpose is to secure performance of the lease, not payments (including advance rent) made to secure signing the lease.
Interest, bank account and move-in inspection
- Interest required: No. No statewide interest requirement.
- Separate account required: No. No separate account required. The landlord holds the deposit for the tenant, and the tenant's claim comes before the landlord's creditors.
- Move-in inspection required: No. No statutory move-in inspection or checklist requirement.
Penalties and bad faith
Keeping a deposit in violation of the statute and without good faith can bring damages of up to $200 in addition to actual damages.
The statute does not define when bad faith is presumed; the extra $200 applies only to retention in violation of the statute and without good faith.
Getting your deposit back in court
Justice Court hears civil claims of $3,500 or less. Court information
Before filing, many tenants send a written demand first. Write a Mississippi demand letter →
Also good to know
- The Residential Landlord and Tenant Act applies to rental agreements entered into after July 1, 1991, and requires good faith in every duty under it.
- Statute text here is from the Mississippi Attorney General's consumer guide (amended through 2018); no later amendment to § 89-8-21 was found.
Sources
- Mississippi Attorney General: Consumer Guide, The Landlord-Tenant Relationship (quotes Miss. Code Ann. § 89-8-21) Retrieved October 11, 2026.
- Mississippi Legal Services: Landlord-Tenant Law in Mississippi Retrieved October 11, 2026.
- Mississippi Administrative Office of Courts: Justice Court Retrieved October 11, 2026.
Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.