Mississippi Security Deposit Law Explained
If you rented a home or apartment in Mississippi, the deposit dispute usually comes down to a few practical facts: whether you demanded the deposit back, when you gave the place back, what the landlord kept, and whether the deductions were itemized.
The basic rule
Mississippi's main residential security deposit rule is in the Mississippi Residential Landlord and Tenant Act, Miss. Code section 89-8-21.
The landlord must return any remaining deposit no later than 45 days after the tenancy ends, possession is delivered, and the tenant demands the deposit back.
That last part matters. Mississippi should not be treated as a simple 45-days-from-move-out state.
Do this in writing
The statute refers to demand by the tenant. For a renter, the safest practical step is to make that demand in writing and keep proof that it was sent.
A clear demand should identify the rental address, the date possession was returned, the deposit amount, and where the landlord should send the refund or written response.
If the landlord keeps part of the deposit
If a Mississippi landlord claims all or part of the deposit, the written notice must itemize the amounts claimed.
A vague message that says "cleaning and damages" without amounts or explanation is much weaker than a real itemized accounting.
What deductions are allowed
Mississippi identifies specific categories that may be charged against the deposit:
- tenant default in payment of rent
- damage caused by the tenant, excluding ordinary wear and tear
- cleaning upon termination
- other reasonable and necessary expenses resulting from tenant default
Ordinary wear and tear is different
Mississippi excludes ordinary wear and tear from tenant-caused damage deductions.
Normal use, aging, and light wear are different from damage caused by neglect, misuse, or an accident.
If the rule is not followed
If the landlord does not follow the rule, Mississippi allows a tenant to seek actual damages and, in the absence of good faith, up to $200.
That is not the same as an automatic double-deposit or multiplier penalty. The cleaner your demand proof, possession timeline, itemization record, and deduction evidence are, the stronger your position is.
Official sources used for this guide
- Mississippi Attorney General - Residential Landlord and Tenant Act PDF
- Miss. Code section 89-8-21 text mirror
Source reviewed: April 2026.
Plain English vs. the actual law
This page explains how the rule works in practice. If you want the statute-focused version and source links, start here:
Important: This page provides general educational information and is not legal advice.