Get Your Full Security Deposit Back in Mississippi

Moving out of your rental in Mississippi? Navigating the return of your security deposit can feel daunting, but understanding your rights as a renter can help you get your full deposit back. This guide explains Mississippi's rental laws, outlines the process, and connects you with official forms and resources you might need when ending your lease.

Your Rights as a Renter: Security Deposits in Mississippi

Mississippi law protects your right to get your security deposit back after you move out, as long as you meet your tenant obligations. Under the Mississippi Residential Landlord and Tenant Act, landlords can only deduct for unpaid rent, cleaning to restore the unit to its original condition (except normal wear and tear), and to repair damages beyond normal use.^[1]

What Can Be Deducted from Your Deposit?

• Unpaid rent
• Repair costs for damages beyond normal wear and tear
• Cleaning costs (if the rental is not as clean as when you moved in)

Normal wear and tear — like faded paint or worn carpets — cannot be deducted from your deposit.

Steps to Help Get Your Full Deposit Back

Following these steps can improve your chances of receiving your entire security deposit:

• Give proper notice: Mississippi law doesn't require a specific form, but you should provide written notice (often 30 days) according to your lease. Check your lease for the required period.
• Clean thoroughly: Deep clean your rental, including appliances and floors, before moving out.
• Repair minor damage: Fix small nail holes or replace any broken light bulbs.
• Inspect with your landlord: Request a move-out inspection and ask for a written list of any issues.
• Document everything: Take dated photos or videos of the rental’s condition when moving out.
• Return keys: Give all keys back, get a receipt if possible.
• Provide a forwarding address: Give your landlord your new address in writing so they can mail your deposit.

Timeline: Your landlord must return your deposit, or a written statement of deductions, within 45 days after you move out and provide your forwarding address.

What to Do If Your Deposit Is Not Returned

If you don’t receive your deposit or a list of deductions within 45 days, you have rights.

• Send a written demand letter to your landlord.
• If that doesn’t work, you may file a claim in Mississippi Justice Court — the official tribunal that handles security deposit disputes.

Tenants can ask the court for twice the amount wrongfully withheld, plus legal costs, under state law.^[1]

Official Forms and Where to Find Them

• Move-Out Notice (Sample Letter): Mississippi does not provide an official state form, but you should write a clear notice that includes your intended move-out date and request a final walk-through.
  Tip: Keep a copy for your records and deliver it via certified mail if possible.
• Justice Court Civil Complaint Form: If your deposit isn’t returned, you can file a claim using the Justice Court Civil Complaint. Bring this form to the local Justice Court in your county.
  • Example: If your landlord withholds your deposit without explanation, you can complete this form to start a legal claim for its return.

Mississippi Residential Tenancy Laws

Security deposits fall under the Mississippi Residential Landlord and Tenant Act §89-8-21. It defines timelines, types of allowable deductions, and what to do if a landlord fails to comply.

Always communicate in writing with your landlord near the end of your lease. Keep copies and photos as proof if you ever need to file a complaint.

Frequently Asked Questions (FAQ)

1. How long does my landlord have to return my security deposit in Mississippi?
   Your landlord must return your deposit, or a written statement of deductions, within 45 days after you move out and provide a forwarding address.
2. What should I do if my landlord won’t return my deposit?
   First, send a written demand letter. If there’s still no response, you can file a claim in your local Mississippi Justice Court.
3. Can my landlord deduct for ‘normal wear and tear’?
   No. Only damages beyond normal use, plus unpaid rent and cleaning for unusual mess, can be deducted. Normal wear and tear is not your responsibility.
4. Does my landlord have to provide receipts for deductions?
   Yes. The landlord's written list of deductions must itemize and explain any amounts withheld from your deposit.
5. Do I get double damages if my deposit is wrongfully withheld?
   Possibly. If the landlord withholds the deposit in bad faith, you may recover up to twice the amount owed, plus court costs, according to state law.

Need Help? Resources for Renters

• The Mississippi Bar: Landlord-Tenant Rights
• Mississippi Justice Court Directory – Find your local court to file a security deposit claim.
• Mississippi Center for Legal Services – Free legal help for qualifying renters.
• Mississippi Residential Landlord and Tenant Act

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1. [1] Mississippi Code §89-8-21 – Security Deposits

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