Mississippi Rules on Security and Damage Deposits for Renters
If you're renting in Mississippi, understanding how security deposits and damage deposits work can help you protect your finances and ensure a smooth move-out. While many renters use these terms interchangeably, Mississippi law treats them the same way—both are usually called "security deposits." This guide clearly explains your rights and responsibilities, so you can avoid surprises when your lease ends.
What Is a Security Deposit in Mississippi?
Under Mississippi law, a security deposit is money that landlords collect at the start of the tenancy. This deposit covers unpaid rent or the cost of repairing damages caused by the renter beyond normal wear and tear. The Mississippi Residential Landlord and Tenant Act does not set a maximum amount for security deposits, allowing landlords and renters to agree on a reasonable sum.[1]
Security Deposit vs. Damage Deposit
In Mississippi, there is no legal distinction between a "security deposit" and a "damage deposit." Landlords may refer to these deposits by different names, but state law applies the same rules to any refundable money held for unpaid rent or damages.
How Security Deposits Are Held and Returned
The law does not require landlords to place deposits in a specific account or pay interest. However, landlords must:
- Return your deposit within 45 days after you move out
- Provide an itemized written statement for any amount withheld
Common reasons for deductions include:
- Repairing excessive damage (not normal wear and tear)
- Unpaid rent
- Unpaid utility bills if required by the lease
What Is Normal Wear and Tear?
Normal wear and tear means expected aging or minor deterioration from everyday use, such as minor carpet fading or nail holes. Landlords cannot deduct for these. Major holes, broken fixtures, or large stains could be considered beyond normal wear and tear.
Steps to Get Your Security Deposit Back
The easiest way to ensure a full refund of your deposit is to follow these tips:
- Give proper written notice before moving out (check your lease for details)
- Clean the property and repair any damages you caused
- Return all keys and provide a forwarding address in writing
If your landlord does not return your deposit or provide a written explanation within 45 days, you may have the right to take legal action. Usually, you would file a claim in your local Mississippi Justice Court, which handles small claims and landlord-tenant disputes.[2]
Official Forms Renters May Need
- Security Deposit Demand Letter (no official MS form number) – Use if you do not receive your deposit or itemized statement within the required 45 days.
How to use: Write a polite letter requesting your deposit back and send it by certified mail. Keep a copy for your records. The Federal Trade Commission offers a useful sample demand letter (note: not state-specific, but helpful for wording). - No specific Mississippi government form is required to file a small claims complaint, but you can contact your local Justice Court for filing instructions.
What If There Is a Dispute?
If you and your landlord disagree about deposit deductions, you can:
- Contact your local Justice Court and ask about filing a small claims case
- Gather evidence like photos, move-in/move-out checklists, and correspondence
- Attend your scheduled hearing to explain your side
Frequently Asked Questions
- How long does my landlord have to return my security deposit in Mississippi?
Mississippi law gives landlords 45 days after you move out to return your deposit or provide a written statement explaining deductions. - Can a landlord keep my deposit for routine cleaning or normal wear?
No, landlords cannot deduct for normal wear and tear. Only damages beyond normal wear or unpaid rent can be taken from your deposit. - What do I do if my landlord doesn't return my deposit?
Send a written demand letter and, if you still don't get a response, file a claim at your local Justice Court. - Is there a limit on how much my landlord can charge for a security deposit?
Mississippi law does not set a maximum; check your lease and negotiate the amount before signing. - Where can I get an official form to request my deposit back?
Use a written demand letter; while Mississippi does not provide a specific form, you can find samples from trusted sources like the Federal Trade Commission.
Need Help? Resources for Renters
- Mississippi Justice Court: Handles small claims and landlord-tenant disputes
- Mississippi Center for Justice: Free legal help for renters
- Mississippi Residential Landlord and Tenant Act (Title 89, Chapter 8): Complete state law
- U.S. Department of Housing and Urban Development – Mississippi Resources: Renter assistance and education
- Mississippi Residential Landlord and Tenant Act, Section 89-8-21 – Security Deposits
- Mississippi Justice Court: Filing small claims involving deposits
Categories
Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & SituationsRelated Articles
- Mississippi Tenant Rights: Changing Locks Lawfully · June 21, 2025 June 21, 2025
- Mississippi Tenant Rights: Domestic Violence Protections · June 21, 2025 June 21, 2025
- Mississippi Smoke Alarm Laws: Tenant and Landlord Duties · June 21, 2025 June 21, 2025
- Mississippi Renters: Your Rights If You’re Locked Out · June 21, 2025 June 21, 2025
- Mississippi Renters’ Rights in Storm and Flood Emergencies · June 21, 2025 June 21, 2025
- Mississippi Emergency Exit Lighting Requirements for Renters · June 21, 2025 June 21, 2025
- Mississippi Laws on Surveillance Cameras in Apartment Common Areas · June 21, 2025 June 21, 2025
- Mississippi Emergency Maintenance Hotline Requirements for Renters · June 21, 2025 June 21, 2025
- Mississippi Renters: Fire Sprinkler Inspections & Safety · June 21, 2025 June 21, 2025