Mississippi Security Deposit Laws: Limits & Deadlines

Security deposits are a common part of renting a home in Mississippi. As a renter, it's important to understand the state's rules around how much a landlord can collect, how your deposit must be handled, and when you should expect its return. Knowing your rights can help you avoid misunderstandings and act quickly if your landlord doesn't follow the law.

How Much Can a Landlord Charge for a Security Deposit in Mississippi?

In Mississippi, there is no state-imposed maximum limit on the amount a landlord may require as a security deposit. This means your landlord can set the deposit amount at their discretion unless otherwise limited by your lease agreement or local rules.

• The deposit amount should be clearly stated in your written rental agreement.
• Many landlords typically charge the equivalent of one month's rent or less, but higher amounts are not prohibited by law.

Rules for Holding Your Security Deposit

Mississippi law does not mandate that your security deposit be placed in a separate or interest-bearing account. However, the landlord has a legal obligation to hold it and return it within the timeframe set by state law.

When Must a Security Deposit Be Returned?

After you move out and return the keys, the landlord has 45 days to return your security deposit or provide a written explanation and itemized list of any deductions taken for damages, unpaid rent, or other documented costs.

• The 45-day period starts from the date you vacate and return possession of the unit.
• Deposit deductions can only cover unpaid rent, damages beyond normal wear and tear, or other lease-based charges.

Receiving Your Deposit Back

Your landlord should mail the deposit, or a written explanation with any partial refund, to your forwarding address. If the landlord fails to provide this within 45 days, you may be legally entitled to the full deposit back and could potentially recover additional damages in court.

Itemized Statement for Deductions

If your landlord withholds any amount from your security deposit, they must give you a detailed, written itemization of each deduction along with receipts or documentation. This helps ensure transparency and allows you to dispute any charges you believe are unfair.

Relevant Forms and How to Use Them

• Move-Out Notice (No official form number): Used to let your landlord know you plan to move out. Send a written notice (email or letter) before your lease ends, as required by your agreement. More details at the Mississippi Department of Finance and Administration - Landlord/Tenant Overview.
• Security Deposit Demand Letter (No official form number): If your deposit isn’t returned within 45 days, write a letter requesting its return and referencing Mississippi Code Section 89-8-21. Send this by certified mail for proof. A template can often be found via state consumer protection resources linked above.

If you need to pursue the matter further, Mississippi renters can use local Justice Courts to file a small claims case for unreturned deposits.

Which Official Tribunal Handles Disputes?

Mississippi’s Justice Court is where renters can file formal claims related to security deposit disputes or other landlord-tenant issues.

Relevant Mississippi Law

Security deposit laws are detailed in the Mississippi Residential Landlord and Tenant Act, Section 89-8-21.

1. When can my landlord keep my security deposit?
   Your landlord can keep part or all of your deposit for unpaid rent, damages beyond normal wear and tear, or other lease violations. They must provide an itemized list and explanation within 45 days.
2. What happens if the landlord doesn't return my deposit on time?
   If your deposit isn’t returned or explained within 45 days, you can write a demand letter and file a claim in Justice Court. You may be entitled to the full deposit and extra damages.
3. Is there an official form for requesting my deposit back?
   No official state form exists; create a written “security deposit demand letter” and send it via certified mail for best results.
4. How do I dispute a deduction I think is unfair?
   First, contact your landlord with your concerns. If no agreement is reached, you can take the issue to your local Justice Court, providing your move-out documentation and any photos or evidence.
5. What if I didn't provide a forwarding address?
   The landlord is still required to attempt contact using your last known address. It’s best to provide a forwarding address in writing when you move out to avoid issues.

Need Help? Resources for Renters

• Mississippi Department of Finance and Administration—Landlord/Tenant Overview
• Mississippi Justice Courts—Where to file a small claims case for deposit disputes.
• Mississippi Center for Legal Services—Free or low-cost legal help for renters with deposit, eviction, or lease issues.
• Mississippi Bar: Landlord-Tenant Consumer Info

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1. Mississippi Residential Landlord and Tenant Act, Section 89-8-21 – Security Deposits
2. Mississippi Department of Finance and Administration: Landlord/Tenant Law Overview
3. Mississippi Justice Court - Small Claims

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