Mississippi Security Deposit Laws: 45-Day Return, Itemized Deductions, Bad-Faith Penalty

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Mississippi does have a security deposit statute, even though many guides say otherwise. Miss. Code Ann. § 89-8-21, part of the Residential Landlord and Tenant Act since 1991, says what a landlord may deduct, requires an itemized written notice, sets a 45-day return deadline, and adds a penalty for retention without good faith. What Mississippi lacks is a cap on the amount.

The Short Answer

Under § 89-8-21(3), a landlord may keep only what is reasonably necessary for unpaid rent, tenant-caused damage beyond ordinary wear and tear, cleaning on move-out, or other reasonable expenses from your default—and must claim it by written notice delivered to you that itemizes the amounts. The rest must be returned no later than 45 days after the tenancy ends, you deliver possession, and you demand it. Retention in violation of the section and without good faith can cost the landlord up to $200 on top of your actual damages (§ 89-8-21(4)).

Security Deposit Cap

Mississippi does not impose a statutory cap on security deposits. § 89-8-21 governs how the deposit is held and returned, not how large it may be. If your lease contains a cap, that contractual limit is enforceable between you and the landlord. Negotiate the amount before signing.

The 45-Day Return Deadline

The statute sets three conditions that all have to be met before the 45 days run: the tenancy has terminated, you have delivered possession, and you have demanded the deposit (§ 89-8-21(3)). The demand is the step tenants skip. Make it in writing, with your forwarding address, on the day you hand back the keys, and keep proof of delivery. From that point the landlord has 45 days to return whatever is not claimed by an itemized written notice.

What Can a Mississippi Landlord Legally Deduct?

§ 89-8-21(3) limits deductions to amounts reasonably necessary to:

• Remedy your defaults in the payment of rent
• Repair damage to the premises caused by you, exclusive of ordinary wear and tear
• Clean the premises upon termination of the tenancy
• Cover other reasonable and necessary expenses incurred as a result of your default

The deduction must be claimed by written notice delivered to you, and the notice must itemize the amounts claimed. A phone call or a lump sum does not meet the statute.

What Is Normal Wear and Tear in Mississippi?

The statute excludes “ordinary wear and tear” from deductible damage without defining it, so the ordinary meaning applies: the reasonable deterioration that occurs from ordinary living.

Examples of normal wear and tear:

• Light wall marks from picture hangers or hanging items
• Faded paint or carpet from sunlight and foot traffic
• Minor wear on appliance finishes
• Loose door hinges or cabinet handles from regular use
• Small chips or scratches from everyday living

Examples that are NOT normal wear and tear:

• Large holes in walls, doors, or ceilings
• Broken windows or glass fixtures
• Heavily stained, torn, or soiled carpet
• Missing or broken locks and hardware
• Unauthorized holes for shelves or fixtures
• Damage from unauthorized pets or smoking

Penalties for Wrongful Withholding

If a landlord retains all or part of your deposit in violation of the section and with absence of good faith, § 89-8-21(4) says the court may award damages not to exceed $200 in addition to any actual damages. In practice that means:

• The amount wrongfully withheld, as actual damages
• Up to $200 more, at the court’s discretion, if the retention lacked good faith
• No statutory attorney’s fees: § 89-8-21 does not provide them

A landlord who sends no itemized notice at all has no statutory basis for keeping anything, which is usually the strongest fact a tenant can put in front of a judge.

How to Get Your Deposit Back in Mississippi

1. Document move-in and move-out condition — Take dated photos and video of every room. Under the statute the landlord may deduct only for damage you caused beyond ordinary wear and tear, so your photos define the baseline.

2. Deliver possession and demand the deposit in writing — On the day you return the keys, hand or mail the landlord a short letter demanding the deposit and giving your forwarding address. This starts the 45 days under § 89-8-21(3).

3. Wait for the itemized written notice — Any amount the landlord keeps must be claimed by written notice that itemizes the amounts. Keep whatever arrives, including the envelope.

4. Compare the notice against the statute — Check each item against the four permitted categories and your photos. Unpaid rent and documented damage are deductible; repainting for the next tenant or “general cleaning” of a clean unit is not.

5. Send a demand letter — If the 45 days pass without a refund or notice, or the deductions do not fit § 89-8-21(3), send a certified letter citing the section, stating the amount owed, and noting that retention without good faith exposes the landlord to up to $200 in additional damages.

6. File in small claims court — Mississippi Justice Court hears these claims without a lawyer. Bring the lease, photos, your demand letter and proof of delivery, and any notice the landlord sent.

7. Consider an attorney for larger disputes — The statute awards no attorney’s fees, so weigh the cost against the amount at stake.

Real Situations in Mississippi

In Jackson, a tenant paid a $1,200 deposit, returned the keys, and wrote to demand the deposit the same day. The landlord sent nothing for 90 days, then said he was “waiting for the final water bill.” Under § 89-8-21(3) the 45 days had run on day 45, and no itemized notice had ever been delivered. The Justice Court ordered the full $1,200 returned as actual damages and, finding that holding a deposit for three months with no notice showed an absence of good faith, added $200 under § 89-8-21(4).

In Gulfport, a landlord kept $400 for “excessive cleaning” of a unit the tenant had left reasonably clean. The itemized notice listed the amount but no receipt, and the tenant’s photos showed a clean apartment. The judge held that cleaning charges under § 89-8-21(3) must be reasonably necessary, found the $400 unsupported, and ordered it returned; because the landlord had at least itemized and responded within the deadline, no bad-faith damages were added.

In Hattiesburg, a tenant moved out without demanding the deposit or leaving an address. Four months later she asked why nothing had arrived. Because the statute’s 45 days do not begin until the tenant has delivered possession and demanded the deposit, the landlord was not yet late. She made the demand in writing; the landlord returned the deposit within the 45 days that followed.

Common Mistakes Mississippi Tenants Make

Believing the guides that say Mississippi has no deposit law. § 89-8-21 has been in force since 1991. Cite it in your demand letter; landlords who assume there is no deadline often pay up when they see one.

Not making a written demand at move-out. The 45-day clock needs your demand as well as your departure. Without it, a landlord who sits on the deposit is not yet in violation.

Skipping the photos. The statute lets the landlord deduct only for damage you caused beyond ordinary wear and tear, and the itemized notice will describe the unit as the landlord saw it. Dated photos are how you answer.

Key Statute

Miss. Code Ann. § 89-8-21 — Mississippi’s security deposit section within the Residential Landlord and Tenant Act: permitted deductions and the itemized-notice requirement (subsection 3), the 45-day return deadline measured from termination, delivery of possession and demand (subsection 3), and the up-to-$200 penalty for retention without good faith (subsection 4). Mississippi publishes no free official code online; FindLaw carries the current text.

This article is for informational purposes only and does not constitute legal advice. Always verify current rules at the source linked above or consult a licensed Mississippi attorney.