Mississippi Security Deposit Demand Letter
Direct answer
In Mississippi, the landlord must return the deposit within 45 calendar days. The deadline is measured from this trigger: After the termination of the tenancy, the delivery of possession, and demand by the tenant. The verified state formula is retention in violation of this section and with absence of good faith may subject landlord or transferee to damages not to exceed $200 in addition to any actual damages under Miss. Code Ann. § 89-8-21.
Key facts
| Deadline | 45 calendar days |
|---|---|
| Deadline trigger | after the termination of the tenancy, the delivery of possession, and demand by the tenant |
| Penalty formula | retention in violation of this section and with absence of good faith may subject landlord or transferee to damages not to exceed $200 in addition to any actual damages |
| Bad faith required | Yes |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | No statutory maximum under § 89-8-21. |
| Forwarding address required | No |
| Small claims limit | $3,500 (Justice Court statewide (Miss. Code § 9-11-9; official courts.ms.gov still lists $3,500)) in Justice Court |
| Statute citation | Miss. Code Ann. § 89-8-21 |
Statute says
The landlord, by written notice delivered to the tenant, may claim of such payment or deposit only such amounts as are reasonably necessary to remedy the tenant's defaults in the payment of rent, to repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear, to clean such premises upon termination of the tenancy, or for other reasonable and necessary expenses incurred as the result of the tenant's default, if the payment or deposit is made for any or all of those specific purposes. The written notice by which the landlord claims all or any portion of such payment or deposit shall itemize the amounts claimed by such landlord. Any remaining portion of such payment or deposit shall be returned to the tenant no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant.
What this means
Read the deadline, trigger, and penalty together before sending a letter. Match the dates in your documents to the trigger listed above, then cite Miss. Code Ann. § 89-8-21 and request the deposit amount supported by your records.
Worked example
Use your actual deposit amount when you write the letter. For context, median rent in Mississippi is $954 according to U.S. Census Bureau QuickFacts, American Community Survey 2020-2024 5-Year Estimates data as of .
- Hinds County: $1,061
- Harrison County: $1,115
- DeSoto County: $1,451
- Rankin County: $1,270
Example demand basis: a deposit equal to the state median rent starts at $954 before applying the state formula: retention in violation of this section and with absence of good faith may subject landlord or transferee to damages not to exceed $200 in addition to any actual damages.
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Hinds | Hinds County Justice Court, Jackson | $3,500 | Statewide filing fee: Confirm current filing and service fees with the justice court clerk. | Not verified | Official court website Court page check not recorded |
| Harrison | Harrison County Justice Court, Gulfport | $3,500 | Statewide filing fee: Confirm current filing and service fees with the justice court clerk. | Not verified | Official court website Court page check not recorded |
| DeSoto | DeSoto County Justice Court, Southaven | $3,500 | Statewide filing fee: Confirm current filing and service fees with the justice court clerk. | Not verified | Official court website Court page check not recorded |
See all 87 county small claims courts and filing fees
Free Mississippi template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Mississippi law (Miss. Code Ann. § 89-8-21), a landlord must return the deposit or send a written, itemized list of deductions within 45 calendar days after the termination of the tenancy, the delivery of possession, and demand by the tenant.
Before you send
- Collect your lease, deposit receipt, and move-in records.
- Save photos, videos, and messages about move-out condition.
- Write down the move-out date you can prove.
- Confirm the forwarding address you gave the landlord.
- Send by certified mail when appropriate, and keep a copy of the final letter and delivery proof.
Typical mistakes
- Sending a letter before organizing the documents that prove the timeline.
- Demanding an amount that does not match the payment records.
- Leaving out the forwarding address or preferred response method.
- Mixing repair complaints into a deposit letter without separating the issues.
FAQ
Does Jackson have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Mississippi law.
Does Gulfport have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Mississippi law.
Does Southaven have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Mississippi law.
Does Hattiesburg have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Mississippi law.
What is the small claims limit in Mississippi?
See the applicable court limits and jurisdictions in the state court guide. Mississippi small claims courts and filing fees
Can I use this if I do not know the exact deposit amount?
Use the amount shown in your lease, receipt, or move-in records. If records conflict, keep copies and avoid guessing in the letter.
Should I send evidence with the first letter?
Attach copies when they prove the basic facts, such as payment, move-out condition, forwarding address, or prior messages.
Can this page replace legal advice?
No. This page is self-help information for organizing a demand letter and checking the cited data before you act.
City data on this page currently includes Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Meridian, Tupelo, Olive Branch.
When this letter will NOT work
- The dispute is not about return of a security deposit.
- You need urgent court relief instead of a demand letter.
- You cannot identify the landlord or property manager to contact.
- Your documents point to a different state or a different kind of claim.
Tenant resources
- Mississippi Center for Legal Serviceslegal aid in Hattiesburg, 800-773-1737
- North Mississippi Rural Legal Serviceslegal aid in Oxford, 800-898-8731
- Mississippi Attorney General Consumer Protection Divisionag consumer
- Mississippi Access to Justice Commissioncourt self help
- Mississippi Volunteer Lawyers Projectlegal aid