Security Deposit Law in Mississippi (Miss. Code Ann. § 89-8-21): Deadline and Penalty
In Mississippi, a landlord has 45 calendar days to return a security deposit. The deadline is measured from this trigger: After the termination of the tenancy, the delivery of possession, and demand by the tenant. The verified penalty 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 |
| 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. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in Miss. Code Ann. § 89-8-21.
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.
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.
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
What happens if a landlord misses the Mississippi deposit deadline?
The verified penalty 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. Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 45 calendar days. The deadline trigger is After the termination of the tenancy, the delivery of possession, and demand by the tenant. A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send a letter that documents the demand and keeps your record tied to the verified Mississippi deadline.
build a Mississippi demand letter
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.