✓ Law Verified June 2026
This guide explains mississippi security deposit law in plain English — how much your landlord can charge, when they must return it, what they can and cannot deduct, and what to do if they do not give it back. All figures are from Mississippi law, verified as of June 2026.
In This Mississippi Guide:
Mississippi Security Deposit Rules at a Glance
| Maximum deposit | No statutory limit. Mississippi law does not cap the amount a landlord can charge for a security deposit. In practice, many landlords charge 1 to 2 months’ rent, but there is no legal maximum under Miss. Code Ann. § 89-8-21. |
| Return deadline | 45 |
| Itemized deductions required | YES. Under Miss. Code Ann. § 89-8-21, the landlord must deliver a written, itemized notice to the tenant listing the specific amounts claimed and the reasons for each deduction. However, the law does not require the landlord to attach receipts or invoices — only the itemized list itself is mandated. |
| Interest on deposit required | NO. Mississippi does not require landlords to hold security deposits in interest-bearing accounts and does not require landlords to pay tenants any interest on the deposit. |
| Penalty for late/bad-faith return | If a Mississippi landlord retains the deposit or any portion without good faith, the tenant may be awarded actual damages plus an additional penalty of up to 200 dollars. Failure to provide the itemized deduction list within 45 days may be used as evidence of bad faith. Many tenants can also recover reasonable attorney’s fees if they prevail in court. The penalty is modest compared to some states, but it does provide a legal remedy. |
Move-in/move-out walkthrough: NO. Mississippi law does not require landlords to conduct move-in or move-out walkthrough inspections. However, tenants are strongly encouraged to document the condition of the unit with photos and a written checklist at both move-in and move-out to protect against wrongful deductions.
Separate deposit account: NO. Mississippi law does not require landlords to hold the security deposit in a separate or escrow account. The statute does not prohibit commingling of deposit funds with the landlord’s personal funds. However, the law does state that the tenant’s claim to the deposit is prior to (has priority over) the claim of any creditor of the landlord, providing some protection if the landlord faces financial trouble.
What Your Landlord Can and Cannot Deduct in Mississippi
Mississippi landlords may deduct only amounts reasonably necessary to: (1) remedy the tenant’s defaults in payment of rent (unpaid rent), (2) repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear, (3) clean the premises upon termination of the tenancy, and (4) cover other reasonable and necessary expenses incurred as the result of the tenant’s default under the lease.
Normal wear and tear vs damage: Mississippi law uses the phrase “ordinary wear and tear” but does not define it in the statute. Under general Mississippi legal interpretation, ordinary wear and tear includes gradual deterioration from normal everyday use — such as minor scuff marks on floors, small nail holes from hanging pictures, gently worn carpet, and faded or slightly aged paint.
Damage beyond ordinary wear and tear — such as large holes in walls, broken fixtures, stained or burned carpet, or pet damage — may be deducted. If you disagree with a landlord’s characterization of damage, you may challenge it in court.
How to Get Your Deposit Back in Mississippi
If you believe your Mississippi landlord wrongfully withheld your deposit: (1) Send a written demand letter by certified mail requesting the return of your deposit and referencing Miss. Code Ann. § 89-8-21. (2) If the landlord does not respond or refuses within a reasonable time, you may file a claim in Mississippi Justice Court (the state’s small claims court).
The filing fee is typically 84 to 100 dollars. The maximum claim amount in Justice Court is 3500 dollars.
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(3) File in the Justice Court of the county where the rental property is located. (4) Bring your lease, move-in/move-out photos, the demand letter, and any correspondence. (5) You may be able to recover your actual deposit amount, up to 200 dollars in additional damages for bad faith retention, and reasonable attorney’s fees. Check with your local Justice Court clerk for specific filing procedures.
Other Mississippi deposit rules: (1) Tenant’s claim to the deposit has legal priority over any creditor of the landlord — meaning if the landlord goes bankrupt or faces creditor claims, the tenant’s deposit is protected first under the statute.
(2) The bad faith penalty cap of 200 dollars is notably low compared to many other states. (3) Mississippi does not require any written receipt for the deposit at the time it is collected.
(4) The 45-day return clock starts only after three conditions are all met: termination of tenancy, delivery of possession (tenant has moved out), AND demand by the tenant — meaning the tenant should make a written demand for the deposit to start the clock. (5) Advance rent payments made to secure the execution of a rental agreement are excluded from the security deposit statute’s coverage.
Your landlord’s insurance won’t cover your stuff
Renters insurance protects your belongings for a few dollars a month.
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Official Mississippi Sources & Resources
- Mississippi Attorney General: UNVERIFIED — Mississippi Attorney General’s office does not appear to maintain a dedicated security deposit rights page. General AG consumer complaint information may be found at https://www.ago.state.ms.us but no deposit-specific page was located.
- Mississippi Security Deposit Statute: https://law.justia.com/codes/mississippi/title-89/chapter-8/section-89-8-21/
- U.S. Department of Housing and Urban Development: hud.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
Understanding Mississippi Security Deposit Law
Your Mississippi security deposit is your money until the landlord proves a lawful deduction. Mississippi security deposit law sets clear limits on how much can be charged, what can be deducted, and when the balance must be returned. If your landlord misses the Mississippi security deposit return deadline or takes deductions that are not allowed, you may be entitled to penalties.
Document the condition of your unit at move-in and move-out — photos are the best protection for your Mississippi security deposit.
This Mississippi security deposit guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.
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Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.