Mississippi Security Deposit Law: Deadlines, Penalties & How to Get Your Deposit Back
Mississippi gives a landlord 45 days to return your security deposit or send an itemized statement of deductions, under Miss. Code § 89-8-21. If that window has passed and you haven’t been paid, you have leverage — here’s exactly what the statute says and how to act on it.
Mississippi security-deposit law at a glance
- Deadline to return / itemize
- 45 days
- after the tenancy ends
- Bad-faith penalty exposure
- Statutory
- a court may award if it finds bad faith
- Itemization required?
- Yes
- the landlord must justify any deduction
- Attorney’s fees recoverable?
- Not separately
- under Miss. Code § 89-8-21
How long does a Mississippi landlord have?
Under Miss. Code § 89-8-21, a Mississippi landlord has 45 days after your tenancy ends to return your deposit or provide an itemized statement of any deductions. Mississippi requires that itemized statement when the landlord keeps any part of the deposit. Count from the day the tenancy ended. If the deadline has passed and you haven’t been paid or itemized, your landlord is late — and that’s the leverage your demand letter is built on.
What penalty can a Mississippi landlord face?
A landlord who keeps a deposit improperly may face the statutory consequences below. Specifically, under Miss. Code § 89-8-21, Mississippi law lets a tenant seek the amount wrongfully withheld plus a statutory penalty a court may award. A $200 statutory penalty may apply.
Important: any penalty is something a court may award if it finds the landlord acted in bad faith — it is never automatic, and you would still need to make that case. Attorney's fees are not separately recoverable under this statute.
How to get your deposit back in Mississippi
- 1. Send a written demand. Put the deadline your landlord missed and the statute (Miss. Code § 89-8-21) in writing, by certified mail with return receipt, so you have proof of the date they received it.
- 2. Keep your records. Move-out photos, the walkthrough checklist, your lease, and proof you gave a forwarding address are your evidence if the landlord disputes the claim.
- 3. If they don’t pay, file in small claims. You can ask a Mississippi small claims court to order the deposit returned, and — under Miss. Code § 89-8-21 — to seek the amount wrongfully withheld plus a statutory penalty a court may award, which the court may award if you prove your case. The small-claims dollar limit varies by court within the state, so check your county’s limit before filing.
Generate your Mississippi demand letter
Run the free leverage check — enter your deposit and how long it’s been, and we’ll show you exactly how many days past Mississippi’s 45-day deadline your landlord is and the penalty exposure under Miss. Code § 89-8-21. Then, for a flat $39, get a firm, statute-cited demand letter you send yourself plus a Mississippi small-claims escalation roadmap. You keep 100% of whatever you recover.
Mississippi security deposit FAQ
- How long does a landlord have to return a security deposit in Mississippi?
- Mississippi law gives a landlord 45 days to return the deposit or send an itemized statement of any deductions, under Miss. Code § 89-8-21. Count from the day your tenancy ended; if that window has passed and you haven't been paid or itemized, your landlord is late.
- What penalty can a Mississippi landlord face for wrongfully keeping a deposit?
- Under Miss. Code § 89-8-21, the amount wrongfully withheld plus a statutory penalty a court may award. A $200 statutory penalty may apply. Any penalty is something a court may award if it finds bad faith — never automatic — and attorney's fees are not separately recoverable under this statute.
- Does my Mississippi landlord have to itemize deductions?
- Yes. Under Miss. Code § 89-8-21, a Mississippi landlord must provide an itemized statement of any deductions within the return window. If the statement is missing or the deadline is missed, you can demand the full deposit back.
- Can I take my Mississippi landlord to small claims court over my deposit?
- Yes. If your landlord won't return the deposit after a written demand, you can file in Mississippi small claims court (small-claims dollar limits vary by court within the state). There you can ask the court to order the deposit returned, and — under Miss. Code § 89-8-21 — to seek the amount wrongfully withheld plus a statutory penalty a court may award, which the court may award if you prove your case. Small claims is designed to be navigated without a lawyer.
Sources
The Mississippi facts on this page are drawn from Miss. Code § 89-8-21 and the references below. Always confirm the current text of the statute for your situation.