Mississippi security deposit rules
Mississippi sets no statutory limit on the size of a security deposit. The deposit must be returned no later than 45 days after termination of the tenancy, delivery of possession, and demand by the tenant; itemized written notice required for any amounts claimed. No interest is owed on the deposit under state law.
What the law requires
No statutory limit. Returned No later than 45 days after termination of the tenancy, delivery of possession, and demand by the tenant; itemized written notice required for any amounts claimed. Statute text read verbatim in the Mississippi Attorney General's published copy of the Residential Landlord and Tenant Act (PDF, 2021) and on the FindLaw mirror (current as of Jan 1, 2025); the official code is hosted by LexisNexis and law.justia.com returned 403. § 89-8-21(3): remaining 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.' § 89-8-21(4): bad-faith retention exposes landlord to up to $200 in addition to actual damages. No deposit cap, no interest requirement, no separate account requirement. No 2024-2026 amendments to § 89-8-21 found.
- Deductions: unpaid rent and damage beyond normal wear and tear, itemised in writing. Cleaning and repainting after ordinary use are normal wear in most states.
- Deadline: the 45-day clock usually starts when the tenant moves out and, in many states, when a forwarding address is provided. Missing it typically forfeits the landlord’s right to keep any of the deposit and can add statutory damages.
- Interest: none required under state law. Cities in some no-interest states have their own ordinances, so check the municipal code where you rent.
Move-out checklist
- Give written notice of the move-out date and a forwarding address; many deadlines only start when the landlord has the address.
- Photograph every room after cleaning, with a timestamp. Request a joint inspection where the state allows one.
- If the deadline passes, send a written demand citing Miss. Code Ann. § 89-8-21(3)-(4). Small-claims court handles deposit disputes in every state and most cap the claim well above a typical deposit.
Related Mississippi rules
- Late fees: No statute caps late fees or sets a grace period; fees are governed by the rental agreement. Late fee calculator.
- Notice to end a tenancy: Month-to-month: written notice at least 30 days before the termination date by either party (§ 89-8-19(3)); week-to-week: 7 days (§ 89-8-19(2)). No notice required where the other party committed a substantial violation materially affecting health or safety (§ 89-8-19(4)). Notice calculator.
- All rules on one page: Mississippi landlord and tenant law.
Frequently asked questions
How much can a landlord charge for a security deposit in Mississippi?
There is no statutory cap in Mississippi; the market and the lease decide. Statute text read verbatim in the Mississippi Attorney General's published copy of the Residential Landlord and Tenant Act (PDF, 2021) and on the FindLaw mirror (current as of Jan 1, 2025); the official code is hosted by LexisNexis and law.justia.com returned 403. § 89-8-21(3): remaining 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.' § 89-8-21(4): bad-faith retention exposes landlord to up to $200 in addition to actual damages. No deposit cap, no interest requirement, no separate account requirement. No 2024-2026 amendments to § 89-8-21 found.
How long does a landlord have to return a security deposit in Mississippi?
No later than 45 days after termination of the tenancy, delivery of possession, and demand by the tenant; itemized written notice required for any amounts claimed. The statute is Miss. Code Ann. § 89-8-21(3)-(4).
Does a Mississippi landlord have to pay interest on the security deposit?
No. Mississippi law does not require interest on residential security deposits.