Mississippi Security Deposit Law: No Cap, 45-Day Return

Miss. Code § 89-8-21 governs the tenant's security deposit but places no ceiling on the amount a landlord may require. A landlord, by written notice to the tenant, may claim only amounts "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." That written notice must itemize the amounts claimed. Any remaining portion of the deposit must be returned to the tenant no later than 45 days after termination of the tenancy, delivery of possession, and demand by the tenant.

Under Miss. Code § 89-8-21, a landlord who retains a deposit or any portion of it in violation of the section and with absence of good faith may be subject to damages not to exceed Two Hundred Dollars ($200.00) in addition to any actual damages. The tenant may sue to recover the wrongfully withheld funds plus these statutory damages.