Mississippi Statewide Rule

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

Few RestrictionsApplies statewide across Mississippi (2026)

Key Facts

Deposit cap: No statutory limit
Return deadline: 45 days after termination, delivery of possession, and tenant's demand
Itemized statement: Required: written notice must itemize amounts claimed
Statute: Miss. Code Ann. § 89-8-21
Penalty: Up to $200 plus actual damages for bad-faith retention

Last verified: September 5, 2026

Summary

Mississippi sets no statutory cap on a residential security deposit. Under Miss. Code § 89-8-21, a landlord must return any remaining deposit, with an itemized written notice of any amounts claimed, no later than 45 days after the tenancy ends, possession is delivered, and the tenant demands the deposit. Bad-faith retention exposes the landlord to extra damages up to $200.

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.

View official code

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

How much can a landlord charge for a security deposit in Mississippi?

There is no statutory limit. Miss. Code § 89-8-21 does not cap the amount a landlord may require as a security deposit or prepaid rent, so the amount is set by the lease agreement.

How long does a landlord have to return a security deposit in Mississippi?

No later than 45 days after the tenancy ends, possession is delivered, and the tenant demands the deposit. If the landlord keeps any portion, the written notice must itemize the amounts claimed, per Miss. Code § 89-8-21.

What can a landlord deduct from a security deposit in Mississippi?

Only amounts reasonably necessary to cover unpaid rent, to repair tenant-caused damage beyond ordinary wear and tear, to clean the premises at termination, or for other reasonable and necessary expenses caused by the tenant's default, with each amount itemized in writing.

Sources

Miss. Code Ann. § 89-8-21 (Tenant's Security Deposit)

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