Mississippi: Security Deposit Return Deadlines & Deductions

Requirements one by one

Governing law

Mississippi's deposit rules live in one section of its Residential Landlord
and Tenant Act, Miss. Code Ann. § 89-8-21.

Deadline to return the deposit

The 45-day period doesn't start on move-out alone. The statute requires
"the termination of his tenancy, the delivery of possession and demand by
the tenant" — all three — before the deadline is triggered (§ 89-8-21(3)).
Practically, that means a tenant who wants their deposit back promptly
should make a clear demand for it, not just wait after handing over the
keys.

Itemized statement required?

Yes, whenever the landlord claims any part of the deposit. The statute
requires the landlord to send "written notice delivered to the tenant" that
"itemize[s] the amounts claimed," inside the same 45-day window
(§ 89-8-21(3)).

What can be deducted

The landlord may claim 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" (§ 89-8-21(3)). That authority is also limited textually to
whatever purposes the payment was collected for in the first place — "if
the payment or deposit is made for any or all of those specific purposes."

Maximum deposit amount

None. Mississippi's statute sets no ceiling on how much a landlord can
collect as a security deposit.

Interest on the deposit?

No. The statute doesn't require a landlord to pay interest on a held
deposit.

Penalty for a late/bad-faith withholding

If a landlord retains a deposit "in violation of this section and with
absence of good faith," the tenant can recover "damages not to exceed Two
Hundred Dollars ($200.00) in addition to any actual damages" (§ 89-8-21(4)).
Unlike many states in this survey, there's no doubling or trebling of the
deposit itself — the statutory add-on damages are capped at a flat $200
regardless of how large the deposit was, on top of whatever actual damages
the tenant can prove. A bad-faith showing is required; the statute doesn't
create an automatic forfeiture just for missing the 45-day deadline.

Separate account or bond required?

No. The statute says a held deposit is "prior to the claim of any creditor
of the landlord" if the landlord becomes insolvent, but that's a priority
rule for a dispute among creditors, not a requirement that the landlord
keep the money in a separate account, an interest-bearing account, or a
bond.

What trips people up

The 45-day clock needs a demand, not just a move-out. Because the
deadline only starts once the tenant has terminated the tenancy, delivered
possession, AND demanded the deposit back, a tenant who moves out and says
nothing further can't assume the 45 days are already running — send a
written demand for the deposit to start the clock cleanly.

There's no multiplier if the landlord drags its feet. Some states let a
tenant recover double or triple the deposit for a late or bad-faith
return. Mississippi doesn't — the add-on statutory damages are capped at
$200 no matter how large the deposit is, so a tenant with a large deposit
at stake should focus on proving actual damages (like the cost of a
comparable replacement deposit elsewhere) rather than counting on a
multiplier.

Deductions have to match what the deposit was actually collected for.
The statute ties permitted deductions to "the payment or deposit... made
for any or all of those specific purposes" — worth checking what your
lease says the deposit is actually securing.

Common questions

My landlord hasn't sent anything 45 days after I moved out — what am I
owed? Check whether you've also made a demand for the deposit; the
45-day clock needs termination, delivery of possession, and a demand, all
three. Once triggered and missed in bad faith, you can recover the deposit
plus actual damages and up to $200 in statutory damages.

Is there a cap on how much my landlord can charge as a deposit? No.
Mississippi law doesn't limit the amount.

Do I get interest on my deposit while it's held? No. Mississippi's
statute doesn't require it.

Statutes and sources

• Miss. Code Ann. § 89-8-21(1) — scope of the section.
  https://law.justia.com/codes/mississippi/title-89/chapter-8/section-89-8-21/ (accessed 2026-07-06)
• Miss. Code Ann. § 89-8-21(2) — deposit held for the tenant, priority over the landlord's creditors.
  https://law.justia.com/codes/mississippi/title-89/chapter-8/section-89-8-21/ (accessed 2026-07-06)
• Miss. Code Ann. § 89-8-21(3) — permitted deductions, itemization duty, and the 45-day return deadline.
  https://law.justia.com/codes/mississippi/title-89/chapter-8/section-89-8-21/ (accessed 2026-07-06)
• Miss. Code Ann. § 89-8-21(4) — statutory damages for a bad-faith retention.
  https://law.justia.com/codes/mississippi/title-89/chapter-8/section-89-8-21/ (accessed 2026-07-06)