Security Deposit Return Deadlines & Deductions in Mississippi
At a glance
| Governing law | Miss. Code Ann. § 89-8-21 (residential deposit) |
|---|---|
| Deadline to return the deposit | Remaining balance within 45 days after termination, delivery of possession and tenant demand (§ 89-8-21(3)) |
| Itemized statement required? | Written delivered notice itemizing any amount claimed; § 89-8-21(3) states no separate notice deadline |
| What can be deducted | Reasonable unpaid rent, tenant-caused damage beyond ordinary wear, cleaning, or other necessary default expense, if the deposit secured that purpose (§ 89-8-21(3)) |
| Maximum deposit amount | No deposit amount cap in the residential deposit section (§ 89-8-21) |
| Interest on the deposit? | No tenant-interest duty in § 89-8-21 |
| Penalty for a late/bad-faith withholding | Actual damages plus up to $200 if retained in violation of § 89-8-21 without good faith; no statutory multiplier (§ 89-8-21(4)) |
| Separate account or bond required? | No account or bond duty in § 89-8-21; tenant claim ranks before landlord creditors (§ 89-8-21(2)) |
Requirements one by one
Return and deductions
Miss. Code Ann. § 89-8-21(3) requires any remaining deposit to be returned within 45 days after all three events: tenancy termination, delivery of possession, and the tenant's demand. The same subsection lets the landlord claim only amounts reasonably necessary for unpaid rent, tenant-caused damage beyond ordinary wear, cleaning at termination, or another necessary expense caused by tenant default, and only if the deposit was made for that purpose.
Written notice and remedy
A landlord claiming any portion must deliver the tenant written notice itemizing the amounts claimed under § 89-8-21(3). That subsection states the 45-day deadline for returning the balance but does not separately specify a delivery date for the notice. Under § 89-8-21(4), retention in violation of the section and without good faith may bring up to $200 in damages in addition to actual damages.
Holding the deposit
Miss. Code Ann. § 89-8-21(2) says the landlord holds the money for the tenant and gives the tenant's claim priority over the landlord's creditors. The section imposes no separate-account, bond, or interest duty and does not cap the amount collected. The deposit rules apply to money primarily securing performance of a rental agreement under § 89-8-21(1), rather than a payment to secure execution of the agreement.
What trips people up
A move-out alone does not start the 45 days: the statute also names delivery of possession and a tenant demand. Make the demand in a form you can prove and retain the delivery record; § 89-8-21(3) does not prescribe a particular demand format. The $200 remedy requires retention in violation of the section and an absence of good faith, so it does not arise automatically from a disputed deduction.
Common questions
Can the landlord deduct ordinary wear? No. Section 89-8-21(3) excludes ordinary wear and tear from tenant-caused damage deductions.
Is there a separate statutory attorney-fee award? Section 89-8-21(4) names actual damages and an additional amount of up to $200; it does not provide attorney's fees.
Statutes and sources
- Miss. Code Ann. § 89-8-21 — scope, holding, deductions, return and remedy. https://law.justia.com/codes/mississippi/title-89/chapter-8/section-89-8-21/ (accessed 2026-10-07)
- Official 2024 HB 1580 introduction, § 11 — complete then-current § 89-8-21 reprint (introduced version). https://billstatus.ls.state.ms.us/documents/2024/html/HB/1500-1599/HB1580IN.htm (accessed 2026-10-07)
Source links
Every statute quoted above, linked, with the date we checked it.
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