[LETTERHEAD OF LANDLORD / MANAGEMENT COMPANY]
[Street Address] • [City], Mississippi [ZIP]
Telephone: [•] | Email: [•]

Date: [____]

Via: ☐ Certified Mail, Return Receipt Requested – Article No. [__]
☐ Hand Delivery (Tenant’s Acknowledgment Required)

TO:
[Tenant Full Legal Name(s)]
[Forwarding Address or Last-Known Address]
[City], [State] [ZIP]

SECURITY DEPOSIT ITEMIZATION AND BALANCE REFUND NOTICE
(Miss. Code Ann. § 89-8-21 Compliance)

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I. RECITALS

A. Landlord: [Legal Name of Landlord/Owner] (“Landlord”)
B. Tenant: [Full Legal Name(s) of Tenant(s)] (“Tenant”)
C. Premises: [Street Address, Unit No., City, MS ZIP] (the “Premises”)
D. Lease: Residential Lease dated [Lease Date] (the “Lease”)
E. Termination: Possession was surrendered on [Move-Out Date] (“Surrender Date”).

This Notice is delivered within forty-five (45) days after the Surrender Date in accordance with Miss. Code Ann. § 89-8-21 (the “Security Deposit Statute”).

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II. DEFINITIONS

For ease of reference, capitalized terms not defined herein have the meanings ascribed in the Lease or the Security Deposit Statute.

1. “Normal Wear and Tear” means the deterioration that results from the intended use of a dwelling unit, notwithstanding reasonable care, and excludes damage caused by negligence, carelessness, accident, abuse, or misuse by Tenant, an occupant, or a guest.
2. “Security Deposit” means the sum of $[____] originally paid by Tenant to Landlord on [Deposit Receipt Date] pursuant to the Lease.

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III. ITEMIZATION OF DEDUCTIONS

Pursuant to § 89-8-21(3), Landlord hereby provides a detailed statement of all lawful deductions from the Security Deposit:

[// GUIDANCE: Only include deductions that are expressly permitted: (a) unpaid rent, (b) damages beyond Normal Wear and Tear, and (c) other charges authorized by the Lease. Attach back-up documentation for each line item.]

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IV. CALCULATION OF BALANCE

1. Original Security Deposit: $[____]
2. Less: Total Allowable Deductions: – $[____]

3. BALANCE DUE TO TENANT: $[____]

A check in the above amount is enclosed and is tendered in full satisfaction of Landlord’s statutory obligation to return the remaining portion of the Security Deposit.

[// GUIDANCE: If deductions fully exhaust or exceed the deposit, state “$0.00” and enclose no check. If deductions exceed the deposit, demand for additional payment should be set forth in a separate notice.]

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V. TENANT’S RIGHTS NOTICE

1. Dispute Window. If Tenant contests any deduction, Tenant must notify Landlord in writing within thirty (30) days of receipt of this Notice, specifying each disputed item and the grounds therefor.
2. Statutory Remedies. Should Landlord fail to comply with § 89-8-21, Tenant may pursue the remedies provided therein, including recovery of the balance of the deposit, statutory damages not to exceed Two Hundred Dollars ($200.00), and reasonable attorney’s fees.
3. Forwarding Address. Tenant must provide in writing any change of address to ensure timely receipt of any future correspondence or refund checks.

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VI. GOVERNING LAW; DISPUTE RESOLUTION

1. Governing Law. This Notice and any dispute arising herefrom shall be governed by the laws of the State of Mississippi, without regard to conflict-of-laws principles.
2. Exclusive Forum. Any action relating to this Notice shall be filed in the state housing court (or, if no dedicated housing court exists, the [County] County [Justice/Circuit] Court) having jurisdiction over the Premises.
3. Arbitration. The parties expressly acknowledge that arbitration is excluded.
4. Jury Trial. Nothing herein shall be construed as a waiver of either party’s constitutional right to a trial by jury.
5. Remedies. The parties agree that money damages are an adequate remedy; injunctive or equitable relief is not contemplated by this Notice.

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VII. MISCELLANEOUS

1. No Admission. Issuance of this Notice does not constitute an admission of liability for any claimed damages beyond the scope of the Security Deposit Statute.
2. Reservation of Rights. Landlord reserves all rights and remedies available at law or in equity in connection with any breach of the Lease.
3. Counterparts; Electronic Delivery. This Notice may be executed, accepted, and delivered electronically, and a copy with signatures shall be deemed an original.

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VIII. EXECUTION

Respectfully submitted,

______ Date: ______
[Authorized Signatory Name]
[Title, e.g., Property Manager]
For and on behalf of [Landlord Legal Name]

Enclosures:
Ex. A – Rent Ledger
Ex. B – Utility Invoice(s)
Ex. C – Contractor Invoice(s)
Ex. D – Cleaning Receipt(s)
(Check No. [_] in the amount of $[__])

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[ACKNOWLEDGMENT OF RECEIPT – OPTIONAL]

Tenant hereby acknowledges receipt of the foregoing Notice and any enclosed refund check.

______ Date: ______
[Tenant Signature]

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[// GUIDANCE:
1. Mailing. Send via certified mail to the forwarding or last-known address provided by Tenant; retain proof of mailing.
2. Timing. Mississippi requires mailing within 45 days after possession is returned. Miss. Code Ann. § 89-8-21(3).
3. Supporting Evidence. Attach clear documentation for every deduction to strengthen defensibility.
4. Partial Occupancy. If multiple tenants, issue joint check unless written instructions specify otherwise.
5. Record Retention. Keep copies of this Notice, enclosures, and proof of payment for at least four (4) years to cover the statute of limitations on contract claims.

This template is court-ready but should be reviewed for property-specific nuances and updated statutory changes prior to use.]