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Mississippi security deposit: 45 days to get it back

The landlord must return any remaining deposit no later than 45 days after the tenancy ends, possession has been delivered and the tenant has made a demand. Because the tenant's demand is part of that trigger, send your written demand right after you move out so the 45 days is easy to prove.

Double-check before you rely on this. Parts of this page come from legal-aid and other secondary summaries instead of the official statute text. Confirm the deadline and penalty in Miss. Code Ann. § 89-8-21, and check whether a local ordinance changes the rules.

What the law requires

Itemized statement: The landlord's written notice must itemize the amounts claimed. Deductions may cover unpaid rent, damage beyond ordinary wear and tear, move-out cleaning and other necessary expenses caused by the tenant's default. No receipt or documentation threshold found.
If the landlord breaks the rules: A landlord who keeps a deposit in violation of the section and without good faith may owe damages of up to $200, in addition to actual damages.
Deposit cap: No statutory cap found in § 89-8-21.
Small claims limit: $3,500 in Justice Court
Statute: Miss. Code Ann. § 89-8-21

Recent changes

No amendments found; the Justia 2025 version shows history only to Laws 1991, ch. 478. 2026 bills to raise the Justice Court limit did not pass as far as could be determined (SB 2696 passed the Senate but died in House committee on 3/3/2026; HB 876 shows no action after referral).

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite Miss. Code Ann. § 89-8-21. Give a date to respond.
If you still aren't paid, file in Justice Court. Deposit claims up to $3,500 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a Mississippi demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under Miss. Code Ann. § 89-8-21, the time allowed for returning my deposit and sending any required itemized statement has passed. [Confirm the exact deadline in the statute and add it here.]

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

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

What happens if a Mississippi landlord keeps the deposit wrongfully?

A landlord who keeps a deposit in violation of the section and without good faith may owe damages of up to $200, in addition to actual damages.

Do I have to give my Mississippi landlord a forwarding address?

Our review of Mississippi's statute didn't find a forwarding-address rule that starts the deadline. Give one in writing anyway, so you can prove where to send the deposit.

Where do I sue for my deposit in Mississippi?

Deposit claims up to $3,500 can be filed in Justice Court. Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.