What the statute covers
Miss. Code § 89-8-21 covers any money whose primary function is to secure performance of a rental agreement. It excludes payments made to secure signing of the agreement, including advance rent (§ 89-8-21(1)). The landlord holds the deposit for you, and your claim to it ranks ahead of any of the landlord's creditors (§ 89-8-21(2)). Mississippi sets no cap.
Four permitted claims
By written notice that itemizes the amounts, the landlord may claim only what is reasonably necessary to:
- remedy your default in paying rent;
- repair damage you caused, excluding ordinary wear and tear;
- clean the premises at the end of the tenancy;
- cover other reasonable and necessary expenses from your default.
Each applies only if the deposit was made for that purpose (§ 89-8-21(3)).
45 days after your demand
Any remaining deposit must be returned no later than 45 days after the tenancy ends, you deliver possession, and you demand it. Make the demand in writing when you hand back the keys.
Our calculator counts 45 days.
Practical record-keeping
Because the deadline runs from your demand, keep a dated copy of the demand and proof that it was delivered, along with photos from move-out day.
Steps to recover a Mississippi deposit
- Photograph the unit when you leave.
- Return possession and send a written demand with your forwarding address.
- Count 45 days from the demand.
- If nothing arrives, send a second demand citing § 89-8-21.
- If that fails, file a claim in small claims court.
Neighboring states
Alabama sets 60 days and doubles the deposit. Louisiana has a $300 minimum, Tennessee has no fixed deadline, and Arkansas sets 60 days.
Frequently asked questions
Is there a cap on security deposits in Mississippi?
No. Miss. Code § 89-8-21 sets no maximum.
How long does a Mississippi landlord have to return a deposit?
45 days after termination, delivery of possession and your demand.
What can a Mississippi landlord deduct?
Unpaid rent, damage beyond ordinary wear and tear, cleaning, and other reasonable expenses from your default.
What is the penalty in Mississippi?
For bad-faith retention, actual damages plus up to $200.
Sources
Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.