How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Mississippi, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Mississippi |
|---|---|
| Amounts reasonably necessary to remedy the tenant's defaults in the payment of rent | Permitted, if substantiated |
| Repairs to damages caused by the tenant, exclusive of ordinary wear and tear | Permitted, if substantiated |
| Cleaning the premises upon termination of the tenancy | Permitted, if substantiated |
| Other reasonable and necessary expenses incurred as the result of the tenant's default | Permitted, if substantiated |
| Claimed deduction | Permitted in Mississippi |
|---|---|
| Ordinary wear and tear | Not permitted |
| Any amount not itemized in a written notice delivered to the tenant | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord may claim only amounts reasonably necessary to remedy rent defaults, repair tenant-caused damage beyond ordinary wear and tear, clean the premises, or cover other reasonable expenses from the tenant's default, itemized in a written notice. To trigger the $200 penalty, the tenant must show the retention was without good faith.
In Mississippi the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Miss. Code Ann. § 89-8-21(3) ↗
A flat penalty of $200.
Only where the landlord retains the deposit in violation of the section AND with absence of good faith may the landlord be liable for damages not to exceed $200, in addition to any actual damages. This is a discretionary ceiling, not a multiplier, and requires a bad-faith finding. There is no attorney-fee provision in the statute.
Miss. Code Ann. § 89-8-21(4) ↗Under §89-8-21(2), the tenant's claim to the deposit is prior to the claim of any creditor of the landlord — protection if the landlord faces financial trouble or bankruptcy.
Miss. Code Ann. § 89-8-21(2) ↗Mississippi's penalty is among the weakest in the U.S.: only a bad-faith retention triggers damages, capped at $200, with no attorney-fee or multiplier remedy. Set expectations accordingly.
Miss. Code Ann. § 89-8-21(4) ↗““You never asked for the deposit, so I had no deadline.””
Here is my written demand with my forwarding address now. Under §89-8-21(3), the 45-day clock runs from termination, delivery of possession and my demand — so it now starts.
Miss. Code Ann. § 89-8-21(3)
““I kept the deposit for damages.””
You may claim only amounts reasonably necessary for unpaid rent, tenant-caused damage beyond ordinary wear and tear, cleaning, or other expenses from my default — and only if itemized in a written notice. Ordinary wear and tear is not deductible.
Miss. Code Ann. § 89-8-21(3)
““I will keep the deposit and you can sue me.””
If you retain my deposit in bad faith, you may be liable for up to $200 on top of my actual damages. My claim to the deposit is also prior to any of your creditors.
Miss. Code Ann. § 89-8-21(4), (2)
Some widely circulated summaries of Mississippi deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some summaries | 45 days after the tenancy ends |
| Miss. Code Ann. § 89-8-21(3) | 45 days after termination + delivery of possession + demand by the tenant (all three) |
What we follow: 45 days, demand-triggered
The statute expressly requires all three events. Omitting the demand element would wrongly suggest the clock runs automatically on move-out.
| Source | What it says |
|---|---|
| Some secondary sources | Tenant can recover reasonable attorney fees |
| Miss. Code Ann. § 89-8-21 | No attorney-fee provision exists in the statute |
What we follow: No statutory attorney-fee recovery
The statute contains no attorney-fee clause. Claims of fee recovery are not supported by §89-8-21.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| Miss. Code Ann. § 89-8-21(3) | 2026-10-15 | official text ↗ |
| Miss. Code Ann. § 89-8-21(4) | 2026-10-15 | official text ↗ |
| Miss. Code Ann. § 89-8-21(2) | 2026-10-15 | official text ↗ |
Primary reference: Miss. Code Ann. § 89-8-21 (Tenant's security deposit). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.
Mississippi Security Deposit Return
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The statute does not permit deductions for: ordinary wear and tear; any amount not itemized in a written notice delivered to the tenant.
The landlord. The landlord may claim only amounts reasonably necessary to remedy rent defaults, repair tenant-caused damage beyond ordinary wear and tear, clean the premises, or cover other reasonable expenses from the tenant's default, itemized in a written notice. To trigger the $200 penalty, the tenant must show the retention was without good faith.
No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
No. Ordinary wear and tear