Mississippi Security Deposit Return: The 45-Day Deadline (2026)

How long a landlord has to return your deposit, and what you can claim if they miss it

At a glance

Return deadline: 45 days after vacating
Measured from: Termination of the tenancy, delivery of possession, and demand by the tenant (all three)
Penalty for late or wrongful withholding: no statutory multiplier
Deposit cap: No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
Small claims cap: $3,500

Who this covers — and who it does not

This page covers residential security deposits in Mississippi, where a landlord has kept some or all of a deposit after a tenancy ends.

It does not cover:

Commercial leases
Deposits held in an escrow account or with a third party
Disputes about damage charges in an ongoing (not ended) tenancy
Any state other than Mississippi

Lease terms and local ordinances can change what applies. Where a city has its own deposit rules, those may differ from the state statute below.

What the statute actually says

45days

Measured from Termination of the tenancy, delivery of possession, and demand by the tenant (all three).

The landlord may claim, by written notice delivered to the tenant, 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. Any remaining portion must be returned no later than 45 days after termination of the tenancy, delivery of possession and demand by the tenant.

Miss. Code Ann. § 89-8-21(3) ↗

Penalties

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) ↗

Working out your own deadline

The clock does not start on the day you decided to leave. In Mississippi it starts Termination of the tenancy, delivery of possession, and demand by the tenant (all three) — for most leases that is the date you hand back the keys, not the date your notice period began.

Find the date you vacated and returned the keys. Write it down; everything else depends on it.
Add 45 calendar days. Count calendar days, not business days.
If the landlord has provided a forwarding address, check the statute for whether the deadline is shortened — in some states it is.
Note the date the deadline falls on. If the deposit has not arrived by then, the clock for the penalty starts running.

Common landlord defences and how to answer them

““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)

Sources and how to verify them

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.

When you need a lawyer instead of a tool

A self-help letter is the right starting point for a single deposit you can document. Get legal help if:

You have received an eviction notice — the timeline is now court-driven
The dispute involves discrimination, unsafe conditions or retaliation
The amount in dispute exceeds $3,500
Your landlord has filed anything in court already

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.

More Mississippi guides

Mississippi Security Deposit Rules

→ All Mississippi tenant rights topics

Common questions

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

45 days, counted from Termination of the tenancy, delivery of possession, and demand by the tenant (all three). Miss. Code Ann. § 89-8-21(3).

Can I claim more than my deposit back in Mississippi?

The statute cited for Mississippi does not provide a penalty multiplier beyond returning the deposit and any lawful deductions.

Does the 45-day deadline in Mississippi start when I give notice or when I move out?

It runs from Termination of the tenancy, delivery of possession, and demand by the tenant (all three) — the date you vacated and returned the keys, not the date your notice period began.

Do I need a lawyer to file a deposit claim in Mississippi?

No — Mississippi Justice Court handles small civil claims up to $3,500. Attorney representation is permitted but not required. This is the primary venue for landlord-tenant deposit disputes.