Mississippi Security Deposit Laws: Rules, Limits, and Return Deadlines
A complete guide to Mississippi security deposit laws, including the lack of statutory limits, the strict 45-day return deadline, and allowable deductions.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Unlike many states that heavily regulate security deposits, Mississippi offers landlords significant leeway in determining the amount of deposit they require. However, under the Residential Landlord and Tenant Act (effective July 1, 1991), the state enforces strict deadlines regarding how and when that deposit must be returned once a tenancy ends.
No Statutory Limit
Mississippi law sets no statutory maximum limit on the amount a landlord can charge for a residential security deposit.
While landlords have the legal right to set any reasonable deposit amount, market forces generally dictate the standard. Most Mississippi landlords typically charge an amount equal to one month's rent. For higher-risk tenants or those with pets, a landlord might charge one and a half to two months' rent, which is perfectly legal under state law.
Pet Deposits
Landlords in Mississippi are also permitted to charge separate, non-refundable pet fees or additional refundable pet deposits, provided these are clearly outlined in the written lease agreement. (Note: These cannot be charged for legitimate service or emotional support animals).
The 45-Day Return Deadline
While landlords have flexibility on the front end, Mississippi strictly enforces the timeline at the back end.
Under Miss. Code Ann. § 89-8-21, a landlord must return the tenant's security deposit—or whatever balance remains after lawful deductions—within 45 days after the termination of the tenancy, delivery of possession (moving out), and demand by the tenant.
If the landlord fails to return the deposit within this 45-day window, they may be forced to pay the tenant damages.
Allowable Deductions
A security deposit belongs to the tenant; the landlord is merely holding it in trust to guarantee the tenant's performance of the lease. Therefore, the landlord can only keep the deposit to compensate for specific financial losses.
In Mississippi, a landlord can lawfully deduct from the security deposit for:
- Unpaid Rent: Any rent or late fees the tenant owes at the end of the lease.
- Damages Beyond Normal Wear and Tear: The cost of repairing physical damage to the property caused by the tenant, their guests, or pets.
- Cleaning Costs: Expenses incurred to clean the premises if the tenant did not leave it in the condition required by the lease.
- Other Breaches: Any other financial loss caused by the tenant's failure to uphold their end of the lease agreement.
The Itemized Statement
If a landlord retains any portion of the security deposit, they must provide the tenant with a written, itemized notice of all deductions. This statement must detail exactly what was repaired or cleaned and how much it cost.
This itemized list, along with any remaining balance of the deposit, must be mailed to the tenant's last known address (or forwarding address) within the 45-day deadline.
Normal Wear and Tear vs. Damage
A common source of dispute is distinguishing between "normal wear and tear," which a landlord cannot deduct for, and compensable "damage."
- Normal Wear and Tear (Landlord's Expense): Sun-faded carpets, minor scuff marks on walls, worn finish on hardwood floors in high-traffic areas, or loose door handles.
- Damage (Tenant's Expense): Large holes in drywall, pet urine stains on carpets, broken windows, unauthorized paint colors, or doors torn off their hinges.
Best Practices for Mississippi Landlords
- Use Move-In/Move-Out Checklists: To avoid disputes over what damage is new, execute a detailed, signed property condition checklist with photos when the tenant moves in, and do the same when they move out.
- Get a Forwarding Address: Always formally request the tenant's forwarding address in writing before they vacate.
- Keep Receipts: If you make deductions, maintain copies of all vendor invoices, repair receipts, and material costs to prove your deductions were genuine and reasonable.
- Don't Miss the 45-Day Mark: Even if a tenant left the place a disaster, failing to send the itemized list within 45 days can forfeit your right to keep the deposit.
How Landager Helps
Landager tracks lease terms, important compliance dates, and documentation - making it easy to stay compliant with Mississippi regulations.
Back to [Mississippi Landlord-Tenant Laws Overview] (/property-compliance/usa/mississippi/overview).
Sources & Official References
Frequently Asked Questions
▶What are the Mississippi security deposit rules and return deadlines?
Mississippi has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
▶What are the Mississippi landlord-tenant laws every property owner should know?
Mississippi's rental market is governed by the Mississippi Residential Landlord and Tenant Act (Title 89, Chapter 8 of the Mississippi Code). The state is widely considered to have a landlord-friendly legal framework-there is no statewide rent control, no cap on security deposits, and a relatively streamlined eviction process for non-payment of rent. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide
▶What is the Mississippi eviction process and how long does it take?
The Mississippi eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Mississippi. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Mississippi rent increase laws and caps for landlords?
Mississippi has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Mississippi has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Mississippi?
Mississippi has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Mississippi state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Mississippi landlords provide to tenants?
Mississippi landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Mississippi lease requirements for rental properties?
Mississippi recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Mississippi law.
Read the complete guide▶What are Mississippi landlord maintenance obligations and habitability standards?
Mississippi landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
Read the complete guide📬 Get notified when these laws change
We'll email you when landlord-tenant laws update in No spam — only law changes.
