Mississippi Security Deposit Laws: Rules, Limits, and Return Deadlines

Unlike many states that heavily regulate security deposits, Mississippi offers landlords significant leeway in determining the amount of deposit they require. However, 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 Mississippi Code § 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:

1. Unpaid Rent: Any rent or late fees the tenant owes at the end of the lease.
2. Damages Beyond Normal Wear and Tear: The cost of repairing physical damage to the property caused by the tenant, their guests, or pets.
3. Cleaning Costs: Expenses incurred to clean the premises if the tenant did not leave it in the condition required by the lease.
4. 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

1. 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.
2. Get a Forwarding Address: Always formally request the tenant's forwarding address in writing before they vacate.
3. 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.
4. 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).