Mississippi's landlord-tenant regime is relatively sparse, but security deposits have their own statutory timeline. The Mississippi Residential Landlord and Tenant Act and the specific deposit provision in Miss. Code § 89-8-21 set out return deadlines and itemization duties that many leases either mischaracterize or silently override. Before you sign, confirm the 45-day return window and the landlord's itemization duty — both favour the tenant and are hard to contract away.
What is a Security Deposit?
Mississippi residential lease security deposits are regulated by the Mississippi Residential Landlord and Tenant Act (Miss. Code §§ 89-8-1 to 89-8-29). Section 89-8-21 specifies the deposit procedure: the landlord has 45 days from the termination of the tenancy and delivery of possession to return the deposit, less any amounts lawfully withheld. The landlord must provide a written itemization of any deductions. Mississippi does not cap the deposit amount but prohibits deductions for normal wear and tear.
Red flags to watch for
Miss. Code § 89-8-21 sets 45 days as the maximum. Lease clauses allowing longer return periods are unenforceable.
The statute requires a written itemized statement of deductions. Absence of this in the lease often signals landlord non-compliance in practice.
Miss. Code § 89-8-21(3) prohibits withholding for normal wear and tear. Routine scuffs, minor carpet wear, and expected deterioration are not chargeable.
Mississippi permits non-refundable fees if disclosed separately, but they cannot convert a security deposit into a non-refundable charge.
Tenants have a statutory right to sue for deposit return. Forum-selection or waiver clauses that block Justice Court access ($3,500 limit) are suspect.
Practically, the 45-day clock depends on the landlord knowing where to send the refund. Leases should acknowledge a forwarding-address mechanism.
Your legal rights
Mississippi tenants are protected by: the Mississippi Residential Landlord and Tenant Act (Miss. Code §§ 89-8-1 to 89-8-29); the 45-day return and itemization rule under § 89-8-21; the implied warranty of habitability under § 89-8-23; the retaliatory-eviction prohibition under § 89-8-17; common-law contract remedies; the Mississippi Consumer Protection Act (Miss. Code §§ 75-24-1 et seq.) for deceptive practices; and the federal Fair Housing Act. Small-claims jurisdiction in Justice Court runs up to $3,500. A landlord who wrongfully withholds a deposit may be liable for the withheld amount plus any applicable damages and, in Justice Court, court costs.
Questions to ask before you sign
- 1When will the deposit (or itemized deductions list) be returned — and where should I send my forwarding address?
- 2What is considered 'damage' versus 'normal wear and tear' in this lease?
- 3Are there any non-refundable fees labelled separately from the deposit?
- 4How will the move-in condition be documented?
- 5What remedies apply if the 45-day deadline is missed?
- 6Can I attend a move-out walkthrough before vacating?
- 7If we dispute deductions, which Justice Court or County Court would hear the claim?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.