Overview
Mississippi’s security deposit laws are governed by the Mississippi Code § 89-8-21. The law outlines how landlords must handle security deposits, including limits on deductions and requirements for returning the funds at the end of a lease.
Although Mississippi’s regulations are less detailed than those in other states, they still provide essential protections for tenants and responsibilities for landlords.
This guide covers:
How much landlords can charge
Deposit return timelines and requirements
Allowable deductions
Penalties for non-compliance
Related Statute: Miss. Code § 89-8-21
1. Security Deposit Limits & Storage Requirements
Maximum deposit: Mississippi law does not set a specific maximum for security deposits. Landlords may charge any amount deemed reasonable.
Storage requirements: There are no statutory requirements regarding how or where the deposit must be held.
Law Reference: Miss. Code § 89-8-21(1)
2. Security Deposit Returns & Allowable Deductions
Return deadline: Landlords must return the security deposit within 45 days after the end of the tenancy and delivery of possession by the tenant.
Permissible deductions: Deductions are allowed for unpaid rent, damages beyond normal wear and tear, and other breaches of the lease agreement.
Itemized statement required: If any portion of the deposit is withheld, the landlord must provide a written itemized list of deductions.
Law Reference: Miss. Code § 89-8-21(2)
3. Interest Payments & Documentation Requirements
Interest payments: Mississippi law does not require landlords to pay interest on security deposits.
Move-in condition documentation: There is no statutory requirement for a move-in inspection report, but landlords may include one as part of their leasing process.
Law Reference: Not specifically addressed in statute.
4. Penalties for Mishandling Security Deposits
Forfeiture and damages: If a landlord retains any portion of the deposit in bad faith, the tenant may recover the amount wrongfully withheld plus up to $200 in damages, along with court costs.
Legal recourse: Tenants may pursue legal action in court if their deposit is not returned or if deductions are unjustified.
Law Reference: Miss. Code § 89-8-21(3)
Key Takeaways
Mississippi does not limit how much landlords can charge as a security deposit.
Deposits must be returned within 45 days after the end of the tenancy.
An itemized list must be provided for any deductions.
Landlords who withhold deposits in bad faith may owe up to $200 in additional damages.
Understanding Mississippi’s security deposit laws helps ensure that both landlords and tenants are treated fairly at the end of a lease agreement.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Readers should not act or refrain from acting based on any information included in this post without seeking legal counsel or other professional guidance specific to their situation. The information is provided “as is” without any representations or warranties of any kind, express or implied, including but not limited to the accuracy, completeness, or reliability of the content. Laws and regulations may change and vary by jurisdiction.
