DisputeKit / Mississippi
How long does a Mississippi landlord have to return a security deposit?
45 days. Under Mississippi Code § 89-8-21(3), a landlord must return any remaining part of the security deposit, with a written notice itemizing any amounts claimed within 45 days. The clock starts when you move out and hand back possession of the unit. A court may also award up to $200 in addition to actual damages if the landlord kept the deposit without good faith.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The 45 days run from the latest of the end of the tenancy, the tenant handing back possession, and the tenant's demand for the deposit, so the tenant should demand the deposit in writing.
What Mississippi law says about deductions and your rights
- Deductions are limited to amounts reasonably necessary for unpaid rent, repairing damage caused by the tenant beyond ordinary wear and tear, cleaning at the end of the tenancy, and other reasonable expenses caused by the tenant's default.
- The landlord must claim deductions by written notice that itemizes the amounts claimed.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Mississippi is $3,500 in Justice Court (Mississippi has no separate small claims court), and the filing fee is Varies by county; ask the county Justice Court clerk.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 45 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Mississippi?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Mississippi law allows a court to award up to $200 in addition to actual damages if the landlord kept the deposit without good faith. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Mississippi is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.