Security Deposits · Mississippi
Security deposit return deadline in Mississippi
A Mississippi landlord has 45 days to return the deposit or account for what is kept.
Deadline
45 days
Requires a demand by the tenant. Bad-faith retention carries damages up to $200 plus actual damages.
“Any remaining portion of such payment or deposit shall be returned to the tenant no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant”
When the clock starts
Most states run the deadline from the later of two events: the tenancy ending and the tenant actually handing back possession. A tenant who stops paying in March but leaves in May usually triggers the clock in May, not March. Several states add a third condition — the tenant supplying a forwarding address in writing — and in those states the deadline does not begin until that arrives.
For Mississippi specifically: Requires a demand by the tenant. Bad-faith retention carries damages up to $200 plus actual damages.
What has to be in the letter
Returning the money is only half of it. Nearly every state that sets a deadline also requires an itemised statementwhen anything is withheld, and the usual penalty for a missing or late statement is not a fine — it is forfeiting the right to withhold anything at all. A landlord with $900 of genuine damage and no timely itemisation frequently recovers nothing.
Include, at minimum:
- Each deduction on its own line, described specifically — “replace broken bedroom blind, $85”, not “repairs, $300”.
- Invoices, receipts or written estimates. Some states require them outright; the rest reward you for having them.
- The arithmetic: deposit held, deductions totalled, refund enclosed.
- Proof of delivery, sent inside the deadline — first-class mail to the forwarding address, certified where the state asks for it.
Normal wear and tear is not damage
The single most common reason a deduction fails is that it was really wear and tear. Carpet flattened by four years of walking, paint faded by sunlight, and scuffs behind furniture are the cost of letting property, not the tenant’s bill. Damage is something beyond ordinary use: a burn, a hole, a pet stain through to the underlay, a missing door. If the item would have needed replacing at the end of its useful life anyway, charging the full replacement cost to one tenant rarely survives scrutiny.
How this compares
Deadlines across the United States run from 14 days to 60, and two states set none at all. Mississippi sits at 45 days. See every state side by side.
Other states at 45 days
Common questions
- How long does a landlord have to return a security deposit in Mississippi?
- 45 days after the tenancy ends and the tenant gives up possession, under Miss. Code 89-8-21(3). Requires a demand by the tenant. Bad-faith retention carries damages up to $200 plus actual damages.
- What happens if a Mississippi landlord misses the deadline?
- Requires a demand by the tenant. Bad-faith retention carries damages up to $200 plus actual damages.
- Can a Mississippi lease change the deposit return deadline?
- Generally no — a statutory deadline is a floor that a lease cannot shorten, though a few states expressly let a lease extend it. Where Mississippi permits a longer period it is noted above. A lease clause that gives the landlord longer than the statute allows is unenforceable.
Never miss a deposit deadline again
Pacific Rentals Pro tracks move-out dates against your state’s statutory deadline, builds the itemised statement from your actual expenses, and tells you when the clock runs out. The Mississippi rule on this page is the same data the app uses.
Start free →Rules last read against their sources on November 6, 2026. Authority: Miss. Code 89-8-21(3). This is general information about Mississippilaw, not legal advice for your situation — statutes change and local ordinances can add requirements. Verify the current text before relying on it.