Security Deposit Not Returned in Mississippi: What Can I Do?

1. Mississippi's rental law covers any rental agreement made after July 1, 1991, for a home in Mississippi.

   Mississippi Legislature, 2022 Senate Bill 2461 as sent to the Governor Miss. Code § 89-8-7(1)(c) Mississippi Legislature, 2025 Senate Bill 2328 as sent to the Governor Miss. Code § 89-8-3(1)

   ✓ Sources checked October 3, 2026

2. Mississippi's rental law does not cover a short stay in a hotel, motel or lodgings (places that rent rooms).

   Mississippi Legislature, 2025 Senate Bill 2328 as sent to the Governor Miss. Code § 89-8-3(2)

   ✓ Sources checked October 3, 2026

3. In a rental agreement, oral or written, you may not agree to give up your rights under Mississippi's rental law. Your landlord may not either, except as the law allows.

   Mississippi Attorney General (Miss. Code 89-8, as amended through 2018) Miss. Code § 89-8-5

   ✓ Sources checked October 3, 2026

4. Your landlord may take only amounts reasonably necessary out of your deposit, and must claim them by written notice to you. The allowed costs are unpaid rent and cleaning when your rental ends. Repairs for damage you caused are allowed, but not normal wear and tear (normal use over time). Other reasonable and necessary costs that result from your default (not meeting your lease duties) count too. The deposit must have been made for one or more of those purposes.

   Mississippi Attorney General (Miss. Code 89-8, as amended through 2018) Miss. Code § 89-8-21(3)

   ✓ Sources checked October 3, 2026

5. Your landlord may take money for repairing damage you caused. That does not include normal wear and tear (normal use over time).

   Mississippi Attorney General (Miss. Code 89-8, as amended through 2018) Miss. Code § 89-8-21(3)

   ✓ Sources checked October 3, 2026

6. To keep any part of your deposit, your landlord must send you a written notice that lists each amount claimed.

   Mississippi Attorney General (Miss. Code 89-8, as amended through 2018) Miss. Code § 89-8-21(3)

   ✓ Sources checked October 3, 2026

7. When you move out, take dated photos of the home and keep your lease and any move-out papers.

   RenterLaw editorial

8. Ask your landlord for your deposit back in writing. Keep a copy and the date you sent it.

   RenterLaw editorial

9. Your landlord must return the rest of your deposit (what is left after allowed costs). The deadline is 45 days after your rental ends, you give back the home, and you ask for the deposit.

   Mississippi Attorney General (Miss. Code 89-8, as amended through 2018) Miss. Code § 89-8-21(3)

   ✓ Sources checked October 3, 2026

10. If a rental agreement ends, your landlord must return all prepaid and unearned rent (rent paid for time after the rental ends). The landlord must also return the security (deposit) you can recover under Section 89-8-21.

    Mississippi Legislature, 2022 Senate Bill 2461 as sent to the Governor Miss. Code § 89-8-13(4)

    ✓ Sources checked October 3, 2026

11. In Mississippi's rental law, good faith means honesty in fact in the deal. It also means following reasonable community standards of fair dealing.

    Mississippi Legislature, 2022 Senate Bill 2461 as sent to the Governor Miss. Code § 89-8-7(1)(d)

    ✓ Sources checked October 3, 2026

12. Your landlord may have to pay you up to $200. This applies if the landlord keeps part of your deposit against the deposit law and without good faith. The landlord may also have to cover your actual losses. You get this money only if you win your case and your landlord pays.

    RenterLaw editorial Mississippi Attorney General (Miss. Code 89-8, as amended through 2018) Miss. Code § 89-8-21(4)

    ✓ Sources checked October 3, 2026

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