45 days after move-out | Recovery of deposit + court costs | Miss. Code §89-8-21
Law verified March 1, 2026
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Check My DepositMississippi security deposit law is governed by Miss. Code §89-8-21, which sets out the rights and obligations of both landlords and tenants. Under this statute, your landlord has 45 days after you move out to either return your full security deposit or provide a written itemized statement of any deductions - along with the remaining balance.
While Mississippi does not impose a penalty multiplier, a landlord who misses the 45-day deadline loses the legal basis to justify any deductions. You can recover the full deposit through Mississippi small claims court - which handles disputes up to $3,500 - without needing an attorney.
Mississippi also requires landlords to provide a written, itemized breakdown of all deductions within the deadline window. A vague entry like “repairs” or “damages” without specific descriptions and dollar amounts is generally insufficient under Miss. Code §89-8-21. If no proper itemization was provided on time, the deductions may be invalid regardless of their underlying merit.
Critically, Miss. Code §89-8-21 explicitly prohibits landlords from charging for normal wear and tear - the gradual deterioration that results from ordinary, reasonable use of the property. This includes routine repainting, carpet wear from foot traffic, minor wall scuffs, and similar everyday wear. Charges for these items are not legally permitted in Mississippi.
The sections below explain each aspect of Mississippi deposit law in detail. If you have already received a deduction or no deposit return, our free analysis tool evaluates your specific situation against Miss. Code §89-8-21, estimates the maximum modeled recovery, and generates a personalized demand letter.
Deadline
Under Miss. Code §89-8-21, your Mississippi landlord has 45 days to return your security deposit from the date you move out. This deadline applies regardless of whether your landlord believes deductions are owed. If they want to make deductions, they must still respond within this window with an itemized written statement.
The 45-day clock starts on your move-out date.
Penalty
Mississippi does not impose a statutory penalty multiplier on top of the deposit amount, but you are still entitled to recover the full amount wrongfully withheld. You can sue your landlord in small claims court (up to $3,500 in Mississippi) to recover your deposit plus court filing costs. Many landlords comply once they receive a formal demand letter.
Miss the 45-day deadline and your landlord loses the legal basis to justify any deduction. File in Mississippi small claims court (up to $3,500). A formal demand letter citing Miss. Code §89-8-21 resolves most cases before it gets there.
Miss. Code §89-8-21
Itemization
Mississippi law requires your landlord to provide an itemized written statement of any deductions within the same 45-day window. The statement must list each specific deduction with a corresponding dollar amount. A vague statement like "cleaning and repairs: $400" is generally insufficient; line items are required.
Legal Reference
Wear & Tear ProtectedQuestions
Your Mississippi landlord has 45 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by Miss. Code §89-8-21.
If your landlord misses the 45-day deadline, you can sue in Mississippi small claims court (up to $3,500) to recover your full deposit plus court costs. While Mississippi doesn't impose a penalty multiplier, the threat of court often motivates compliance.
No. Mississippi law under Miss. Code §89-8-21 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
Mississippi small claims court handles disputes up to $3,500. Most security deposit cases fall well within this limit. No attorney is required, and filing fees are typically $30–$75. Cases are usually heard within 4–8 weeks of filing.
The statute of limitations for security deposit claims in Mississippi is 3 years from the date of the violation. Don't wait. Gather documentation and act promptly. After the statute of limitations expires, you lose your legal right to recover the deposit.
Mississippi landlords must provide a written, itemized statement listing each deduction with a specific dollar amount. Vague descriptions like "repairs: $500" are generally insufficient; the statement should identify what was repaired and why. This itemization must be provided within 45 days.
| State | Deadline | Penalty | Small Claims |
|---|---|---|---|
MississippiYou | 45 days | Civil | $3,500 |
| 15 days | Forfeiture | $8,000 | |
| 30 days | 3× | $15,000 | |
| 60 days | Civil | $6,000 | |
| 21 days | 3× | $12,500 | |
| 30 days | 3× | $20,000 |
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