Mississippi Security Deposit Limits

How much can a landlord charge for a security deposit in Mississippi? Learn the legal maximums, what happens if landlord overcharges, and your rights under Miss. Code §89-8-21.

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Security Deposit Limits in Mississippi

Mississippi law under Miss. Code §89-8-21 governs the maximum security deposit a landlord can charge. Most states cap deposits at one to two months' rent, though some have no statutory cap. Regardless of the cap, if your landlord charged more than the legal maximum, you are entitled to recover the excess amount. This is an independent violation from any deposit return dispute you may have.

Overcharged? You Can Recover the Excess

If your landlord charged more than the legal maximum, you are entitled to recover the excess amount. This is an independent violation from the deposit return rules.

Steps to Take if You Were Overcharged in Mississippi

  1. 1

    Check your lease: what deposit amount was charged?

  2. 2

    Look up the legal cap in your state (typically 1–2 months' rent)

  3. 3

    If overcharged, send a demand letter for the excess

  4. 4

    Include this claim along with any deposit return dispute

  5. 5

    Small claims court handles these cases — no attorney needed

Legal Reference

Wear & Tear Protected
Primary StatuteMiss. Code §89-8-21
Small Claims Limit$3,500
Statute of Limitations3 years

Questions

Common questions answered.

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 law under Miss. Code §89-8-21 governs how much a landlord can charge for a security deposit. Most states cap deposits at one to two months' rent. If your landlord charged more than the legal maximum, you may be entitled to recover the excess amount independent of any deposit return dispute.

If your landlord collected a deposit in excess of the legal limit in Mississippi, you can send a demand letter requesting the excess back. You can also include this claim in a small claims case (up to $3,500). This violation is separate from any issue with returning the deposit at move-out.

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