Overview
Mississippi's Residential Landlord and Tenant Act (Miss. Code § 89-8-1 et seq.) governs security deposit practices in the state. Mississippi does not set a maximum deposit amount, giving landlords flexibility in determining how much to charge. However, the state requires landlords to follow specific procedures for holding and returning deposits.
This guide covers everything landlords and tenants need to know about security deposits in Mississippi.
Deposit Limits
Mississippi law does not set a maximum security deposit amount:
- No statutory limit: Landlords may charge any amount they deem appropriate as a security deposit
- Market norms: In practice, most landlords charge between one and two months' rent
- Pet deposits: Additional deposits for pets are permitted and are not subject to any statutory cap
While there is no limit, landlords should be mindful that excessively high deposits may deter potential tenants.
Allowable Deductions
Landlords may only deduct from the security deposit for the following reasons:
- Unpaid rent: Any rent owed at the time of move-out
- Damage beyond normal wear and tear: Repairs for tenant-caused damage exceeding ordinary use
- Cleaning: Costs to return the unit to the condition at move-in, minus normal wear
- Breach of lease: Costs arising from the tenant's failure to comply with lease terms
What Constitutes Normal Wear and Tear?
Normal wear and tear includes:
- Minor scuffs on walls
- Small nail holes from hanging pictures
- Worn carpet from regular use
- Faded paint due to sunlight
Damage beyond normal wear and tear includes:
- Large holes in walls
- Stained or burned carpet
- Broken windows or fixtures
- Pet damage to flooring or doors
Return Timeline
Landlords must return the security deposit within 45 days of the tenant vacating the unit. This is one of the longest return periods in the country. The return must include:
- The remaining deposit amount (if any deductions were made)
- An itemized written statement listing each deduction and the amount
Escrow Requirements
Mississippi law requires landlords to hold security deposits in a separate escrow account at a Mississippi financial institution. Commingling the deposit with personal funds is prohibited.
Failure to Comply
If the landlord fails to return the deposit or provide the required documentation within 45 days, the tenant may take legal action to recover the deposit.
Pre-Move-Out Inspection
Mississippi does not have a statutory requirement for pre-move-out inspections. However, tenants are encouraged to:
- Take photos or video of the unit at both move-in and move-out
- Request a walk-through with the landlord before surrendering the keys
- Document any existing damage at the start of the tenancy in writing
A thorough record of the property's condition can help prevent disputes over deductions.
Dispute Resolution
If a tenant believes their deposit was wrongfully withheld, they can:
- Send a demand letter to the landlord requesting the return of the deposit
- File a claim in Justice Court (Mississippi's small claims court, up to $3,500)
- File a complaint with the Mississippi Attorney General's Consumer Protection Division
Tenants should retain copies of their lease, move-in and move-out documentation, photographs, and any correspondence with the landlord to support their claim.