Miss. Code § 89-8-21: Mississippi security deposit rules in plain English
What Miss. Code § 89-8-21 says about Mississippi security deposits: the cap, the deadline to return the deposit, itemized deductions and interest. Every fact below comes from our statute-checked data. Last verified 2026-10-22.
Quick answer
- Return deadline
- 45 days
- The 45 days start only after the tenancy has ended, you have handed back possession, and you have asked the landlord for the deposit. Ask in writing so you can prove the date.
- If the landlord keeps any part, they must give you written notice itemizing the amounts. Keeping the deposit in bad faith can add up to $200 in damages on top of your actual damages.
- Maximum deposit
- No statutory cap on the amount of a security deposit found in the Act (89-8-1 to 89-8-45 read in full). The deposit rule covers any payment or deposit of money whose primary function is to secure performance of the rental agreement, other than a payment or deposit (including advance rent) made to secure execution of the rental agreement (89-8-21(1)). The landlord may keep only amounts reasonably necessary to remedy the tenant's defaults in rent, repair damage caused by the tenant (excluding ordinary wear and tear), clean the premises at the end of the tenancy, or cover other reasonable and necessary expenses caused by the tenant's default (89-8-21(3)).
- Itemized list
- Yes, an itemized list of deductions is required
- Interest
- No interest or separate-account requirement found in 89-8-21; the statute only says the deposit is held by the landlord for the tenant and the tenant's claim is prior to the claims of the landlord's creditors (89-8-21(2)).
What Miss. Code § 89-8-21 says, as we verified it
Deposit limit
No statutory cap on the amount of a security deposit found in the Act (89-8-1 to 89-8-45 read in full). The deposit rule covers any payment or deposit of money whose primary function is to secure performance of the rental agreement, other than a payment or deposit (including advance rent) made to secure execution of the rental agreement (89-8-21(1)). The landlord may keep only amounts reasonably necessary to remedy the tenant's defaults in rent, repair damage caused by the tenant (excluding ordinary wear and tear), clean the premises at the end of the tenancy, or cover other reasonable and necessary expenses caused by the tenant's default (89-8-21(3)).
Interest
No interest or separate-account requirement found in 89-8-21; the statute only says the deposit is held by the landlord for the tenant and the tenant's claim is prior to the claims of the landlord's creditors (89-8-21(2)).
Full citation: 89-8-21(1)-(4) Read the official text
Mississippi deposit deadline calculatorAll Mississippi tenant law rulesDeposit return deadline by stateDeposit statutes for every state
FAQ: Miss. Code § 89-8-21
How long does a landlord have to return a deposit under Miss. Code § 89-8-21?
Under Miss. Code § 89-8-21, a Mississippi landlord has 45 days to return the security deposit or send an itemized list of deductions. The 45 days start only after the tenancy has ended, you have handed back possession, and you have asked the landlord for the deposit. Ask in writing so you can prove the date. If the landlord keeps any part, they must give you written notice itemizing the amounts. Keeping the deposit in bad faith can add up to $200 in damages on top of your actual damages.
Is there a limit on the security deposit in Mississippi?
No statutory cap on the amount of a security deposit found in the Act (89-8-1 to 89-8-45 read in full). The deposit rule covers any payment or deposit of money whose primary function is to secure performance of the rental agreement, other than a payment or deposit (including advance rent) made to secure execution of the rental agreement (89-8-21(1)). The landlord may keep only amounts reasonably necessary to remedy the tenant's defaults in rent, repair damage caused by the tenant (excluding ordinary wear and tear), clean the premises at the end of the tenancy, or cover other reasonable and necessary expenses caused by the tenant's default (89-8-21(3)).
Does Mississippi require an itemized list of deductions?
Yes, an itemized list of deductions is required. Citation: 89-8-21(1)-(4).
Does the landlord have to pay interest on the deposit in Mississippi?
No interest or separate-account requirement found in 89-8-21; the statute only says the deposit is held by the landlord for the tenant and the tenant's claim is prior to the claims of the landlord's creditors (89-8-21(2)).
Check your lease against Mississippi law
Scan it free and see which clauses break these rules.
Scan my Mississippi leaseGeneral information only, not legal advice. Last verified 2026-10-22. Laws change; verify with the linked source or a licensed attorney.