How do I recover a residential security deposit my Mississippi landlord is withholding?
Under Mississippi law, security deposits must be held for the tenant and cannot be kept except for specific, itemized reasons like unpaid rent or repairs beyond normal wear and tear. If a landlord keeps any portion of the deposit, the landlord must provide a written, itemized notice of the amounts claimed and return any remaining portion. If the landlord keeps the deposit in bad faith, statutory damages may apply.
A common timeline and remedy path involves requesting the itemized accounting and return, and if that fails, preparing a written demand and, if necessary, a claim in the appropriate court (often small claims) to recover the deposit and any allowable damages.
Current Mississippi law
Every answer cites the statute
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The deadline that matters
A landlord must return any remaining portion of the security deposit within 45 days after tenancy ends, delivery of possession, and demand by the tenant.
What Mississippi law says
The law says any payment made primarily to secure a rental agreement must be held by the landlord for the tenant and is prior to claims of the landlord’s creditors. A landlord may, by written notice delivered to the tenant, claim only amounts reasonably necessary to remedy tenant defaults, repair damages caused by the tenant exclusive of ordinary wear and tear, clean the premises upon termination, or other reasonable necessary expenses; that notice must itemize amounts claimed. Any remaining portion of the deposit must be returned no later than forty-five (45) days after termination, delivery of possession and demand by the tenant. Retention in violation of the statute and with absence of good faith may subject the landlord to damages not to exceed Two Hundred Dollars ($200.00) in addition to any actual damages, under Miss. Code Ann. § 89-8-21. The statute on remedies for material noncompliance by a party generally provides context for terminating a tenancy and returning prepaid rent and recoverable security, under Miss. Code Ann. § 89-8-13. If a landlord withholds possession or security in connection with writs of possession, a plaintiff may raise insufficiency of required security in circuit court as described in Miss. Code Ann. § 11-19-93.
What to do
A common first step is to ask the landlord in writing for an itemized accounting and return of any remaining deposit.
A common next step is to send a demand letter that summarizes the tenancy end date, the deposit amount, and requests return or an itemized deduction.
Many people next prepare a small-claims filing or other court claim if the landlord does not respond or returns an insufficient amount.
Some tenants gather and keep evidence: the lease, move-in/out photos, receipts for repairs or cleaning, and any communications with the landlord.
A possible additional step is to check whether statutes or local rules require particular notices or forms for filing a claim in court.
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Common questions
What can a landlord legally deduct from a security deposit?
A landlord may claim only amounts reasonably necessary to remedy tenant defaults in rent, repair tenant-caused damages beyond ordinary wear and tear, clean the premises upon termination, or pay other reasonable and necessary expenses tied to the tenant’s default, and must itemize those amounts.
What if the landlord does not provide an itemized list of deductions?
If the landlord withholds any portion of the deposit without the required written, itemized notice, the tenant’s claim to the deposit is protected by statute and the landlord’s retention may expose the landlord to statutory damages in addition to actual damages.
How soon should I act after my tenancy ends?
The single key timeline in the statute is that any remaining portion of the deposit must be returned within 45 days after the tenancy ends, possession is delivered, and the tenant makes a demand.
Can a landlord keep my deposit for normal wear and tear?
No, the statute excludes ordinary wear and tear from permitted deductions; deductions should be for repairs beyond ordinary wear and tear or other permitted expenses.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
