If you only remember one point about getting a security deposit back in Mississippi, remember this: The cap is No statewide cap. The return deadline is 45 days after termination of the tenancy, with an itemized list of deductions. Interest: No statewide interest requirement. Procedure, examples, and the opinions below hang off Miss. Code Ann. § 89-8-21. Wrongful withholding can support recovery of the deposit plus damages of up to $200 under the Residential Landlord and Tenant Act in some postures.
Interest and accounting
No statewide interest requirement.
Walking through Mississippi facts
Use this walkthrough to see which Mississippi authority does the work at each step.
A residential tenant moves out of a Mississippi rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: No statewide cap.
- Calendar the return deadline: 45 days after termination of the tenancy, with an itemized list of deductions
- Interest, if any: No statewide interest requirement.
- If the landlord keeps money without the required accounting: Wrongful withholding can support recovery of the deposit plus damages of up to $200 under the Residential Landlord and Tenant Act in some postures.
Mississippi does not cap residential deposits statewide. Landlords must return deposits with itemization within 45 days under § 89-8-21. Put demands in writing. Justice court handles many disputes.
Penalties for wrongful withholding
Wrongful withholding can support recovery of the deposit plus damages of up to $200 under the Residential Landlord and Tenant Act in some postures.
Practical process for tenants and landlords
Mississippi does not cap residential deposits statewide. Landlords must return deposits with itemization within 45 days under § 89-8-21. Put demands in writing. Justice court handles many disputes.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
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Case law: security deposits in Mississippi
In the MATTER OF the ESTATE OF Dorothy JOHNSON, Deceased, Sheila West and Jennifer Patzius, Co-Executrices: Sheila
…brother's, niece's, and nephew's names from certificates of deposit (CDs) originally created by Dorothy Johnson, and replaced them with her own name and the names of her two daughters. Sheila's brother, Ron Johnson, petitioned the chancery court to set aside these amendments as an improper transfer of an inter vivos gift. Following a trial on the matter, the chancellor found th…
Practitioners open In the MATTER OF the ESTATE OF Dorothy JOHNSON, Deceased, Sheila West and Jennifer Patzius, Co-Executrices: Sheila when Mississippi security deposits turns on the distinction in this sentence: "CDs) originally created by Dorothy Johnson, and replaced them with her own name and the names of her two daughters. Sheila's brother, Ron Johnson, petitioned the chancery court to set aside these amendments as an improper transfer of an inter vivos gift." Do not lift it out of the facts the court was deciding.
Sweatt v. Murphy
Sweatt v. Murphy, 733 So. 2d 207 (1999)
…, that they were moving out and requested the return of the security deposit. The Murphys refused to return the deposit. ¶ 2. Sweatt filed a complaint in circuit court, alleging that the Murphys had failed to comply with the provisions of the Residential Landlord and Tenant Act ("RLTA"), Miss.Code Ann. § 89-8-1, et seq. (1972), specifically the RLTA's mandate to landlords/owner…
Sweatt v. Murphy is worth reading on Mississippi security deposits because the court put the point in its own words: "The Murphys refused to return the deposit. ¶ 2. Sweatt filed a complaint in circuit court, alleging that the Murphys had failed to comply with the provisions of the Residential Landlord and Tenant Act ('RLTA'), Miss.Code Ann. § 89-8-1, et seq." Use that passage as the starting point, then read the facts that precede it.
Vice v. Leigh
Vice v. Leigh, 670 So. 2d 6 (1995)
…294, 297-98 (1921) (holding that lessor's failure to demand security deposit as required by lease prevented lessor from relying upon those grounds in denying renewal); 49 Am.Jur.2d Landlord and Tenant § 188 (1995) (stating that waived breach cannot be basis for denying renewal). We conclude that the latter line of cases state the better rule. While Vice was obligated to secure…
Vice v. Leigh is worth reading on Mississippi security deposits because the court put the point in its own words: "Am.Jur.2d Landlord and Tenant § 188 (1995) (stating that waived breach cannot be basis for denying renewal). We conclude that the latter line of cases state the better rule." Use that passage as the starting point, then read the facts that precede it.
Thomas v. Scarborough
Thomas v. Scarborough, 977 So. 2d 393 (2007)
…erty during the term of the lease, and pay a $1,750 initial security deposit. At the conclusion of the lease term, the contract provided the Scarboroughs with an option to purchase the subject property for $54,815.18. The purchase price was computed as follows: Agreed Purchase Price: $224,900.00 Prior Equity Credit $ 1,628.53 Current Equity Credit $530,000.00 Current Loan Balan…
Thomas v. Scarborough is worth reading on Mississippi security deposits because the court put the point in its own words: "At the conclusion of the lease term, the contract provided the Scarboroughs with an option to purchase the subject property for $54,815.18. The purchase price was computed as follows: Agreed Purchase Price: $224,900.00 Prior Equity Credit $ 1,628.53 Current Equity Credit $530,000." Use that passage as the starting point, then read the facts that precede it.
110 SOUTH STREET, LLC, Appellant/Cross-Appellee v. ATRIUM GENTLEMANS CLUB, INC., Appellee/Cross-Appellant
…oved from the building. 110 South Street also requested its security deposit for damages, and all of its damages for rent for April, May, June, July, August, and September, in addition to a lien on certain personal property. ¶ 8. However, at the hearing, 110 South Street testified that although Atrium was scheduled to take possession of the property on April 1, 2014, 110 South…
Mississippi opinions such as 110 SOUTH STREET, LLC, Appellant/Cross-Appellee v. ATRIUM GENTLEMANS CLUB, INC., Appellee/Cross-Appellant are cited where security deposits is disputed. The court stated: "South Street also requested its security deposit for damages, and all of its damages for rent for April, May, June, July, August, and September, in addition to a lien on certain personal property. ¶ 8." That is the language to brief; the rest of the decision supplies the procedural posture.
Floyd MARSHALL, Appellant v. Carolyn LINDSLY, Appellee
Floyd MARSHALL, Appellant v. Carolyn LINDSLY, Appellee, 2009 Miss. App. LEXIS 198 (2009)
…s first quarterly lease payment, earnest money deposit, and security deposit; therefore, the amount Marshall had to pay was reduced from $127,391.93 to $119,266.93. Because Lindsly agreed to finance $100,000 of the purchase transaction, Mar *1178 shall was instructed to pay $19,266.93 at the closing. ¶ 10. The chancellor warned Marshall that if he did not bring the money to the…
Mississippi opinions such as Floyd MARSHALL, Appellant v. Carolyn LINDSLY, Appellee are cited where security deposits is disputed. The court stated: "Marshall had to pay was reduced from $127,391.93 to $119,266.93. Because Lindsly agreed to finance $100,000 of the purchase transaction, Mar *1178 shall was instructed to pay $19,266.93 at the closing. ¶ 10." That is the language to brief; the rest of the decision supplies the procedural posture.
Steven Leslie Sweatt v. Paul Murphy
Steven Leslie Sweatt v. Paul Murphy (1997)
…, that they were moving out and requested the return of the security deposit. The Murphys refused to return the deposit. ¶2. Sweatt filed a complaint in circuit court, alleging that the Murphys had failed to comply with the provisions of the Residential Landlord and Tenant Act ("RLTA"), Miss. Code Ann. § 89-8-1, et seq. (1972), specifically the RLTA's mandate to landlords/owner…
Steven Leslie Sweatt v. Paul Murphy is worth reading on Mississippi security deposits because the court put the point in its own words: "The Murphys refused to return the deposit. ¶2. Sweatt filed a complaint in circuit court, alleging that the Murphys had failed to comply with the provisions of the Residential Landlord and Tenant Act ('RLTA'), Miss. Code Ann. § 89-8-1, et seq." Use that passage as the starting point, then read the facts that precede it.
Key takeaways
- Maximum deposit: No statewide cap
- Return deadline: 45 days after termination of the tenancy, with an itemized list of deductions
- Interest: No statewide interest requirement.
- Penalties: Wrongful withholding can support recovery of the deposit plus damages of up to $200 under the Residential Landlord and Tenant Act in some postures.
- Primary authority: Miss. Code Ann. § 89-8-21.
Deposit limits in Mississippi
No statewide cap
When the deposit must be returned
45 days after termination of the tenancy, with an itemized list of deductions
Frequently asked questions
How much can a landlord charge for a security deposit in Mississippi?
No statewide cap
How long does a landlord have to return my deposit?
45 days after termination of the tenancy, with an itemized list of deductions
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support recovery of the deposit plus damages of up to $200 under the Residential Landlord and Tenant Act in some postures.
This guide covers Mississippi residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.