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Mississippi Security Deposit Law: Deadlines & Penalties
Mississippi gives landlords 45 days to return a security deposit. The period runs from the end of the tenancy, the tenant's return of possession and the tenant's demand for the deposit, which is one reason a written demand like this letter matters. The landlord may apply the deposit to unpaid rent and to damages caused by the tenant's failure to meet the lease or the law, but not to normal wear and tear.
If the landlord keeps any part of the deposit, they must give the tenant a written, itemized list of the deductions along with any balance owed. Mississippi law does not cap how large a deposit can be, and it doesn't require landlords to pay interest on it. Giving a forwarding address in writing helps make sure the refund and any itemized list reach you.
A landlord who keeps a deposit in bad faith, in violation of the statute, can be ordered to pay up to $200 in damages on top of any actual damages. The penalty is modest compared with some states, so clear records matter: photos from move-in and move-out, the lease, and proof that you sent this demand.
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Mississippi: common questions
How long does a Mississippi landlord have to return a deposit?
45 days. The period is measured from the end of the tenancy, the return of possession and your demand for the deposit. Sending a written demand, like this letter, and keeping proof of mailing helps establish when the 45 days began.
Can a Mississippi landlord deduct for normal wear and tear?
No. Deductions are generally limited to unpaid rent and damage caused by the tenant's failure to follow the lease or the law. Ordinary wear from everyday living isn't a valid deduction, and any amount kept must be listed in writing.
What can I recover if my Mississippi landlord keeps my deposit in bad faith?
A court can order the deposit returned and add up to $200 in damages on top of your actual damages when the landlord acted in bad faith. Good records, such as photos and copies of your letters, are the best way to show what happened.
What is the small claims limit in Mississippi?
Justice courts in Mississippi hear civil claims of up to $3,500, which covers many deposit disputes. If your claim is larger, you would need to file in county or circuit court instead, where procedures are more formal.
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