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Mississippi · C2 Jurisdictional facts · 4 min read

Mississippi Security Deposit Laws: Maximum Cap, Return Timeline, and Itemized Deductions

Direct statutory answer

Landlords in Mississippi must adhere to specific rules regarding the maximum allowable security deposit, return timeline, and permissible deductions.

MISSISSIPPI STATUTORY RECORDSecurity Deposit Statute Mississippi Security Deposit Laws: MaximumCap, Return Timeline, and Itemized ESCROW TRUST ACCOUNTDedicated Escrow Account• No commingling with operating funds• Bank name & address notice to tenant• Interest-bearing escrow where mandatedINITIAL DEPOSIT: $2,400.00DEDUCTION: REPAIRS -$350.00REFUND AMOUNT: $2,050.00Itemized Accounting Rules• Written line-item repair invoices• Zero deduction for normal wear & tear• Copies of contractor receipts attached30DAYS POST-VACATEStrict Accounting Window• Statement & refund postmark deadline• Delivery to tenant forwarding address• Statutory penalty for bad-faith delay

Mississippi Security Deposit Laws: Maximum Cap, Return Timeline, and Itemized Deductions

Landlords in Mississippi must adhere to specific rules regarding the maximum allowable security deposit, return timeline, and permissible deductions. This guide outlines these requirements based on Mississippi law.

Permitting, Zoning, or Statutory Basis

Mississippi’s security deposit laws are governed by the Mississippi Landlord and Tenant Act (Miss. Code Ann. § 81-1-1 et seq.). This act sets forth detailed requirements for landlords and tenants, including the handling of security deposits.

Lease Clauses, Notice Periods, and Timing Requirements

Maximum Security Deposit Cap

Under Mississippi law, the maximum allowable security deposit is limited to one month’s rent (Miss. Code Ann. § 81-1-3). This means that if the monthly rent is $1,200, the maximum security deposit a landlord can charge is $1,200.

Return Deadline

Landlords must return the security deposit to tenants within 30 days after the tenant moves out, provided there are no deductions (Miss. Code Ann. § 81-1-3). If deductions are necessary, the landlord must provide a written itemized list of all deductions within 30 days after the tenant moves out.

Deduction Rules

Landlords are permitted to deduct certain expenses from the security deposit, including:

  • Damages caused by the tenant beyond normal wear and tear
  • Rent owed for any period during which the property is uninhabitable
  • Costs of repairs or replacements necessary to restore the property to its original condition

Landlords must provide a written itemized list of all deductions within 30 days after the tenant moves out (Miss. Code Ann. § 81-1-3). The list must be sent to the tenant via certified mail or other reliable method of delivery.

Defensible Record-Keeping & Compliance Checklist

To ensure compliance with Mississippi’s security deposit laws, landlords should maintain the following records:

  • A written lease agreement that includes the terms regarding security deposits
  • Documentation of any deductions made from the security deposit, including itemized lists and supporting evidence
  • Receipts for all expenses incurred in making repairs or replacements to the property
  • A signed notice of eviction if applicable

By following these guidelines and maintaining proper record-keeping, landlords can avoid potential legal issues related to security deposits in Mississippi.

Additional Resources

For more information on managing properties in Mississippi, consider exploring the following resources:

By staying informed about Mississippi’s security deposit laws and adhering to the requirements outlined in this guide, landlords can ensure a smooth and compliant property management process.

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This guide states the statutory rule as of the date checked; it does not establish that a specific notice or deduction decision was correct, or that it will hold in court.

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