Mississippi Security Deposit Demand Letter
In Mississippi a landlord must return your security deposit within 45 days after the tenancy ends, you deliver possession, and you demand it. Bad-faith retention can add up to $200. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Mississippi tenant sends a former landlord to recover a security deposit that has not been returned. In Mississippi your written demand is part of the deadline itself: the landlord must return any remaining deposit no later than 45 days after the termination of the tenancy, the delivery of possession, and demand by the tenant (Miss. Code Ann. Section 89-8-21(3)). A landlord who keeps any part of the deposit must do so by a written notice that itemizes the amounts claimed, and may deduct only amounts reasonably necessary for unpaid rent, for repair of damage caused by the tenant exclusive of ordinary wear and tear, for cleaning at the end of the tenancy, or for other reasonable expenses caused by the tenant's default (Section 89-8-21(3)). If a landlord retains the deposit in violation of the section and with an absence of good faith, the tenant may recover damages of up to $200 in addition to any actual damages (Section 89-8-21(4)). If the demand is ignored, a Mississippi tenant can sue in Justice Court, where the limit is $3,500 (Miss. Code Ann. Section 9-11-9). DocDraft builds your Mississippi security deposit demand letter from your facts, with attorney review available before you send it.
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Key Things to Know
- 1
A security deposit demand letter is a written demand a Mississippi tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to Justice Court.
- 2
The landlord must return any remaining deposit no later than 45 days after the termination of the tenancy, the delivery of possession, and demand by the tenant (Miss. Code Ann. Section 89-8-21(3)).
- 3
A written demand by the tenant is one of the three events that start the 45-day clock, so sending your demand letter is what triggers the deadline (Miss. Code Ann. Section 89-8-21(3)).
- 4
A landlord who claims any part of the deposit must do so by a written notice that itemizes the amounts claimed (Miss. Code Ann. Section 89-8-21(3)).
- 5
A landlord may deduct only amounts reasonably necessary for unpaid rent, for repair of tenant-caused damage exclusive of ordinary wear and tear, for cleaning at the end of the tenancy, or for other reasonable expenses from the tenant's default (Miss. Code Ann. Section 89-8-21(3)).
- 6
If a landlord retains the deposit in violation of the section and with an absence of good faith, the tenant may recover damages of up to $200 in addition to any actual damages (Miss. Code Ann. Section 89-8-21(4)).
- 7
If the demand is ignored, a Mississippi tenant can sue in Justice Court, where the limit is $3,500 (Miss. Code Ann. Section 9-11-9).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Mississippi Requirements for Security Deposit Demand Letter
45-Day Return Deadline
In Mississippi the landlord must return any remaining deposit no later than 45 days after the termination of the tenancy, the delivery of possession, and demand by the tenant (Miss. Code Ann. Section 89-8-21(3)). Your demand letter should state that this deadline has passed.
Your Written Demand Starts the Clock
A written demand by the tenant is one of the three events, along with termination of the tenancy and delivery of possession, that start the 45-day return clock (Miss. Code Ann. Section 89-8-21(3)). Sending a dated demand letter and keeping proof fixes when the clock began.
Written Itemized Notice of Amounts Claimed
A Mississippi landlord who claims all or any portion of the deposit must do so by a written notice that itemizes the amounts claimed (Miss. Code Ann. Section 89-8-21(3)). A landlord who keeps the deposit without a proper itemized notice can be challenged.
Permitted Deductions
A landlord may deduct only amounts reasonably necessary for unpaid rent, for repair of tenant-caused damage exclusive of ordinary wear and tear, for cleaning at the end of the tenancy, or for other reasonable and necessary expenses caused by the tenant's default (Miss. Code Ann. Section 89-8-21(3)).
No Deduction for Ordinary Wear and Tear
Repair deductions are permitted only for damage caused by the tenant exclusive of ordinary wear and tear (Miss. Code Ann. Section 89-8-21(3)). Charges for normal use, such as worn carpet or faded paint, are not a permitted basis to keep the deposit and can be disputed.
Up to $200 Bad-Faith Penalty Plus Actual Damages
If a landlord retains the deposit in violation of the section and with an absence of good faith, the tenant may recover damages of up to $200 in addition to any actual damages (Miss. Code Ann. Section 89-8-21(4)). This is a flat cap requiring bad faith, not a multiple of the deposit.
Send With Proof of Delivery and a Forwarding Address
Send the demand to the landlord's address using a trackable method such as certified mail with return receipt, and provide your forwarding address. Because your demand starts the 45-day clock, keep a copy of the letter and the delivery record for a later Justice Court filing.
Justice Court Limit
Mississippi has no separate small claims court; a money claim within the limit is filed in Justice Court, where the ceiling is $3,500 (Miss. Code Ann. Section 9-11-9). Filing promptly after the demand deadline passes is the practical course.