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.
Key Things to Know
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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.
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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)).
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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)).
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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)).
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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)).
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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)).
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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
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.
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.
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.
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)).
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.
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 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.
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.
Frequently Asked Questions
It is a written demand a Mississippi tenant sends a former landlord to recover a security deposit the landlord did not return. In Mississippi the demand does more than ask: your demand is one of the three events, along with termination of the tenancy and delivery of possession, that start the 45-day return clock under Miss. Code Ann. Section 89-8-21(3). The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date before you file in Justice Court.
A Mississippi security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay. Mississippi has no separate small claims court, so a money claim within the limit is filed in Justice Court, where the ceiling is $3,500 (Miss. Code Ann. Section 9-11-9). The demand also matters legally, because your written demand starts the 45-day return deadline under Section 89-8-21(3); if the demand is ignored, it becomes evidence that you tried to settle first.
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)). All three events must occur, so the clock does not run until you have moved out and made a demand. If 45 days pass after your demand with no deposit and no proper itemized notice, a demand letter followed by a Justice Court claim is the usual path.
If a Mississippi landlord retains the deposit in violation of the statute 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, not a multiple of the deposit, and it requires bad faith rather than an honest mistake. Citing this penalty in your demand letter signals that a wrongful withholding can cost the landlord more than the deposit itself.
A Mississippi landlord may deduct only amounts reasonably necessary to cover unpaid rent, to repair damage to the premises caused by the tenant exclusive of ordinary wear and tear, to clean the premises 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)). The landlord may not keep any part of the deposit for ordinary wear and tear, and deductions outside these categories can be disputed in your demand letter.
Yes. Under Miss. Code Ann. Section 89-8-21(3), a Mississippi landlord who claims all or any portion of the deposit must do so by a written notice that itemizes the amounts claimed. The statute does not set a dollar threshold for attaching receipts, but the written notice must break down what is being kept and why. A landlord who keeps the deposit without a proper itemized notice can be challenged in your demand letter.
Mississippi has no separate small claims court, so a money claim is filed in Justice Court, where the jurisdictional limit is $3,500 (Miss. Code Ann. Section 9-11-9). A deposit claim can include the withheld deposit plus, where the landlord acted in bad faith, up to $200 in additional damages under Section 89-8-21(4). Sending your demand letter first, which also starts the 45-day deadline, and filing promptly is the practical approach.
A Mississippi demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and make a clear demand for return, since your demand starts the 45-day clock under Miss. Code Ann. Section 89-8-21(3). It should dispute any improper deductions, state the exact amount owed, and demand payment by a specific date. Noting the up-to-$200 bad-faith penalty under Section 89-8-21(4) reinforces the demand.