How long does a landlord in Mississippi have to return a security deposit?
45 calendar days
The statute says any remaining portion of the deposit 'shall be returned to the tenant no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant'. On the face of the text three things must happen before the forty-five days run — the tenancy ends, possession is delivered, and the tenant demands the money — so a tenant who never demands the deposit has, on a literal reading, never started the clock. The statute does not say the demand must be in writing and does not prescribe any form for it.
In plain terms, the statute says
Retention of a deposit or any part of it in violation of this section and with absence of good faith may subject the landlord or a transferee to damages not to exceed two hundred dollars in addition to any actual damages, so the penalty does require a finding that good faith was absent rather than being strict. The statute sets no multiple of the amount wrongfully withheld and provides no attorney's fees.
Who this covers
The Residential Landlord and Tenant Act governs rental agreements entered into after July 1, 1991 for a dwelling unit located in Mississippi. Miss. Code Ann. § 89-8-3(2) puts six arrangements outside the chapter: residence at a public or private institution if incidental to detention or to medical, geriatric, educational, counseling, religious or similar service; occupancy under a contract of sale by the purchaser or a successor to the purchaser's interest; occupancy by a member of a fraternal or social organization in the portion of a structure operated for the organization's benefit; transient occupancy in a hotel, motel or lodgings; occupancy by an owner of a condominium unit or the holder of a proprietary lease in a cooperative; and occupancy where the premises are used primarily for agricultural purposes, or where the occupant performs agricultural labor for the owner and the premises are rented for less than fair rental value. There is no exclusion by building size or owner occupancy, and under § 89-8-5 the parties may not contract out of the chapter's rights and remedies.
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Questions people ask
How long does a landlord in Mississippi have to return a security deposit?
Mississippi: 45 calendar days. The statute says any remaining portion of the deposit 'shall be returned to the tenant no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant'. On the face of the text three things must happen before the forty-five days run — the tenancy ends, possession is delivered, and the tenant demands the money — so a tenant who never demands the deposit has, on a literal reading, never started the clock. The statute does not say the demand must be in writing and does not prescribe any form for it.
Who does Mississippi's security-deposit law cover?
The Residential Landlord and Tenant Act governs rental agreements entered into after July 1, 1991 for a dwelling unit located in Mississippi. Miss. Code Ann. § 89-8-3(2) puts six arrangements outside the chapter: residence at a public or private institution if incidental to detention or to medical, geriatric, educational, counseling, religious or similar service; occupancy under a contract of sale by the purchaser or a successor to the purchaser's interest; occupancy by a member of a fraternal or social organization in the portion of a structure operated for the organization's benefit; transient occupancy in a hotel, motel or lodgings; occupancy by an owner of a condominium unit or the holder of a proprietary lease in a cooperative; and occupancy where the premises are used primarily for agricultural purposes, or where the occupant performs agricultural labor for the owner and the premises are rented for less than fair rental value. There is no exclusion by building size or owner occupancy, and under § 89-8-5 the parties may not contract out of the chapter's rights and remedies.
What happens if a landlord in Mississippi is late?
Retention of a deposit or any part of it in violation of this section and with absence of good faith may subject the landlord or a transferee to damages not to exceed two hundred dollars in addition to any actual damages, so the penalty does require a finding that good faith was absent rather than being strict. The statute sets no multiple of the amount wrongfully withheld and provides no attorney's fees.
Where can I read Mississippi's security-deposit law?
Mississippi's rule is in Miss. Code Ann. § 89-8-21. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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