Mississippi Security Deposit Rules (2026): The 45-Day Deadline, Cleaning Charges and Your Written Demand
The 45-day rule, why your written demand starts the clock, what cleaning can be charged, and a move-out plan that protects your deposit.
- The 45 days start once the tenancy ends, you hand back possession and you ask for the deposit.
- The statute expressly allows deductions for cleaning at the end of a tenancy.
- There is no statutory cap on the deposit amount.
- Bad-faith retention can cost a landlord actual damages plus up to $200.
- Ask in writing and keep a copy.
Mississippi’s security deposit law is one short section, Miss. Code 89-8-21. It gives landlords 45 days to return a deposit, but the clock only starts once three things have happened: the tenancy has ended, you have handed back possession, and you have asked for the deposit. Many renters miss that last step. This guide explains the rules in plain English and shows how to leave a rental so cleaning costs you nothing.
Mississippi deposit rules at a glance
- Return deadline: 45 days after the tenancy ends, you deliver possession and you demand the deposit
- What must be sent: the deposit, or the balance with written notice itemizing what was kept
- Deposit cap: none set by the statute; the lease sets the amount
- Allowed deductions: unpaid rent, damage beyond ordinary wear and tear, cleaning at the end of the tenancy and other costs of a tenant default, as the deposit allows
- Penalty: a landlord who keeps a deposit in bad faith can owe your actual damages plus up to $200
This is general information, not legal advice. Laws change, so check the current statute or ask a lawyer about your situation.
Ask for your deposit in writing
Because the 45 days run from your demand, ask for the deposit in writing when you move out. A short letter or email is enough: the address of the rental, the date you returned the keys, your forwarding address and a request for the deposit or an itemized statement. Keep a copy. A written demand starts the clock and gives you evidence if there is a dispute later.
What can and cannot be deducted
Mississippi is one of the states where the statute expressly mentions cleaning. A landlord can use the deposit for cleaning at the end of the tenancy, as well as unpaid rent and damage beyond ordinary wear and tear. That makes a careful move-out clean especially worth doing.
| Usually deductible | Usually ordinary wear |
|---|---|
| A greasy oven or a fridge left with food in it | Faded paint and light scuffs |
| Mildew left to spread on grout, caulk and closet walls | Carpet worn along walking paths |
| Mud, sand or pet stains ground into carpet | A few small nail holes |
| Trash, furniture or belongings left behind | Minor wear on blinds and handles |
| Holes in walls, broken blinds, pet damage | Fixtures that aged with normal use |
Check your lease too. Some leases set out a cleaning standard or a fixed cleaning charge. A lease cannot override the statute, but it does tell you what your landlord will look for.
Humidity and the Mississippi move-out
In Mississippi’s humid climate, the cleaning charge most often comes down to mildew. It grows on grout, caulk, shower curtains, window sills, closet walls and AC vents, especially in a home left closed and warm once the furniture goes. Keep the air conditioning running until the walk-through, wipe and dry the shower, and leave closet and cabinet doors open. On the Gulf Coast, sand in tracks and carpets and a salt film on glass are the next most common issues; inland, it is mud at the entrances and pine pollen on porches and screens.
Start at move-in
The best time to protect a deposit is the week you move in. Walk through with the landlord if you can, list every stain, scratch, chip and broken item in writing, and send the list by email so it is dated. If the home was handed over dirty, say so and photograph it, including inside the oven and fridge. A landlord can charge for cleaning at the end of a tenancy, but a clear record of the condition you received makes it much harder to charge you for dirt that was already there.
Roommates, early move-outs and pets
When several people share a lease, the deposit is normally returned once, when the whole tenancy ends, and roommates settle shares between themselves. If you leave early, the landlord can usually apply the deposit to rent owed under the lease. If you have pets, expect the walk-through to focus on hair, odors, stained carpet and scratched doors and floors; a careful pet clean, with carpets cleaned where the service is available, is the best protection.
No cap: what that means for you
Mississippi does not limit how much a landlord can ask for as a deposit, so amounts vary a lot between rentals. A larger deposit makes it more important to document the home well. Read the lease to see whether there is also a pet deposit, a non-refundable fee or a cleaning fee, and ask in writing which part is refundable.
Reading an itemized statement
If the landlord keeps part of the deposit, the written notice should list each amount and what it is for. Check each line against your photos and the lease. A line that just says “cleaning” with a round number is worth questioning politely: ask which rooms, what was dirty and what it cost. Compare any carpet, paint or repair charge against ordinary wear and tear; a landlord can’t charge you to replace carpet that simply wore out with age.
If your deposit isn’t returned
Write to the landlord again, quoting the 45-day rule and the date of your first demand, and set a reasonable final date. Keep copies of everything: the lease, photos, receipts and messages. If that fails, the justice court in your county handles smaller civil claims, and county court handles larger ones. Where a landlord kept the deposit in bad faith, the court can award actual damages plus up to $200. Mississippi Center for Legal Services and local bar referral services can point you to help. Keep your tone factual in every message; a calm, documented request is often enough to settle a dispute without going to court.
Keep a record that speaks for itself
Most disputes come down to what the home looked like when you moved in and when you left. Dated photos and short videos settle that quickly. Shoot each room from the doorway, then close-ups of the oven, fridge, cabinets, bathrooms, floors and any damage. Keep the lease, your move-in list, your written demand, receipts for any cleaning or repairs and every message with the landlord in one folder. A receipt from a professional move-out clean, with the checklist it followed, is useful evidence if a cleaning charge is disputed.
A move-out plan that protects your deposit
- At move-in: photograph every room, inside appliances and cabinets, and send the landlord a written list of existing damage
- Two to three weeks out: give notice as your lease requires, ask for a walk-through date and book your clean
- The day before: defrost and empty the fridge and freezer
- Moving day: remove everything, including closets, the shed, the garage and the porch
- Cleaning day: kitchen, bathrooms, mildew, fans and vents, baseboards and floors, then photograph each room
- Walk-through: return the keys and hand over your written demand with your forwarding address
Our move-out cleaning starts at $190 and follows the checklist Mississippi landlords use, with the price confirmed before you book. See what affects the price of a clean in Mississippi, find move-out cleaning in your Mississippi town or get a free quote.
Frequently asked questions
How long does a Mississippi landlord have to return a deposit?
45 days after the tenancy ends, you deliver possession and you demand the deposit, with written notice itemizing anything kept.
Is there a limit on security deposits in Mississippi?
The statute sets no cap; the amount is set by the lease.
Can a Mississippi landlord charge for cleaning?
Yes, the statute allows the deposit to cover cleaning at the end of the tenancy, as well as unpaid rent and damage beyond ordinary wear and tear.
Looking for cleaners in Mississippi? See cleaning services in Mississippi.