Mississippi Landlord-Tenant Dispute in Small Claims: When Justice Court Is the Right Venue

Justice Court Money Claims Are Separate from Evictions

Mississippi Justice Court is the right venue for landlord-tenant disputes when the issue is money — unpaid rent, withheld security deposits, or property damage — and the amount is $3,500 or less. Eviction and property-possession actions follow a separate procedure from a civil money claim.

This distinction trips up both landlords and tenants. A landlord who wants a tenant removed from the property needs an eviction action under Mississippi's Unlawful Entry and Detainer statutes (Title 11, Chapter 25), which has its own notice requirements, timelines, and procedures. A landlord who wants money for back rent or damage after the tenant has already moved out files a regular civil claim in Justice Court under Mississippi Code § 9-11-9.

Understanding which court handles which problem is the first step.

When Tenants File: Security Deposit Claims

The most common tenant claim in Justice Court is a security deposit that was not returned. Mississippi Code § 89-8-21 governs security deposits and gives landlords 45 days to return the deposit or provide an itemized list of deductions after three things happen:

1. The tenancy ends
2. The tenant surrenders physical possession (returns keys)
3. The tenant makes a formal written demand for the deposit

All three conditions must be met before the 45-day clock starts. A tenant who moves out but never sends a written demand has not triggered the deadline.

If the landlord fails to return the deposit or provide an itemized statement within 45 days, the tenant can sue in Justice Court. The potential recovery includes the deposit amount plus up to $200 in statutory damages if the landlord acted in bad faith under § 89-8-21(4).

Evidence that wins deposit cases: a copy of the lease, proof of the deposit payment, photos of the unit at move-in and move-out, your written demand letter with certified mail receipt, and the landlord's response (or lack of one).

When Landlords File: Back Rent and Property Damage

After a tenant moves out owing rent or having caused damage beyond normal wear, the landlord can file in Justice Court for the money. This is a standard debt claim — the same process as any other civil case.

The landlord needs:

• The lease agreement showing the rent amount and terms
• An accounting of unpaid rent with dates
• For damage claims, photos of the damage plus repair estimates or invoices
• The security deposit accounting showing any deductions already applied
• Move-in condition documentation (photos, a signed inspection checklist) to establish that damage occurred during the tenancy

If the landlord already applied the security deposit toward damages or unpaid rent, the Justice Court claim is for the remaining balance above the deposit.

Eviction Is a Separate Proceeding

A landlord who wants to remove a current tenant from the property does not file a regular small claims case. Mississippi eviction follows the Unlawful Entry and Detainer framework, which requires:

• Written notice to the tenant (the type and duration depend on the reason — nonpayment, lease violation, or holdover)
• Filing in the appropriate court after the notice period expires
• A hearing where the court determines whether the tenant must vacate

Eviction actions follow separate notice requirements, procedures, and court dockets. A landlord who files a civil complaint asking the court to "remove" a tenant is filing the wrong type of action.

If you are a landlord trying to both recover money and regain possession, these are two separate legal actions. The eviction addresses possession; a Justice Court claim addresses the money. They can run concurrently, but they follow different procedural tracks.

Common Mistakes in Landlord-Tenant Cases

Landlords deducting without itemizing: Mississippi law requires a written, itemized statement of deductions. "Cleaning and repairs" is not enough — list each item and the cost. Failure to comply with the accounting requirement may support a claim for the amount wrongfully withheld and statutory damages of up to $200 when the legal requirements are met.

Tenants not sending a written demand: The 45-day clock does not start until the tenant sends a formal demand. Verbal requests do not count. Send it by certified mail with return receipt requested and keep a copy.

Filing in the wrong county: The claim goes in the county where the rental property is located (where the substantial event occurred) or where the defendant resides — not wherever is most convenient for you.

Suing for more than $3,500: Justice Court's limit is $3,500 for the principal demand. If the total owed exceeds this, you can waive the excess or file in a higher court.

Filing the Claim

Whether you are a landlord or tenant, the process is the same: complete a Civil Complaint at the Justice Court Clerk's office in the appropriate county, pay the $45 filing fee plus service costs ($35–$40 for constable service), and wait for the hearing date. The summons and complaint must be served on the other party at least 30 days before the hearing.

The Mississippi Small Claims Filing Guide covers every step of the Justice Court process, including specific worksheets for tracking security deposit deadlines and organizing evidence for landlord-tenant disputes.

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