Mississippi Security Deposit Law: How to Sue in Small Claims Court

The 45-Day Rule Under Miss. Code § 89-8-21

Mississippi law gives landlords 45 days to return the remaining security deposit or provide an itemized statement of deductions. But the clock doesn't start when you move out — it starts when all three of these conditions are met:

1. The tenancy is terminated
2. You've surrendered possession (returned the keys)
3. You've demanded the deposit. The statute does not specify a written form, so make the demand in writing and keep proof of delivery.

Miss that third step and the 45-day window never opens. Many tenants assume the clock starts on move-out day, but without a demand, the landlord's 45-day statutory deadline has not started.

What the Landlord Must Do

Within those 45 days, the landlord either returns the full deposit or provides a written, itemized list explaining every deduction — unpaid rent, damage beyond normal wear, or cleaning costs. Vague explanations like "cleaning and repairs" without dollar amounts and specifics don't satisfy the statute.

If the landlord retains a deposit in violation of the statute and without good faith, the court may award up to $200 in additional damages on top of actual damages under Miss. Code § 89-8-21(4).

Mississippi Has No Cap on Security Deposits

Unlike many states, Mississippi doesn't limit how much a landlord can collect as a security deposit. That makes the return-and-accounting rules more important, not less. Whether your deposit was $500 or $2,500, the same 45-day procedure applies.

How to Send the Demand Letter

Send your written demand via certified mail with return receipt requested. The letter should include:

• Your full name and current mailing address
• The rental property address and lease dates
• The exact deposit amount paid
• A clear request for the full deposit or an itemized deduction statement
• A deadline for response (10 to 14 days is standard)
• A statement that you'll pursue the matter in Justice Court if unresolved

Keep the certified mail receipt and the return receipt card. If the landlord signs for the letter and still doesn't respond, those documents become evidence at trial.

Filing in Justice Court

Security deposit claims are money-only actions, so they land squarely in Justice Court jurisdiction under Miss. Code § 9-11-9 (claims up to $3,500). File in the county where the rental property is located or where the landlord resides.

The uniform civil case fee is $25 under Miss. Code § 25-7-25. Constable service is $55, with $10 for each additional defendant at the same household under § 25-7-27; sheriff service is $45, with $5 for each additional defendant at the same household under § 25-7-19. Confirm the full county total with the clerk. Bring your lease, the demand and proof of delivery, any photos from move-in and move-out, and a written timeline of events.

The distinction matters: you're suing for money, not possession of the property. Eviction actions follow a completely different path under Mississippi's Unlawful Entry and Detainer laws (Title 11, Chapter 25). A deposit recovery case in Justice Court is simpler and faster.

At the Hearing

Present your evidence in order: the lease, your demand letter with certified mail proof, the 45-day deadline calculation, photos of the unit's condition, and any correspondence with the landlord.

If the landlord can't show a timely, itemized deduction statement, that may support your claim for the deposit balance. An additional award of up to $200 requires a finding that the landlord retained the deposit in violation of § 89-8-21 and without good faith.

The Mississippi Small Claims Filing Guide includes a demand letter worksheet, service tracker, and evidence index specifically designed for security deposit cases and other Justice Court claims across all 82 Mississippi counties.

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