Mississippi Small Claims Security Deposit Dispute: Landlord and Tenant Guide

How Security Deposit Cases Land in Justice Court

Security deposit disputes are among the most common civil claims in Mississippi Justice Court. A former tenant sues a landlord for not returning the deposit. Or a landlord sues a former tenant for unpaid rent or property damage that exceeds the deposit. Either way, if the amount is $3,500 or less, Justice Court has jurisdiction.

These cases are fact-heavy. The outcome usually turns on documentation: what condition the property was in at move-in versus move-out, what the lease said about deductions, whether proper notice was given, and whether anyone can prove it.

If You're a Tenant Sued by a Landlord

A landlord might file in Justice Court claiming you owe unpaid rent, left damages beyond the deposit, or violated the lease. As the defendant, you contest the claim by appearing at the hearing — no written answer is required in Justice Court.

Evidence that strengthens a tenant's position:

• Move-in and move-out photos. Date-stamped images showing the condition of the property at both points. If you documented the existing damage when you moved in, bring those photos
• The lease agreement. Every clause about deposits, deductions, and move-out requirements matters
• Communication records. Texts, emails, or letters about repairs, complaints, or move-out expectations
• Receipts. Cleaning bills, repair receipts, or proof that you fixed issues before moving out

If You're a Landlord Sued by a Tenant

Former tenants frequently sue for unreturned security deposits. Under Miss. Code Ann. § 89-8-21, the remaining deposit must be returned no later than 45 days after the tenancy ends, the tenant delivers possession, and the tenant makes a demand. A landlord claiming any portion must send written notice itemizing the amounts claimed; deductions are limited to amounts reasonably necessary for unpaid rent, tenant-caused damage beyond ordinary wear and tear, cleaning, or other reasonable and necessary expenses resulting from the tenant's default.

To defend a deduction, bring:

• Itemized deduction records. A clear breakdown of what was deducted and why
• Repair invoices and contractor receipts. Proof that the deductions correspond to real work performed
• Photos of the damage. Taken at move-out, preferably with dates
• The lease. Specifically the sections covering allowable deductions

The LLC Problem

If the landlord is an LLC, partnership, or corporation, they cannot represent themselves in court through an owner or property manager. Under Mississippi Code § 73-3-55, appearing in court on behalf of a business entity constitutes the practice of law, and only a licensed attorney can do it.

An individual landlord can represent themselves. A property management company or LLC cannot present its case through a non-lawyer owner or manager.

Preparing for the Hearing

Three copies of everything, organized chronologically. Both sides should focus on these questions:

1. What does the lease say about the deposit, deductions, and move-out procedures?
2. What was the property's condition at move-in and move-out?
3. Were any deductions reasonable and documented?
4. Was the deposit (or itemized statement) returned within the timeframe the lease specifies?

Bring any witnesses who can testify about the property's condition — a move-in inspector, the person who did repairs, a neighbor who saw the state of the unit.

The amount in dispute matters for Justice Court jurisdiction. If the principal demand is $3,500 or less, Justice Court can hear the case. For claims under $3,500, County and Circuit Courts also have concurrent jurisdiction. If the claim exceeds $3,500 (say, a $1,500 deposit plus $3,000 in alleged damages), the plaintiff can irrevocably remit the excess to bring it within Justice Court's limit or file in a higher court.

For a step-by-step approach to handling a security deposit case or any other Justice Court dispute, the Mississippi Small Claims Response Guide covers the full process from summons to hearing.

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