Mississippi Security Deposit Demand Letter — Force Your Landlord to Pay Up

Mississippi's 45-day clock runs from three events together: termination of the tenancy, delivery of possession, and demand by the tenant (Miss. Code § 89-8-21(3)).

Miss that obligation and the law has teeth: Up to $200 + actual damages. Bad-faith retention adds up to $200 on top of actual damages (§ 89-8-21(4)). The statutory penalty is modest — the real weight is full recovery in small claims with your dated demand as the centerpiece.

Need more? Bundle of 3 — $19  ·  Family Pack — $39

Your Rights Under Miss. Code § 89-8-21

Mississippi's deposit law is specific. The rights worth knowing before you write:

• The deadline: 45 days after your demand. Mississippi's 45-day clock runs from three events together: termination of the tenancy, delivery of possession, and demand by the tenant (Miss. Code § 89-8-21(3)).
• The penalty: Up to $200 + actual damages. Bad-faith retention adds up to $200 on top of actual damages (§ 89-8-21(4)). The statutory penalty is modest — the real weight is full recovery in small claims with your dated demand as the centerpiece.
• Itemization is mandatory. A written notice itemizing every amount claimed; deductions are limited to rent defaults, damage beyond ordinary wear and tear, cleaning, and reasonable default expenses.
• Worth knowing. No deposit cap in Mississippi.

What Your Landlord Can — and Can't — Keep

Legitimate deductions

• Unpaid rent you actually owe
• Cleaning needed to return the unit to its condition at move-in (minus ordinary wear)
• Repair of damage beyond normal wear and tear — holes in walls, broken fixtures, pet damage

NOT legitimate deductions

• Normal wear and tear — faded paint, minor scuffs, small nail holes, worn carpet from ordinary use
• Repainting or re-carpeting due simply to age
• Pre-existing damage that was there when you moved in
• Charges with no itemization or receipts where Miss. Code § 89-8-21 requires them

How to Write a Mississippi Security Deposit Demand Letter

An effective letter does four things: states the facts, cites Miss. Code § 89-8-21 by name, makes a specific dollar demand with a firm deadline, and spells out the consequences if the landlord doesn't comply. The statute builds the demand letter in — the 45-day countdown does not even start until you demand the deposit. A dated letter both starts and documents the clock. Your claim to the deposit is also senior to any creditor of the landlord. Here's how the opening of a strong one reads:

If the Letter Doesn't Work: Mississippi Small Claims

Small claims court

Most deposit cases that get this far are filed in small claims court in the county where the rental sits — no attorney required. Bring the lease, move-in/move-out photos, your dated demand letter, and proof of delivery. The demand letter matters in court: it shows the judge you gave the landlord every chance to comply with Miss. Code § 89-8-21, and it anchors the penalty math — up to $200 + actual damages.

Your county's tenant resources

Many Mississippi counties run free tenant help lines, legal-aid clinics, or court self-help centers that will review a deposit case at no charge. Search your county name plus “tenant legal aid” — and bring the same paper trail.

Already hearing from a collection agency?

Landlords hand move-out balances to a small set of specialist collectors. If the letter is from National Credit Systems, Hunter Warfield, IQ Data International, or Source RM, we have a company-specific response guide for each — and the demand letter on this page still applies, because a landlord who missed the statutory deadline may owe you money regardless of who is calling. Any other collector: see the collection agency index and your state’s rules in the debt statute of limitations guide.