Sources checked:
Quick answer. Mississippi: no deposit cap in the law read; deposit returned within 45 days; 30-day notice to end month-to-month; 3-day notice for unpaid rent; $3,500 small claims limit. 14 of 23 items are confirmed on official pages; 9 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- No cap in the law read
- Deposit back within
- 45 days
- Month-to-month notice (landlord)
- 30 days
- Unpaid rent notice
- 3 days
- Time to answer or appear
- At the hearing
- Small claims limit
- $3,500
Security deposit (6 of 6 confirmed)
Law read: Miss. Code 89-8-21.
Need the other side served? Process serving with an affidavit of service.
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ConfirmedDeposit limit
No maximum in 89-8-21 (FindLaw text current as of January 1, 2025; its only dollar figure, $200, caps added damages for bad-faith retention).
Sources: Mississippi Legislature: 2024 HB 1580 as introduced (brings forward 89-8-21); Mississippi Legislature: 2023 SB 2375 as introduced (brings forward 89-8-21); FindLaw Codes (secondary source): Miss. Code 89-8-21, current as of January 1, 2025, checked November 2026
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ConfirmedReturn deadline
No later than 45 days after the tenancy ends (89-8-21(3)); the section ties the count to the tenancy ending, delivery of possession and the tenant's demand.
Sources: Mississippi Legislature: 2024 HB 1580 as introduced (brings forward 89-8-21); Mississippi Legislature: 2023 SB 2375 as introduced (brings forward 89-8-21); FindLaw Codes (secondary source): Miss. Code 89-8-21, current as of January 1, 2025, checked November 2026
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ConfirmedItemized list of deductions
The landlord's written notice claiming any part of the deposit itemizes the amounts claimed (89-8-21(3)).
Sources: Mississippi Legislature: 2024 HB 1580 as introduced (brings forward 89-8-21); Mississippi Legislature: 2023 SB 2375 as introduced (brings forward 89-8-21); FindLaw Codes (secondary source): Miss. Code 89-8-21, current as of January 1, 2025, checked November 2026
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ConfirmedInterest on the deposit
None stated in Miss. Code 89-8-21.
Sources: Mississippi Legislature: 2024 HB 1580 as introduced (brings forward 89-8-21); Mississippi Legislature: 2023 SB 2375 as introduced (brings forward 89-8-21); FindLaw Codes (secondary source): Miss. Code 89-8-21, current as of January 1, 2025, checked November 2026
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ConfirmedWhere the deposit is held
Held by the landlord for the tenant; no account type is named (89-8-21(2)).
Sources: Mississippi Legislature: 2024 HB 1580 as introduced (brings forward 89-8-21); Mississippi Legislature: 2023 SB 2375 as introduced (brings forward 89-8-21); FindLaw Codes (secondary source): Miss. Code 89-8-21, current as of January 1, 2025, checked November 2026
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ConfirmedPenalty the law states
Retention without good faith: damages of up to $200 in addition to actual damages (89-8-21(4)).
Sources: Mississippi Legislature: 2024 HB 1580 as introduced (brings forward 89-8-21); Mississippi Legislature: 2023 SB 2375 as introduced (brings forward 89-8-21); FindLaw Codes (secondary source): Miss. Code 89-8-21, current as of January 1, 2025, checked November 2026
Read from 89-8-21 as brought forward in 2023 and 2024 bills. Confirm against the current Mississippi Code.
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (4 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | Written notice at least 30 days before the termination date (7 days for week-to-week). Either the landlord or the tenant may give it. The text: a month-to-month tenancy may be ended by the landlord or the tenant by written notice given "at least thirty (30) days prior to the termination date" (week-to-week: "at least seven (7) days"). No notice is required after a violation that materially affects health or safety. | Sources: FindLaw Codes (secondary source): Miss. Code 89-8-19, current as of January 1, 2025; Justia (statute text) (secondary source): 2020 Mississippi Code 89-8-19, checked November 2026 (Miss. Code 89-8-19) |
| Ending month-to-month (tenant) | Written notice at least 30 days before the termination date (7 days for week-to-week). Either the landlord or the tenant may give it. The text: a month-to-month tenancy may be ended by the landlord or the tenant by written notice given "at least thirty (30) days prior to the termination date" (week-to-week: "at least seven (7) days"). No notice is required after a violation that materially affects health or safety. | Sources: FindLaw Codes (secondary source): Miss. Code 89-8-19, current as of January 1, 2025; Justia (statute text) (secondary source): 2020 Mississippi Code 89-8-19, checked November 2026 (Miss. Code 89-8-19) |
| Rent increase notice | No rent increase notice period in Miss. Code 89-8-19 as read; Nolo's 50-state chart (updated 4/25/2024) says there is no Mississippi statute on the notice required to change rent or other terms. Check the lease. | Sources: FindLaw Codes (secondary source): Miss. Code 89-8-19, current as of January 1, 2025; Nolo (secondary source): State Rules on Notice Required to Change or Terminate a Month-to-Month Tenancy, 50-state chart (updated 4/25/2024), checked November 2026 |
| Unpaid rent notice | Written notice that the rental agreement will end if the rent isn't paid within three days. The text: notice "specifying the rental agreement will terminate if payment of such rent is not made within three (3) days." Notice may go by email or text if the tenant agreed to that in writing. 2025 HB 1352 proposed changing three days to five; the 2025 edition of the Code on Justia still shows three days (last amended by Laws 2022, ch. 501). | Sources: Justia (statute text) (secondary source): 2025 Mississippi Code 89-8-13; FindLaw Codes (secondary source): Miss. Code 89-8-13, current as of January 1, 2025; Mississippi Legislature: 2025 HB 1352 as introduced (proposed amending 89-8-13(5)(a)), checked November 2026 (Miss. Code 89-8-13(5)(a)) |
| Entry notice | Not confirmed — check FindLaw (secondary, statute text): Miss. Code 89-8-19, current as of January 1, 2025. Not confirmed. Nolo's 50-state chart (updated 7/18/2025) cites only Miss. Code 89-7-49 (written notice when the landlord believes the tenant has abandoned the property and owes rent); check Miss. Code Title 89, Chapters 7 and 8, and the lease. | |
| Late fee limits | Not confirmed — check FindLaw (secondary, statute text): Miss. Code 89-8-19, current as of January 1, 2025. Not confirmed. Check Miss. Code Title 89, Chapter 8. |
More: Notice periods by state · Notice date calculator
Eviction case, in order (3 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: Written notice that the rental agreement will end if the rent isn't paid within three days.
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
The county's justice court (the statewide sample summons).
IN THE JUSTICE COURT OF ___________ COUNTY, STATE OF MISSISSIPPI
Source: Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court), checked November 2026
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Not confirmedFiling fee
Not confirmed — check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court). Not confirmed on an official page we opened.
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
The tenant is summoned to appear and defend at the date and time on the summons.
You are summoned to appear and defend against the attached complaint at
Source: Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court), checked November 2026
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- Hearing or trial
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Not confirmedHearing after filing
Not confirmed — check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court). Not confirmed on an official page we opened.
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- Judgment and the writ The order that lets the officer act.
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Not confirmedJudgment to writ
Not confirmed — check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court). Not confirmed on an official page we opened.
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- Lockout Carried out by an officer, not by either side.
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Not confirmedWrit to lockout
Not confirmed — check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court). Not confirmed on an official page we opened.
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Not confirmedWho carries out the lockout
Not confirmed — check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court). Not confirmed on an official page we opened.
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- Along the way Paying to stop the case, counsel and diversion programs.
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Not confirmedPaying to stop the case
Not confirmed — check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court). Not confirmed on an official page we opened.
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ConfirmedRight to counsel (statewide)
No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.
An eviction right to counsel is created by an enacted law that, at a minimum:
Source: National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026), checked November 2026
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court). Not confirmed on an official page we opened.
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More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$3,500: the most a small claims case can ask for.
Justice Courts hear small claims civil cases of $3,500 or less. There are 82 Justice Courts.
Source: Mississippi Administrative Office of Courts: Justice Court, checked November 2026
More: Mississippi small claims court
Still to confirm
- Entry notice: check FindLaw (secondary, statute text): Miss. Code 89-8-19, current as of January 1, 2025
- Late fee limits: check FindLaw (secondary, statute text): Miss. Code 89-8-19, current as of January 1, 2025
- Filing fee: check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court)
- Hearing after filing: check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court)
- Judgment to writ: check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court)
- Writ to lockout: check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court)
- Who carries out the lockout: check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court)
- Paying to stop the case: check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court)
- Diversion or mediation (statewide): check Mississippi Judiciary: Sample Residential Eviction Summons (Justice Court)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in Mississippi?
No maximum in 89-8-21 (FindLaw text current as of January 1, 2025; its only dollar figure, $200, caps added damages for bad-faith retention).
How long does a Mississippi landlord have to return a deposit?
No later than 45 days after the tenancy ends (89-8-21(3)); the section ties the count to the tenancy ending, delivery of possession and the tenant's demand. What goes with it: The landlord's written notice claiming any part of the deposit itemizes the amounts claimed (89-8-21(3)).
How much notice ends a month-to-month tenancy in Mississippi?
From the landlord: Written notice at least 30 days before the termination date (7 days for week-to-week). Either the landlord or the tenant may give it. From the tenant: Written notice at least 30 days before the termination date (7 days for week-to-week). Either the landlord or the tenant may give it.
What notice comes before an unpaid-rent case in Mississippi?
Written notice that the rental agreement will end if the rent isn't paid within three days.
How long does an eviction case take in Mississippi?
Time to answer or appear: At the hearing. These are the stated rules; the court's calendar often takes longer.
Can a Mississippi deposit dispute go to small claims court?
The small claims limit in our data: $3,500: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
How much notice before a landlord enters a rental in Mississippi?
Not confirmed in our data files. Check FindLaw (secondary, statute text): Miss. Code 89-8-19, current as of January 1, 2025 (https://codes.findlaw.com/ms/title-89-real-and-personal-property/ms-code-sect-89-8-19/).
Related: Landlord rules by state · Kits for landlords