Mississippi · MS

Demand letters in Mississippi.

In Mississippi, landlords must return a deposit within 45 days, and the Justice Court hears claims up to $3,500. Here's the law you need — and a generator that cites it for you.

By The Demand Letter Kit Team Sourced from official statutesUpdated June 1, 2026

Mississippi demand letter facts at a glance

Deposit return deadline

45 days

Small claims limit

$3,500

Filing fee

Check the filing court’s current fee schedule; service charges may be additional

Written-contract SOL

3 years

Personal-injury SOL

3 years

Legal/judgment interest

8% per year (post-judgment) where no contract rate applies.

Security deposit demand letters in Mississippi

If your former landlord is holding your deposit, Mississippi law is on your side. A landlord must return your security deposit within 45 days, along with an itemized statement of any deductions. Bad-faith retention can expose the landlord to $200 plus actual damages.

Build a Mississippi security-deposit letter

Statutes of limitation in Mississippi

A demand letter doesn't pause the clock — you must file suit within these windows:

Written contracts 3 years
Oral contracts 3 years
Personal injury 3 years
Property damage 3 years

Small claims court in Mississippi

The relevant court is Justice Court. Limit: $3,500. Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. A dollar limit alone does not establish eligibility; check the court’s claim, venue and service requirements.

Read the limit source

Small-claims limit source checked: 2026-09-29. This date does not apply to the other laws on this page.

How Mississippi compares

The same dispute is worth pursuing in one state and barely worth the paperwork in another. Here is where Mississippi actually sits.

  • Justice Court in Mississippi: $3,500. Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. Limits are not directly comparable across states because court, plaintiff and claim-specific rules differ.

  • Patience is required in Mississippi: a landlord gets 45 days, 15 days beyond the 30-day median and 4th most generous to landlords of the 51. Writing before that window closes weakens the letter, because nothing has been breached yet. Mississippi attaches no statutory multiplier, so your leverage is the filing threat and the Miss. Code § 89-8-21 citation rather than a penalty number.

  • Do not sit on it. Mississippi allows only 3 years to sue on a written contract — 3 years shorter than the 6-year median for written contracts, and 44th longest of the 51. Oral agreements expire sooner still, at 3 years, and a demand letter does not pause either clock.

For a $1,500 deposit, document the amount withheld and any deductions. Confirm the available remedies under the governing statute before demanding penalties. Filing fee information: Check the filing court’s current fee schedule; service charges may be additional.

Good to know in Mississippi

Mississippi gives landlords 45 days to itemize and return the deposit, and a bad-faith landlord can owe $200 plus the tenant’s actual damages — a smaller statutory penalty than many states. Small claims runs through the Justice Court with a low $3,500 cap, so larger disputes move to County or Circuit Court. Mississippi applies a general three-year limitations period across contracts, injury, and property, which keeps the timing analysis simple but tight.

Mississippi demand letter FAQ

How long does a landlord have to return a security deposit in Mississippi?
In Mississippi, a landlord generally must return your security deposit within 45 days. Bad-faith retention can expose the landlord to $200 plus actual damages. The governing statute is Miss. Code § 89-8-21.
What is the small claims court limit in Mississippi?
Mississippi's Justice Court: $3,500. Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. Check the linked source for eligibility, venue and claim-specific exceptions.
How long do I have to sue in Mississippi?
Mississippi's statute of limitations is 3 years for written contracts, 3 years for oral contracts, 3 years for personal injury, and 3 years for property damage. Sending a demand letter does not pause these deadlines, so don't wait too long.
Do I have to send a demand letter before filing in Mississippi?
Mississippi does not always require a demand letter before suing, but sending one is strongly recommended: many courts expect it, it can resolve the dispute without filing, and it documents that you tried to settle in good faith — which helps your case if you do end up in Justice Court.

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