Cal. Civ. Code § 89-8-21
Tenant’s security deposit.
Operative Text
(1) Any payment or deposit of money, the primary function of which is to secure the performance of a rental agreement or any part of such an agreement, other than a payment or deposit, including an advance payment of rent, made to secure the execution of a rental agreement shall be governed by the provisions of this section. (2) Any such payment or deposit of money shall be held by the landlord for the tenant who is a party to such agreement. The claim of a tenant to such payment or deposit shall be governed by the provisions of this section. The claim of a tenant to such payment or deposit shall be prior to the claim of any creditor of the landlord. (3) The landlord, by written notice delivered to the tenant, may claim of such payment or deposit only such amounts as are reasonably necessary to remedy the tenant’s defaults in the payment of rent, to repair damages to the premises caused by the tenant, exclusive of ordinary wear and tear, to clean such premises upon termination of the tenancy, or for other reasonable and necessary expenses incurred as the result of the tenant’s default, if the payment or deposit is made for any or all of those specific purposes. The written notice by which the landlord claims all or any portion of such payment or deposit shall itemize the amounts claimed by such landlord. Any remaining portion of such payment or deposit shall be returned to the tenant no later than forty-five (45) days after the termination of his tenancy, the delivery of possession and demand by the tenant. (4) The retention by a landlord or transferee of a payment or deposit or any portion thereof, in violation of this section and with absence of good faith, may subject the landlord or his transferee to damages not to exceed Two Hundred Dollars ($200.00) in addition to any actual damages. History Laws, 1991, ch. 478, § 11, eff from and after July 1, 1991.
Under Miss. Code Ann. § 89-8-21, security deposits paid by a tenant to secure a rental agreement must be held by the landlord on the tenant's behalf, and the tenant's claim to those funds takes priority over the claims of the landlord's creditors. A landlord may only retain amounts from the deposit that are reasonably necessary to cover unpaid rent, tenant-caused damage beyond ordinary wear and tear, cleaning costs, or other documented defaults — and must provide an itemized written notice explaining any deductions. Whatever portion of the deposit is not legitimately claimed must be returned to the tenant no later than 45 days after the tenancy ends, possession is delivered, and the tenant makes a demand.
Plain English — not legal advice.
Operators subject to Miss. Code Ann. § 89-8-21 generally hold security deposit funds separately and treat them as belonging to the tenant until a lawful claim arises. When a tenancy ends, compliant landlords send the tenant a written, itemized notice specifying each deduction — limited to unpaid rent, damage beyond ordinary wear and tear, cleaning, or other default-related costs — and return any remaining balance within the 45-day window. Retaining deposit funds without good faith and in violation of this section can expose a landlord or transferee to the tenant's actual damages plus up to $200 in additional damages.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Miss. Code Ann. § 89-8-21, tenants have a right to receive an itemized written accounting of any deductions from their security deposit, and the remaining balance must be returned within 45 days of the tenancy ending, possession being delivered, and a demand being made. Importantly, a tenant's claim to the deposit funds takes priority over the claims of the landlord's creditors, providing meaningful protection if a landlord faces financial difficulties. Tenants who believe a landlord has wrongfully withheld deposit funds without good faith may have grounds to pursue actual damages plus up to $200 in additional damages, and consulting a tenant-rights organization familiar with Mississippi law can help clarify available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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