Can I Sue My Landlord in Mississippi?

Yes — in many situations. These are the main claims Mississippi tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.

Before you sue

Write down what happened, with dates, and keep photos, texts, emails and receipts.
Send your landlord a written demand (templates below) and give a reasonable deadline.
Check the deadline to sue and the court's dollar limit (below).
If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.

Your security deposit wasn't returned

Penalty for withholding	If a landlord keeps a deposit in violation of the statute and without good faith, the landlord can owe damages of up to $200 on top of any actual damages. No multiple-of-deposit penalty and no attorney-fee provision appears in § 89-8-21. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025). Source: Miss. Code Ann. § 89-8-21(4)
Deposit return deadline	Within 45 days after the tenancy ends, the tenant delivers possession, and the tenant demands return. All three conditions (termination, delivery of possession, tenant demand) start the 45-day clock. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025). Source: Miss. Code Ann. § 89-8-21(3)

Penalty for withholding

If a landlord keeps a deposit in violation of the statute and without good faith, the landlord can owe damages of up to $200 on top of any actual damages.

No multiple-of-deposit penalty and no attorney-fee provision appears in § 89-8-21. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).

Source: Miss. Code Ann. § 89-8-21(4)

Deposit return deadline

Within 45 days after the tenancy ends, the tenant delivers possession, and the tenant demands return.

All three conditions (termination, delivery of possession, tenant demand) start the 45-day clock. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).

Source: Miss. Code Ann. § 89-8-21(3)

Free Mississippi security deposit demand letter

You were locked out or your utilities were cut off

Lockouts & utility shutoffs	The Residential Landlord and Tenant Act has no express ban on self-help lockouts or utility shutoffs and no damages remedy for them. The Act provides a court eviction process (§§ 89-8-31 to 89-8-39), and only a sheriff or constable may remove the tenant, under a warrant of removal issued after the move-out date. Since 2025, posting the warrant on the door does not count as executing it; law enforcement must remove the occupants. New in 2026: HB 1404 (approved March 25, 2026) makes it a crime to knowingly fail to apply tenant money collected under a lease for utilities to the utility bill within 60 days of receiving the bill. Penalties run from up to 6 months in jail or a $1,000 fine, up to 20 years or a $50,000 fine, depending on the amount, plus restitution. HB 1404 enrolled text: https://billstatus.ls.state.ms.us/documents/2026/pdf/HB/1400-1499/HB1404SG.pdf. Its approval date comes from the Legislature's 2026 all-measures list. No Mississippi statute was found that expressly prohibits lockouts. Some secondary sites attribute a ban to § 89-7-27, but the official text of § 89-7-27 contains no such ban, and since 2022 that section applies only to nonresidential premises. Source: Miss. Code Ann. §§ 89-8-31, 89-8-39(2) (as amended by Laws 2025, ch. 460); 2026 HB 1404 (Code section not yet assigned in the sources reviewed)

Lockouts & utility shutoffs

The Residential Landlord and Tenant Act has no express ban on self-help lockouts or utility shutoffs and no damages remedy for them. The Act provides a court eviction process (§§ 89-8-31 to 89-8-39), and only a sheriff or constable may remove the tenant, under a warrant of removal issued after the move-out date. Since 2025, posting the warrant on the door does not count as executing it; law enforcement must remove the occupants. New in 2026: HB 1404 (approved March 25, 2026) makes it a crime to knowingly fail to apply tenant money collected under a lease for utilities to the utility bill within 60 days of receiving the bill. Penalties run from up to 6 months in jail or a $1,000 fine, up to 20 years or a $50,000 fine, depending on the amount, plus restitution.

HB 1404 enrolled text: https://billstatus.ls.state.ms.us/documents/2026/pdf/HB/1400-1499/HB1404SG.pdf. Its approval date comes from the Legislature's 2026 all-measures list. No Mississippi statute was found that expressly prohibits lockouts. Some secondary sites attribute a ban to § 89-7-27, but the official text of § 89-7-27 contains no such ban, and since 2022 that section applies only to nonresidential premises.

Source: Miss. Code Ann. §§ 89-8-31, 89-8-39(2) (as amended by Laws 2025, ch. 460); 2026 HB 1404 (Code section not yet assigned in the sources reviewed)

Your landlord retaliated after you complained

Landlord retaliation	Very limited. There is no general anti-retaliation statute and no presumption period. The only reference is in § 89-8-17(2): after a lease expires, a landlord may raise the rent only if the action's dominant purpose was not retaliation for the tenant's actions authorized under the Act, and the landlord had received written notice of each condition the tenant acted on. Every duty and condition precedent under the Act, including terminating or not renewing a tenancy, carries an obligation of good faith (§ 89-8-9). The wording of § 89-8-17(2) is awkward, so the plain-English summary is cautious. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025). Source: Miss. Code Ann. § 89-8-17(2)

Landlord retaliation

Very limited. There is no general anti-retaliation statute and no presumption period. The only reference is in § 89-8-17(2): after a lease expires, a landlord may raise the rent only if the action's dominant purpose was not retaliation for the tenant's actions authorized under the Act, and the landlord had received written notice of each condition the tenant acted on.

Every duty and condition precedent under the Act, including terminating or not renewing a tenancy, carries an obligation of good faith (§ 89-8-9). The wording of § 89-8-17(2) is awkward, so the plain-English summary is cautious. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).

Source: Miss. Code Ann. § 89-8-17(2)

Your landlord won't make repairs

Repair and deduct	Allowed. If the landlord has not repaired a specific, material defect within 30 days after the tenant's written notice, the tenant may make the repair and is owed reimbursement within 45 days after giving the landlord receipted bills. Conditions: the tenant has met their own duties under § 89-8-25, the cost is no more than one month's rent, the tenant has not used this remedy in the previous 6 months, and the tenant is current on rent. Reimbursement is limited to the usual and customary charge for the repair, and the cost may be offset against future rent. Before repairing facilities shared with other units, the tenant must notify the other tenants (§ 89-8-15(3)). The remedy creates no lien on the property. A 2025 bill (HB 840) and a 2026 bill (HB 442) to revise this section both died in committee. Source: Miss. Code Ann. § 89-8-15
Withholding rent	No statute authorizes rent withholding. The only statutory self-help remedy is repair-and-deduct under § 89-8-15, where the repair cost may be offset against future rent. A tenant may also end the tenancy for the landlord's material noncompliance after a 14-day notice (§ 89-8-13(2)–(3)). Withholding rent is risky. The tenant must be current on rent to use repair-and-deduct, and a 3-day notice can follow any nonpayment. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025). Source: Miss. Code Ann. §§ 89-8-13, 89-8-15
Mold	No statute — Mississippi has no mold disclosure or remediation law. The landlord's general statutory duty applies: comply with building and housing codes that materially affect health and safety, and maintain the unit and its plumbing, heating and cooling systems in substantially the same condition as at the start of the lease, reasonable wear and tear excluded. There is no duty for defects caused by the tenant's deliberate or negligent acts. Tenants must tell the landlord about conditions that may cause damage. Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025). Any local housing codes adopted by cities set more specific standards. Source: Miss. Code Ann. § 89-8-23; § 89-8-25(g)
Pests & bed bugs	No statute — no state law assigns pest or bed bug treatment or requires disclosure. Pests are governed by the general duty to comply with health and safety housing codes and maintain the premises, and by the lease. Tenants must keep their part of the premises clean and safe and dispose of garbage properly. Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025). Source: Miss. Code Ann. § 89-8-23(1); § 89-8-25(a)-(b)
Heat	No minimum temperature or heating season is set by state law. A landlord must maintain the heating system in substantially the same condition as at the start of the lease, reasonable wear and tear excluded, unless the tenant's deliberate or negligent actions damaged it, and must comply with applicable housing codes. The lease decides whether a heating system is provided at all. Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025). Landlord and tenant may agree in writing, in good faith, for the tenant to take on these duties (§ 89-8-23(3)). Source: Miss. Code Ann. § 89-8-23(1)(b)

Free Mississippi repair request letter to landlord

Your landlord entered without notice or invaded your privacy

Landlord entry notice	No statute. The Residential Landlord and Tenant Act has no provision on landlord entry or advance notice before entry. No section of Chapter 89-8 addresses landlord entry or notice before entry; the landlord-duty (§ 89-8-23) and tenant-duty (§ 89-8-25) sections are silent. Entry is governed by the lease. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025). Source: Miss. Code Ann. §§ 89-8-1 to 89-8-45 (no entry provision)
Cameras & privacy	No landlord-specific statute. It is a felony to photograph, film, videotape or record someone's image with lewd, licentious or indecent intent, without permission, where they would be undressed and reasonably expect privacy, including private dwellings, bathrooms and bedrooms. The penalty for an adult is up to 5 years and/or a $5,000 fine. Recording conversations is lawful if the recorder is a party or one party consents, unless done to commit a crime or tort. Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025). § 41-29-531: https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-29-531/. The landlord-tenant act has no landlord-entry provision. Source: Miss. Code Ann. § 97-29-63; § 41-29-531(e)

Landlord entry notice

No statute. The Residential Landlord and Tenant Act has no provision on landlord entry or advance notice before entry.

No section of Chapter 89-8 addresses landlord entry or notice before entry; the landlord-duty (§ 89-8-23) and tenant-duty (§ 89-8-25) sections are silent. Entry is governed by the lease. Official code not freely readable online; text verified on a public code mirror (code year 2025, current through January 1, 2025).

Source: Miss. Code Ann. §§ 89-8-1 to 89-8-45 (no entry provision)

Cameras & privacy

No landlord-specific statute. It is a felony to photograph, film, videotape or record someone's image with lewd, licentious or indecent intent, without permission, where they would be undressed and reasonably expect privacy, including private dwellings, bathrooms and bedrooms. The penalty for an adult is up to 5 years and/or a $5,000 fine. Recording conversations is lawful if the recorder is a party or one party consents, unless done to commit a crime or tort.

Official code not freely readable online; text verified on a public code mirror (FindLaw, code current as of January 1, 2025). § 41-29-531: https://codes.findlaw.com/ms/title-41-public-health/ms-code-sect-41-29-531/. The landlord-tenant act has no landlord-entry provision.

Source: Miss. Code Ann. § 97-29-63; § 41-29-531(e)

Other claims tenants bring in Mississippi

Injuries on the property	No Mississippi statute sets a general rule on landlord liability for injuries. The landlord must comply with building and housing codes materially affecting health and safety and keep the unit and its plumbing, heating and cooling in substantially the same condition as at the start of the lease. The Landlord and Tenant Act bars a lease clause that excuses or limits the landlord's liability for the landlord's willful misconduct; it does not expressly bar clauses limiting liability for ordinary negligence. Official code not freely readable online; text verified on a public code mirror (FindLaw, current as of January 1, 2025). Whether a landlord is liable for a particular injury is decided under court decisions on negligence and premises liability. Source: Miss. Code Ann. §§ 89-8-5(b), 89-8-23(1)

Injuries on the property

No Mississippi statute sets a general rule on landlord liability for injuries. The landlord must comply with building and housing codes materially affecting health and safety and keep the unit and its plumbing, heating and cooling in substantially the same condition as at the start of the lease. The Landlord and Tenant Act bars a lease clause that excuses or limits the landlord's liability for the landlord's willful misconduct; it does not expressly bar clauses limiting liability for ordinary negligence.

Official code not freely readable online; text verified on a public code mirror (FindLaw, current as of January 1, 2025). Whether a landlord is liable for a particular injury is decided under court decisions on negligence and premises liability.

Source: Miss. Code Ann. §§ 89-8-5(b), 89-8-23(1)

Where and when to sue

Small claims limit	$3,500. Justice court judges hear actions to recover debts, damages or personal property where the principal debt, demand or property value does not exceed $3,500. Official code not freely readable online; text verified on a public code mirror (code current as of January 1, 2025). Bills to raise the limit failed in 2023 through 2026. Source: Miss. Code Ann. § 9-11-9
Deadline to sue on a written lease	3 years for both written and oral leases. Unwritten contracts are expressly 3 years. Written contracts fall under the general 3-year catch-all for actions with no other limit. The official code is published only through LexisNexis, so this text was verified on a public mirror (FindLaw, 'current as of January 01, 2025'). § 15-1-29: https://codes.findlaw.com/ms/title-15-limitations-of-actions-and-prevention-of-frauds/ms-code-sect-15-1-29/. Source: Miss. Code Ann. § 15-1-49(1); § 15-1-29

Small claims limit

$3,500. Justice court judges hear actions to recover debts, damages or personal property where the principal debt, demand or property value does not exceed $3,500.

Official code not freely readable online; text verified on a public code mirror (code current as of January 1, 2025). Bills to raise the limit failed in 2023 through 2026.

Source: Miss. Code Ann. § 9-11-9

Deadline to sue on a written lease

3 years for both written and oral leases. Unwritten contracts are expressly 3 years. Written contracts fall under the general 3-year catch-all for actions with no other limit.

The official code is published only through LexisNexis, so this text was verified on a public mirror (FindLaw, 'current as of January 01, 2025'). § 15-1-29: https://codes.findlaw.com/ms/title-15-limitations-of-actions-and-prevention-of-frauds/ms-code-sect-15-1-29/.

Source: Miss. Code Ann. § 15-1-49(1); § 15-1-29

How small claims court works in Mississippi →

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.