Pet Deposit Laws in Mississippi: What Landlords Can Charge and What Renters Can Challenge
October 31, 2026
Pet deposit laws in Mississippi are short on rules and long on lease language. The state sets no dollar cap on what a landlord can ask you to pay for a dog, cat, or other animal, so your lease does most of the work that a statute does in other states. That makes it easy to overpay or lose money at move-out if you do not know which parts of the process the law does cover.
This article walks through what a pet deposit is, what Mississippi allows, how pet deposits differ from fees and pet rent, and what happens to your money when the lease ends. Where the state statute is silent, you will see how common practice and federal fair housing rules fill the gap. The goal is a balanced picture that is useful whether you are a renter or a small landlord.
Important Note: Some online summaries disagree on Mississippi’s rules. One older landlord-tenant guide describes a pet deposit limit of half a month’s rent, but most current sources, including Pet Deposits by State, report no statutory limit on pet deposits or security deposits. This article follows the majority view. This is general information, not legal advice, so confirm details with a Mississippi attorney or your local legal aid office.
What Is a Pet Deposit in Mississippi?
A pet deposit is a refundable sum a landlord holds on top of your regular security deposit when you move in with an animal. It is returned, minus deductions for actual pet damage, when you move out. Think of it as a second safety net aimed at scratched floors, chewed trim, and stained carpet.
Mississippi’s Residential Landlord and Tenant Act does not define “pet deposit” at all. The statute that governs deposits, Mississippi Code § 89-8-21, speaks only of security deposits. In practice, a pet deposit is a contract term, and the lease or pet addendum is what gives it meaning.
Does Mississippi Allow Landlords to Charge a Pet Deposit?
Yes. Landlords in Mississippi are allowed to collect an additional pet deposit. There is also no state law that forces a landlord to accept pets in the first place, so a “no pets” policy is legal.
One exception matters a great deal. Tenants with service dogs and emotional support animals are exempted from these charges. That exemption comes from federal law, which the sections below cover in detail.
If you are apartment hunting in Jackson, Gulfport, or Hattiesburg, expect to see a pet addendum in almost every lease packet. The local guide to pets in Mississippi apartments explains how much control landlords have over pet approval.
Maximum Pet Deposit in Mississippi
Mississippi has no statutory maximum. The state has no statutory limit on pet deposits or security deposits. A landlord can legally ask for $200, $500, or more, as long as it appears in the lease and you agree to it.
That does not make every number safe from challenge. Some sources describe the standard as a “reasonable” amount, and local ordinances may set limits even where the state does not. If a pet deposit looks wildly out of line with local rents, you can push back or ask for the policy in writing.
Older tenant guides sometimes report a half-month’s-rent cap. As the note above explains, that claim does not match what most current sources say about Mississippi.
Does a Pet Deposit Count Toward Mississippi’s Security Deposit Limit?
There is no security deposit limit to count toward. Mississippi doesn’t set a cap on how much landlords can charge for a security deposit. In states with a cap, a pet deposit often has to fit inside it. In Mississippi, the two amounts simply stack.
The practical question is how the lease labels the money. If your agreement lists a “security deposit” and a separate “pet deposit,” both are usually treated as refundable funds. If it lumps everything into one number, deductions for pet damage and ordinary move-out costs will come from the same pool.
Market practice for the base deposit is typically 1–2 months of rent, according to Hatchkeep’s Mississippi deposit summary (verified June 2026).
Pet Deposit vs. Pet Fee vs. Pet Rent in Mississippi
These three charges often get mixed up, and the difference decides whether you get money back. Mississippi law regulates none of them by name, so the label in your lease controls.
| Charge | How It Works | Refundable? |
|---|---|---|
| Pet Deposit | One-time sum held against pet damage | Yes, minus documented damage |
| Pet Fee | One-time payment at move-in | No |
| Pet Rent | Recurring monthly charge added to rent | No |
The local breakdown of landlord pet bans in Mississippi describes the same three-part structure: a refundable deposit, a one-time non-refundable fee, and monthly pet rent.
Pro Tip: Before signing, circle every pet-related dollar amount in the lease and ask which ones come back to you. A “deposit” that the lease calls non-refundable is really a fee, no matter the word used.
Are Pet Deposits Refundable in Mississippi?
A true pet deposit is refundable, less lawful deductions. A pet deposit is refundable and is meant to cover documented damage, similar to a security deposit on an apartment. If your pet caused no damage beyond normal wear and tear, you should get the full amount back.
Because the deposit falls under the same statute as your security deposit, the same return process applies. That means an itemized statement for anything withheld and a 45-day deadline, both covered later in this article.
Are Non-Refundable Pet Fees Legal in Mississippi?
Yes, in most cases. There is no Mississippi law forbidding non-refundable fees or limiting the amount that landlords can charge. Petdepositsbystate.com’s state rankings also list Mississippi as allowing non-refundable pet fees.
The key is clear drafting. One tenant-question page on JustAnswer describes a lease that called a $250 payment a “non-refundable pet deposit” and explained it as compensation for extra handling rather than damage. Language like that signals a fee, and courts generally look at what the contract actually says.
If a lease uses the word “deposit” but also says it is non-refundable, ask the landlord to clarify in writing. An ambiguous clause is the one most likely to end up in a dispute.
Can Landlords Charge a Pet Deposit for Service Animals and ESAs in Mississippi?
No. Service animals and emotional support animals (ESAs) are not treated as pets under federal fair housing rules. Landlords are not allowed to impose extra pet costs or deposits for them, even if every other tenant with a dog or cat pays a standard pet fee.
You are still responsible for harm the animal causes. You’re still liable for actual damage the animal causes, but the routine pet-fee line item doesn’t apply. A landlord may deduct real repair costs from your regular security deposit.
- Landlords cannot charge a pet deposit, pet fee, or pet rent for a service animal or ESA.
- Breed and weight limits do not apply to service animals.
- Tenants must still pay for actual damage beyond normal wear and tear.
- ESAs generally require proper documentation, such as a letter from a licensed provider.
For more on how ESA rights work in the state, see Pettable’s Mississippi ESA overview.
How Much Is a Typical Pet Deposit in Mississippi?
I could not find a reliable statewide average for Mississippi, and sources that quote one rarely show their data. What the research does show is that amounts vary widely by property and market. Typical practice pairs a refundable deposit with a smaller recurring monthly pet rent.
One real-world example from a tenant question: a lease asking for a $250 payment plus $20 per month per pet. That is one data point, not a benchmark, and it dates to 2023 or earlier.
For a realistic budget, call three or four properties in your area and ask for the full pet cost schedule, including any breed or weight restrictions. Pricing in Jackson’s metro area will differ from a small-town duplex or a coastal community like Biloxi.
Can a Landlord Charge a Pet Deposit and Pet Rent Together in Mississippi?
Yes. A pet deposit, monthly pet rent, and a separate non-refundable pet fee can all legally appear on the same lease at once. Nothing in the state’s landlord-tenant act prohibits stacking them.
That means your true first-year pet cost may be a deposit, a one-time fee, and twelve months of pet rent. Add those up before you compare apartments, since a low deposit can hide an expensive monthly charge.
Key Insight: When comparing listings, calculate the total pet cost over your lease term, not just the move-in amount. A $150 deposit with $40 monthly pet rent costs more over 12 months than a $400 deposit with no pet rent, and the deposit may come back to you.
Pet Deposits for Multiple Pets, Fish and Caged Pets in Mississippi
State law does not address how deposits scale with the number of animals, so each landlord sets the rule. Some charge one flat deposit, others charge per pet, and many cap the number of animals allowed. Pet rent is often charged per animal.
Fish and caged animals are a gray area. Many leases define “pet” broadly, and one local guide notes that most standard leases define “pet” broadly enough to cover anything beyond fish in a tank. A small aquarium is often exempt, while hamsters, reptiles, and birds may count.
Ask for the definition in writing. If you keep a rooster, hens, or other backyard birds, check the local rules too, since rooster laws in Mississippi and zoning limits can matter more than your lease.
What Can a Landlord Deduct From a Pet Deposit in Mississippi?
A pet deposit should only cover damage the pet caused. If a landlord collects a deposit identified as a “pet deposit,” the deposit must only be used for damage caused by the pet. That is the general rule described by iPropertyManagement, though Mississippi’s statute does not spell it out specifically.
For the security deposit itself, the statute is more specific. A landlord may claim amounts reasonably necessary for unpaid rent, repair of damage beyond ordinary wear and tear, cleaning upon termination, and other reasonable and necessary expenses caused by the tenant’s default.
- Typical pet-related deductions: carpet replacement or deep cleaning, repairs to scratched floors or doors, chewed baseboards, and odor treatment.
- Typically not deductible: faded carpet, minor scuffs, and other normal wear and tear.
Take dated photos and video at move-in and move-out. A written move-in condition report protects you if the landlord blames pet damage that was already there.
How Long Does a Landlord Have to Return a Pet Deposit in Mississippi?
The deadline is 45 days. The remaining portion of the deposit must be returned within 45 days after termination of the tenancy, delivery of possession, and demand by the tenant. The words “demand by the tenant” matter, so put your request and forwarding address in writing.
If the landlord keeps any part of the money, the landlord must provide written notice itemizing any amounts claimed. Mississippi does not require landlords to pay interest on deposits.
- Return all keys and document the unit’s condition on move-out day.
- Send a written demand for your deposit with a forwarding address.
- Count 45 days from the end of the tenancy and delivery of possession.
- Review any itemized statement against your photos and receipts.
Landlordstudio.com reports that a landlord who misses the deadline or skips the itemization without good faith can face a fine of not more than $200 in addition to any additional damages under § 89-8-21(4).
Can a Landlord Keep Your Pet Deposit Without Proof of Damage in Mississippi?
Not if the deposit is a true refundable deposit. The statute ties deductions to amounts that are reasonably necessary, and the landlord must itemize them in writing. A landlord who keeps your money with no itemization and no evidence is on weak ground.
If you are disputing a deduction, build a paper trail. Keep your lease, the pet addendum, move-in and move-out photos, and all messages with the landlord. Small claims court is the usual route. DepositHawk lists Mississippi’s small claims limit at $3,500 and the statute of limitations at 3 years, though you should verify those figures with your county court before filing.
The exception is a charge the lease clearly labels a non-refundable fee. Since Mississippi allows those, a landlord keeping a properly described fee is not holding your deposit hostage. The fight then becomes about how the lease described the payment.
Common Mistake: Tenants often skip the written demand and forwarding address. Without them, the 45-day clock may not start, and a landlord can argue they had no way to reach you.
Can a Landlord Raise the Pet Deposit or Change the Pet Policy Mid-Lease in Mississippi?
Generally no, not unilaterally during a fixed term. A lease is a contract, and the amounts you agreed to at signing hold until the term ends. A landlord who wants to add a new fee or raise a deposit mid-lease needs your agreement.
That changes at renewal or on a month-to-month tenancy, where the landlord can propose new terms with proper notice. You can accept the new terms or move out.
One caution: a lease provision that conflicts with the state Act may be unenforceable to the extent of the conflict, according to a Mississippi law firm’s tenant-rights overview. If a mid-lease change looks like a workaround to the deposit rules, get a legal opinion before paying.
Can You Negotiate a Pet Deposit in Mississippi?
Often, yes. With no state cap and wide landlord discretion, pet terms are a business decision, and independent owners tend to be more flexible than large property management companies. A good rental history gives you leverage.
- Offer a pet résumé: vet records, vaccination proof, spay or neuter status, and references from past landlords.
- Ask to swap a non-refundable fee for a fully refundable deposit.
- Propose a lower pet rent in exchange for a longer lease.
- Offer a renter’s insurance policy with pet liability coverage.
- Meet the landlord with your pet if possible.
Breed and weight restrictions are also set by landlords, not state law, so dogs often hit those limits before a deposit amount matters. If you own a restricted breed, our guides on pit bull laws, Rottweiler laws, and German Shepherd laws in Mississippi explain what rules apply beyond your lease.
Get every agreed change in writing and signed. Verbal promises about a deposit are hard to prove 45 days after move-out.
Mississippi’s pet deposit rules are simple to summarize: no cap, refundable deposits come back minus real damage, non-refundable fees are allowed, and service animals and ESAs are exempt from pet charges. Everything else lives in your lease. Read the pet addendum closely, document the unit’s condition, and put every request in writing. If a dispute reaches court, a clear paper trail will do more for you than any statute.