Arkansas Security Deposit Demand Letter
In Arkansas a landlord must return your deposit, or an itemized written notice of deductions, within 60 days. A landlord who wrongfully withholds can owe two times the amount plus costs and attorney's fees. Attorney review available.
Introduction
A security deposit demand letter is a written demand an Arkansas tenant sends a former landlord to recover a security deposit that has not been returned, before filing suit. In Arkansas the landlord must return the deposit within 60 days of termination of the tenancy and delivery of possession, or apply it to accrued unpaid rent and any damages from the tenant's noncompliance with the rental agreement, all itemized in a written notice delivered to the tenant with the remaining balance within the same 60 days (Ark. Code Ann. 18-16-305(a)(1)-(2)). The landlord is deemed to comply by mailing the written notice and any payment first class to the tenant's last known address (18-16-305(b)(1)). If the landlord fails to comply, the tenant may recover the property and money due, damages equal to two times the amount wrongfully withheld, costs, and reasonable attorney's fees, unless the landlord proves the noncompliance was a procedural error or a good-faith dispute as to the amount due, in which case the landlord owes only costs and the sum erroneously withheld (Ark. Code Ann. 18-16-306). The subchapter does not apply to an owner of five or fewer dwelling units who does not use third-party fee management (18-16-303). If the demand is ignored, an Arkansas deposit claim is usually filed in the small claims division of district court, where the filing fee is $50 (Ark. Code Ann. 16-17-705), and the deadline to sue on a written lease is five years (Ark. Code Ann. 16-56-111). DocDraft builds your Arkansas security deposit demand letter from your facts, with attorney review available before you send it.
Key Things to Know
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A security deposit demand letter is a written demand an Arkansas tenant sends a former landlord to recover a deposit withheld past the state deadline, before filing suit.
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The landlord must return the deposit, or deliver an itemized written notice of deductions with the remaining balance, within 60 days of termination of the tenancy and delivery of possession; mailing first class to the tenant's last known address is deemed compliance (Ark. Code Ann. 18-16-305(a)(1)-(2), (b)(1)).
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A landlord may apply the deposit only to accrued unpaid rent and to any damages the landlord suffered by reason of the tenant's noncompliance with the rental agreement, all itemized in the written notice (Ark. Code Ann. 18-16-305(a)(2)).
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A landlord may not demand or receive a security deposit exceeding two months' periodic rent (Ark. Code Ann. 18-16-304).
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The Arkansas security-deposit subchapter does not apply to an individual who, with spouse and minor children and any entities they control, owns five or fewer dwelling units, unless a third party manages the units, including rent collection, for a fee (Ark. Code Ann. 18-16-303).
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If the landlord fails to comply, the tenant may recover the property and money due, damages equal to two times the amount wrongfully withheld, costs, and reasonable attorney's fees, unless the landlord proves a procedural error or a good-faith dispute as to the amount due, in which case only costs and the sum erroneously withheld are owed (Ark. Code Ann. 18-16-306).
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An Arkansas deposit claim is usually filed in the small claims division of district court, where the filing fee is $50 (Ark. Code Ann. 16-17-705); the deadline to sue on a written lease is five years (Ark. Code Ann. 16-56-111).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
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Arkansas Requirements for Security Deposit Demand Letter
An Arkansas landlord must return the deposit, or deliver an itemized written notice of any deductions with the remaining balance, within 60 days of termination of the tenancy and delivery of possession (Ark. Code Ann. 18-16-305(a)(1)-(2)). Mailing the notice and any payment first class to the tenant's last known address is deemed compliance (18-16-305(b)(1)). Your demand letter should state that this deadline has passed.
An Arkansas landlord who keeps any part of the deposit must itemize the deductions in a written notice delivered to the tenant, together with the remaining balance, within the 60-day period (Ark. Code Ann. 18-16-305(a)(2)). A missing or vague itemization can make the deductions improper.
An Arkansas landlord may apply the deposit only to accrued unpaid rent and to any damages the landlord suffered by reason of the tenant's noncompliance with the rental agreement, all itemized in the written notice (Ark. Code Ann. 18-16-305(a)(2)). Deductions outside these categories can be disputed.
An Arkansas landlord may not demand or receive a security deposit, however denominated, in an amount or value exceeding two months' periodic rent (Ark. Code Ann. 18-16-304). A deposit above the cap can be challenged.
The Arkansas security-deposit subchapter does not apply to an individual who, with spouse and minor children and any entities they control, owns five or fewer dwelling units, unless a third party manages the units, including rent collection, for a fee (Ark. Code Ann. 18-16-303). Confirm how many units the landlord owns before relying on the deadline or the remedy.
If an Arkansas landlord fails to comply, the tenant may recover the property and money due, damages equal to two times the amount wrongfully withheld, costs, and reasonable attorney's fees (Ark. Code Ann. 18-16-306). The double-damages penalty does not apply if the landlord proves the noncompliance was a procedural error or a good-faith dispute as to the amount due, leaving only costs and the sum erroneously withheld.
Give the landlord your forwarding address and send the demand using a trackable method such as certified mail with return receipt. Keep a copy of the letter and the delivery record for a later Arkansas court filing.
An Arkansas deposit claim is usually filed in the small claims division of district court, where the filing fee is $50 (Ark. Code Ann. 16-17-705); Arkansas district courts hear civil claims up to $25,000 under Supreme Court Administrative Order 18. The deadline to sue on a written lease is five years (Ark. Code Ann. 16-56-111), though filing promptly after the demand is the practical course.
Frequently Asked Questions
It is a written demand an Arkansas tenant sends a former landlord to recover a security deposit the landlord did not return within the 60 days that Ark. Code Ann. 18-16-305(a)(1) allows. The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date. It documents that you asked for the deposit before filing suit, and it can note the remedy under 18-16-306 of two times the amount wrongfully withheld plus costs and reasonable attorney's fees.
An Arkansas security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. Filing suit is a formal step, usually taken after the demand is ignored; a deposit claim is often brought in the small claims division of district court, where the filing fee is $50 (Ark. Code Ann. 16-17-705). The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you tried to settle first.
An Arkansas landlord must return the deposit, or deliver an itemized written notice of any deductions along with the remaining balance, within 60 days of termination of the tenancy and delivery of possession (Ark. Code Ann. 18-16-305(a)(1)-(2)). The landlord is deemed to comply by mailing the written notice and any payment first class to the tenant's last known address. If 60 days pass with no deposit and no proper notice, a demand letter is the usual next step.
If an Arkansas landlord fails to comply, the tenant may recover the property and money due, damages equal to two times the amount wrongfully withheld, costs, and reasonable attorney's fees (Ark. Code Ann. 18-16-306). The double-damages penalty does not apply if the landlord proves by a preponderance of the evidence that the noncompliance was a procedural error or a good-faith dispute as to the amount due, in which case the landlord owes only costs and the sum erroneously withheld.
An Arkansas landlord may apply the deposit only to accrued unpaid rent and to any damages the landlord suffered by reason of the tenant's noncompliance with the rental agreement, all itemized in a written notice delivered to the tenant (Ark. Code Ann. 18-16-305(a)(2)). Deductions outside these categories, or deductions taken without the itemized written notice, can be disputed in your demand letter.
No. The Arkansas security-deposit subchapter does not apply to an individual who, together with spouse and minor children and any entities they control, owns five or fewer dwelling units (Ark. Code Ann. 18-16-303). That exemption is lost if a third party manages the units, including rent collection, for a fee. If your Arkansas landlord is exempt, the 60-day return duty and the double-damages remedy may not apply, so confirm how many units the landlord owns before you rely on them.
An Arkansas deposit claim is usually filed in the small claims division of district court, where the filing fee is $50 (Ark. Code Ann. 16-17-705); Arkansas district courts hear civil claims up to $25,000 under Supreme Court Administrative Order 18. A deposit claim can include the sum wrongfully withheld plus two times that amount, costs, and reasonable attorney's fees under Ark. Code Ann. 18-16-306. The deadline to sue on a written lease is five years (Ark. Code Ann. 16-56-111).
An Arkansas demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your forwarding address, and note that the 60-day deadline under Ark. Code Ann. 18-16-305(a)(1) has passed. It should dispute any improper deductions, state the exact amount owed, and demand payment by a specific date, adding that a failure to comply exposes the landlord to two times the amount wrongfully withheld plus costs and reasonable attorney's fees under 18-16-306.