Arkansas Lawsuit Deadlines for Renters: Time Limits to Sue Landlords
If you're renting in Arkansas and facing issues with your landlord—such as withheld security deposits, unresolved repairs, or illegal eviction—you may wonder how long you have to file a lawsuit. Understanding these key deadlines (called "statutes of limitations") is important, as missing them could mean losing your chance to get legal relief.
Understanding Lawsuit Time Limits for Renters in Arkansas
Each type of legal claim against a landlord in Arkansas has a specific time limit. If you want to take legal action—for example, to recover a security deposit or seek compensation for damages—these statutes of limitations set the deadline to file your case in court. This ensures claims are made while evidence and memories are fresh.
Common Reasons Renters Sue Landlords—and Their Time Limits
- Unreturned Security Deposit: Renters have 3 years to sue over not getting back a security deposit after their lease ends.[1]
- Property Damage, Breach of Lease, or Contract Claims: Most written contract disputes (like a landlord failing to make agreed repairs) have a 5-year deadline.[2]
- Personal Injury (e.g., Injuries on the Property): You must file these claims within 3 years of the injury.[3]
- Wrongful Eviction: Depending on the circumstances, claims about wrongful eviction typically fit under contract law (5-year deadline) or personal injury law (3-year deadline). Consult with legal aid for details.
These deadlines usually start from the date the incident occurred or when your landlord failed to act as required by law or lease agreement.
Where to File Renter-Landlord Disputes in Arkansas
Arkansas does not have a dedicated residential tenancy board. Instead, tenant-landlord disputes are typically handled by local Arkansas District Courts. These courts consider cases involving eviction, security deposits, damages, and lease violations.
Relevant Arkansas Legislation
- Arkansas Residential Landlord-Tenant Act of 2007 (security deposits and landlord responsibilities)
- Arkansas Statutes of Limitations - Title 16, Chapter 56 (deadlines for different claims)
Required Court Forms for Renters
Renters in Arkansas often need to use the following forms when filing against a landlord in court:
-
Small Claims Complaint (Form): Used to start a lawsuit for money damages (such as an unreturned deposit) if the amount is $5,000 or less. Fill this form out and file it in your local district court.
Example: If your landlord refuses to return your deposit, complete the Small Claims Complaint and submit it with the filing fee at the courthouse. Find the Small Claims Complaint and instructions here.
If you want to stop a wrongful eviction, you'll use an "Answer to Unlawful Detainer"—another court document to present your side of the story in eviction proceedings. See Arkansas Civil Forms here.
Practical Steps for Renters: What to Do if You Have a Claim
- Check the Date: Make sure your issue is within the correct statute of limitations.
- Gather Evidence: Collect your lease, correspondence, photos, and payment records supporting your claim.
- Complete the Right Court Form: For claims under $5,000, use the Small Claims Complaint. For other disputes, consult your local court clerk.
- File in the Correct Court: Most cases go through your city or county's district court.
- Serve Notice to the Landlord: Court staff will instruct you on notifying, or "serving," the landlord after filing.
Don't wait until the last minute. Preparing early improves your chances and reduces stress.
FAQ: Time Limits and Legal Actions for Renters
- How long do I have to sue my landlord for not returning my security deposit in Arkansas?
You have 3 years after your lease ends to file a claim related to your security deposit. - What if my landlord broke a written lease agreement?
If you believe your landlord breached a written contract, such as not making repairs promised in your lease, you generally have 5 years to file suit. - Can I take my landlord to small claims court for under $5,000?
Yes, Arkansas district courts allow renters to file small claims (like for deposit disputes) where the amount sought is $5,000 or less using the Small Claims Complaint Form. - Who decides rental disputes in Arkansas?
Rental disputes are usually resolved by judges in Arkansas District Courts, as there is no statewide tenant tribunal. - What should I do if I miss the time limit?
If your claim is past the statute of limitations, the court is likely to dismiss your case. Contact legal aid to discuss your options.
Need Help? Resources for Renters
- Legal Aid of Arkansas: Free or low-cost legal help for renters
- Arkansas District Courts: Where to file tenant-landlord disputes statewide
- Arkansas Attorney General—Landlord Tenant Information: Official rental rights and complaint steps
- Arkansas Legislature: Access Arkansas legal codes and tenant laws
- Arkansas Residential Landlord-Tenant Act of 2007, Ark. Code Ann. § 18-17-701 (Security Deposits). See security deposit law.
- Arkansas Code, Statute of Limitations, Ark. Code Ann. § 16-56-111 (Written Contracts—5 years). See limitation rules.
- Arkansas Code, Ark. Code Ann. § 16-56-105 (Personal Injury—3 years). Read details here.
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