Arkansas Small Claims Court Guide for Renters
If you’re a renter in Arkansas dealing with unresolved disputes—like unreturned security deposits, property damage claims, or unpaid rent—small claims court may offer a simple, cost-effective solution. This guide explains how Arkansas renters can use small claims courts to resolve issues, what legal protections exist, and which official resources can help you through the process.
What Is Small Claims Court and When Should Renters Use It?
Small claims court is a special court where individuals can resolve minor legal disputes quickly and inexpensively, without needing a lawyer. Arkansas renters often use small claims court for:
- Getting back a security deposit after moving out
- Seeking reimbursement for repairs or damages
- Disputes about rent amounts or improper charges
In Arkansas, most small claims courts handle cases involving amounts up to $5,000. If your landlord refuses to return your deposit or address other financial issues, small claims can be effective.
Which Tribunal Handles Residential Tenancy Disputes in Arkansas?
In Arkansas, residential landlord-tenant disputes in small claims matters are handled by the Small Claims Division of the Arkansas District Courts.
Relevant Arkansas Tenant Laws
Your rights as a tenant and the court’s procedures come from the Arkansas Residential Landlord-Tenant Act of 2007 (Arkansas Code Title 18, Chapter 17) and Arkansas Small Claims Court rules1,2. It’s important for renters to review these statutes before filing.
Step-by-Step Guide: Filing in Arkansas Small Claims Court
Here are the typical steps for Arkansas renters to start a small claims action:
- Check your eligibility: Make sure your claim is $5,000 or less and related to your tenancy.
- Gather documentation: Collect lease agreements, communications with your landlord, receipts, photos, and records of your dispute.
- Fill out the required court form (see below).
- File your paperwork at the District Court serving the area where the rental property is located.
- Pay the required filing fee. If you can't afford the fee, you may request to file as an indigent party (see forms below).
- Serve notice to your landlord. The court clerk will help you arrange this, often via certified mail or process server.
Official Arkansas Small Claims Forms
-
Small Claims Complaint (Form SC-1)
Small Claims Complaint Form (SC-1)
Use this to start your case. Fill it out with your name, your landlord’s name, the amount you're seeking, and the facts of your dispute.
Example: A renter completing this form to sue for $1,000 security deposit not returned after moving out. -
Affidavit of Indigency
Affidavit of Indigency
Use this if you cannot afford the filing fee. Submit with your complaint to request a waiver based on financial need. -
Proof of Service Form
Proof of Service
After your landlord is served with the complaint, file this completed form showing notice was properly delivered.
Each form should be submitted to the District Court in the county where your rental property is located. For court contact information, see the District Court Directory.
What to Expect After Filing
After you file your complaint and serve your landlord, the court will assign a date for a hearing. At your hearing, both sides can present evidence and explain their side of the dispute. The judge will then make a decision, called a “judgment.”
If you win, you may still need to take further steps to collect the money awarded by the court. The clerk can explain post-judgment procedures.
Deadlines and Limits
Arkansas has a three-year statute of limitations for most contract claims, including most landlord-tenant matters. File your case as soon as possible after the dispute arises.
FAQ: Small Claims and Renters in Arkansas
- How much can I sue for in Arkansas small claims court?
The maximum claim amount for Arkansas small claims court is $5,000, excluding court costs and possibly interest. - Do I need a lawyer in small claims court?
No, parties must represent themselves—lawyers are not allowed to appear in most Arkansas small claims hearings. - What if I can’t pay the court filing fee?
You can submit an Affidavit of Indigency to request a waiver based on your financial situation. - Can I appeal a decision made in small claims court?
Yes, both parties may appeal a small claims judgment to the Circuit Court within 30 days of the decision.
Conclusion: Key Takeaways for Arkansas Renters
- Small claims court is a straightforward option for Arkansas renters seeking amounts up to $5,000 related to tenancy disputes.
- You can file your case using official forms—most renters represent themselves.
- Know your legal rights under the Arkansas Residential Landlord-Tenant Act and be prepared with documentation.
Understanding your rights and the correct process helps you seek fair resolution efficiently.
Need Help? Resources for Renters
- Arkansas District Court Small Claims Division – Overview and resources.
- Arkansas Small Claims Handbook – Step-by-step instructions for claimants.
- Center for Arkansas Legal Services: Housing Rights – Free civil legal help for eligible renters.
- Arkansas Residential Landlord-Tenant Act of 2007 (official text)
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