Get Your Full Security Deposit Back in Arkansas: A Step-by-Step Guide

Moving out of a rental in Arkansas? Whether you're ending your lease or just relocating, getting your full security deposit back is likely at the top of your priority list. Arkansas law sets out clear steps and requirements for both landlords and renters related to security deposits. Understanding your rights and responsibilities will help make this process smoother and increase your chances of a full refund.

What Arkansas Law Says About Security Deposits

In Arkansas, most security deposit rules for residential rentals are covered under the Arkansas Residential Landlord-Tenant Act (AR Code Title 18, Chapter 17)^[1]. This law outlines how security deposits must be collected, managed, and returned.

• Landlords who own or manage six or more properties must comply with security deposit rules.
• The security deposit cannot exceed two months’ rent.
• Deposits must be returned within 60 days after the renter moves out and returns possession of the unit.

How to Maximize Your Security Deposit Refund

Following these steps can help ensure you get back as much of your security deposit as possible when you move out.

1. Give Proper Written Notice

Review your lease agreement, as Arkansas law does not specify a minimum notice unless required by your rental contract. Most leases require 30 days’ written notice before moving out.

• Email or hand-deliver notice if possible for a record.
• Keep a copy of your notice and any response from your landlord.

2. Schedule a Move-Out Inspection

Arkansas law does not require landlords to perform a move-out inspection, but you can request one in writing for documentation.

• Document the condition of the unit before and after cleaning.
• Take dated photos or videos of each room, appliances, walls, and floors.

3. Clean and Repair

Return the property in the same condition as when you moved in, minus any normal wear and tear.

• Remove all personal belongings.
• Clean thoroughly, including appliances, bathrooms, and carpets.
• Repair damage you caused (e.g., patch nail holes, replace broken blinds).

4. Return All Keys and Provide Forwarding Address

To avoid extra charges or delays, hand over all keys or access cards and give your landlord a forwarding address for the deposit refund and itemized statement.

5. Know What Deductions Are Legal

Your landlord can deduct for:

• Unpaid rent or utilities
• Damage beyond normal wear and tear
• Cleaning costs if the unit is left excessively dirty

You have the right to receive an itemized written list of deductions if any amount is withheld. This must be provided within 60 days along with the remaining balance of your deposit. For details, see the Arkansas Code regarding security deposit disposition^[2].

What to Do If You Don’t Get Your Deposit Back

If you don’t receive your deposit or an itemized list of deductions within 60 days, Arkansas law allows you to take action.

• Contact your landlord in writing to request the deposit and deductions list.
• If there is no response, you may file a claim in Arkansas Small Claims Court.

You do not need a lawyer to file a small claims case in Arkansas. The maximum amount you can claim is $5,000.

Required Official Form: Small Claims Complaint (Form AOC 34)

• Form name: Complaint (Form AOC 34)
• When to use: If your landlord fails to return your deposit or provide an itemized statement within 60 days after you move out, you can complete and file this form in the county district court where the rental is located.
• Official source: Arkansas Judiciary Civil Forms (look for 'AOC 34 - Complaint, Small Claims')

Example: Jane moves out and waits 65 days but receives nothing from her landlord. She fills out Form AOC 34 and submits it at her local district court to claim the deposit.

Arkansas Tribunal for Tenancy Complaints

Residential tenancy disputes, including security deposit claims, are handled by Arkansas District Courts (Small Claims Division).

FAQ: Security Deposit Returns in Arkansas

1. How long does my landlord have to return the security deposit in Arkansas?
   The law requires landlords to return your deposit within 60 days after you move out and surrender the unit.
2. Can my landlord deduct for normal wear and tear?
   No, deductions can only be made for damages that go beyond normal wear and tear, or for unpaid rent and cleaning if the unit is excessively dirty.
3. What if I didn’t provide my forwarding address?
   Your landlord should make a reasonable effort to contact you, but if they cannot find you after good faith effort, they may keep the deposit. Always provide your new address in writing.
4. Do I need to use a specific form to ask for my deposit back?
   No special form is needed to request your deposit, but if filing in small claims court, use Form AOC 34 - Complaint.
5. Can my landlord keep my deposit for unpaid utilities?
   Yes, if you left unpaid utility bills that were your responsibility under the lease, your landlord may deduct these from your deposit.

Key Takeaways for Arkansas Renters

• Provide written notice, return keys, and leave your rental clean and undamaged for the best chance of a full security deposit refund.
• Your landlord must return your deposit within 60 days or provide a written list of legal deductions.
• If your deposit is withheld unfairly, you can take your case to small claims court using the official complaint form.

With preparation and documentation, Arkansas renters can confidently take steps to protect their security deposit.

Need Help? Resources for Renters in Arkansas

• Arkansas District Court Locator (Small Claims Information)
• Arkansas Attorney General: Landlord & Tenant Rights Guide (PDF)
• Arkansas Legal Services (Free legal assistance for qualifying renters)
• Arkansas General Assembly (Access to all current Arkansas Codes)

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1. See Arkansas Residential Landlord-Tenant Act (AR Code Title 18, Chapter 17)
2. Full statutory details: Disposition of security deposits – AR Code § 18-16-305 (2023)

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