Civil Code sets a limit on how much a landlord may charge you for a security deposit. In most circumstances, landlords can charge up to two months’ rent. Once you leave your rental, this security deposit must be returned to you within 60 days.

You can expect to get your full security deposit back unless you’ve damaged the property beyond normal wear and tear or failed to pay rent.

It can be difficult to figure out exactly what rights you have and how the Civil Code applies to your situation. Why not let

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help? Read on to find out everything you need to know about Arkansas security deposit laws.

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What is Arkansas law on security deposits?

A security deposit is a down payment a renter pays to a landlord to secure a rental unit. This money is kept by the landlord until the renter moves out.

This money serves several purposes. It tells the landlord that the renter is serious about the property and covers any damages the renter may cause to the property.

Arkansas Code

Title 18, Property § 18-16-305

enforces limits on how much landlords can charge for security deposits depending on the type of rental property involved.

What is the maximum security deposit a landlord can charge in Arkansas?

Arkansas landlords can charge up to two months’ rent for security deposits if they own more than six rental units. If the landlord owns six or fewer units, there is no limit to how much they can charge for a security deposit.

The reason behind this law is that landlords with fewer units experience a greater financial loss if a tenant fails to pay rent or damages the unit such that expensive repairs are needed. For this reason, landlords with few rental units can charge higher amounts for security.

Before you sign on the dotted line, make sure you ask what security deposit is required for your rental unit: if your deposit is two months’ rent, you’ll need to have three months’ rent on hand at move-in.

How long does a landlord have to return a security deposit in Arkansas?

Arkansas landlords are required to return your security deposit within 60 days after your tenancy ends. This applies to every landlord, regardless of how many units they own.

It is a smart idea to give your landlord your new address and information before you leave so they may pass along your security deposit or reach you in case of problems with the payment.

What can a landlord withhold a security deposit for in Arkansas?

The Arkansas code sets legal limits for why a landlord may withhold a security deposit from a former tenant. Here are the two reasons why a landlord can withhold your deposit:

You leave with outstanding rent payments due

You cause damage to the rental unit beyond normal wear and tear

If the landlord deems that either of these situations has occurred, they must send you a written, itemized list with either the unpaid rent or the price of damages. They may only withhold the amount of money claimed on this list.

If the items on the list add up to more than your security deposit, you will receive no money back.

Beware—landlords in Arkansas cannot charge you for normal wear and tear to the apartment. Your security deposit cannot be withheld for minor dings or scratches, but you should expect a deduction if you’ve punched a hole in the wall or spilled red wine all over the carpet.

Key Takeaway A landlord in Arkansas can withhold part or all of your security deposit if you cause damage to the apartment or fail to pay rent.

MORE: How to find the best renters insurance

How to get your security deposit back in Texas

In most cases you do not need to do anything to get your security deposit returned to you. The landlord is legally required to return your money within 60 days.

If you do not receive your money (either in full or minus deductions) within this period, the best course of action is to first contact your landlord. It’s possible that there was a minor mix-up and the landlord wrote down the wrong forwarding address.

If the landlord refuses to send back your security deposit or claims you’ve damaged the apartment when you didn’t, you may have to take them to small claims court.

Before you leave your apartment, it’s a good idea to take pictures of every room and appliance. Should your landlord claim that the apartment has damage, it could be beneficial to have your own pictures on hand to either corroborate or disprove this claim.

MORE: How to find a good car insurance lawyer

How to save money on car and renters insurance in Arkansas

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FAQs

Can I use my security deposit as the last month’s rent in Arkansas?

No. Unless you and your landlord come to a separate agreement, you cannot use your security deposit to cover your last month’s rent.

Can a landlord charge for carpet cleaning in Arkansas?

Landlords can only withhold your security deposit for unpaid rent or significant damage done to the apartment. You should not have a portion of your security deposit deducted for routine carpet cleaning.

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