Fort Smith, AR asked in Landlord - Tenant for Arkansas

Q: In Arkansas any landlord decide to keep my security deposit based off a new tenant stating they smell smoke

Even though I didn't smoke.As well as the landlord herself was at location the day I was moving out I do not believe she came in that day but she was right at the door and she did not smell nothing video as well as my personal keys were accidentally locked inside the unit and when we return to get them there was four maintenance men that did not state they smelled smoke to her either but when she moved at the new tenant in a day or so later that tenant stated it to her and now she's trying to keep my security deposit for it

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1 Lawyer Answer
Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq.
Answered
  • Fort Smith, AR
  • Licensed in Arkansas

A: Arkansas Code Annotated § 18-16-305 specifically addresses refunds of security deposits. Subsection a(2) specifically requires any damages which are subtracted from the security deposit must be itemized and delivered to you in accordance with the remainder of the statute within 60 days of termination of the tenancy. Failure of the landlord to properly do this could result in "damages in an amount equal to two times the amount wrongfully withheld" plus costs and attorney's fees (laid out in A.C.A. § 18-16-306). If you have a written lease, it could also affect your rights regarding this. I'd recommend you speak with an attorney immediately to protect your interests.

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