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

Related Topics:
1 Lawyer Answer
Joshua W. Bugeja
Joshua W. Bugeja
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.