Q: In Arkansas, when should you take legal action against a landlord regarding a missing deposit?
As of Dec 31, 2023, my lease has been over and I vacated the rental property on Nov 27, 2023. Since a brief discussion on written notice (phrased confusingly in the rental agreement), I have not heard anything from my previous landlord. After a month with no deposit into my account, I reached out for an update on my deposit (what I would be getting back and when to expect it). I made initial contact on Feb 5, 2024 via text. In addition, I called (couldn't leave a voice mail due to a full inbox) and sent another text on Sat, Feb 10, 2024. I know the landlord has 60 days to return the deposit and if needed, an itemized list of what was deducted. Are there any specific steps I should take before I seek legal counsel to get my deposit back?
A: File suit against the exact entity that took your deposit. If there is a term in the lease, then breach of contract. If not, then conversion. But expect that the owner will claim damages to be surcharged against the deposit at trial. Collection of a judgment may require an attorney.
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