Arkansas Security Deposit Deductions: What a Landlord Can Keep and Must Itemize
Arkansas lets a landlord apply a deposit to unpaid rent and to damage from the tenant’s noncompliance, itemized in a written notice. Here is what the statute allows and what it leaves open.
What can an Arkansas landlord deduct from a deposit?
The money held as security may be applied to the payment of accrued unpaid rent and any damages which the landlord has suffered by reason of the tenant’s noncompliance with the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant, together with the remainder of the amount due (Ark. Code 18-16-305(a)(2)). Two buckets, then: unpaid rent and damages that come from the tenant breaking the rental agreement.
Which tenant duties does the statute point to?
Section 18-17-601 requires a tenant to comply with building and housing code obligations affecting health and safety, keep the dwelling unit and the part of the premises used reasonably safe and clean, dispose of waste in a reasonably clean and safe manner, keep plumbing fixtures reasonably clean, use facilities and appliances in a reasonable manner, not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises, and comply with the lease and enforceable rules (18-17-601). Damage that traces to one of those duties or to a lease term fits the statute.
Does Arkansas mention normal wear and tear?
The deposit section does not use the phrase. It ties deductions to damages the landlord suffered by reason of the tenant’s noncompliance with the rental agreement, and section 601 prohibits deliberate or negligent damage. The text we read does not describe ordinary aging as noncompliance, but a court decides each dispute on its facts, so ask a licensed Arkansas attorney about yours.
What must the itemized notice contain?
It must be a written notice that itemizes the accrued rent and the damages, delivered with the remainder of the deposit within the 60 days (305(a)(2)). The statute does not list line items, but “itemized” means each deduction with its amount, so a bare total does not fit. Use the deposit deadline calculator to find the date it is due.
Can the landlord recover more than the deposit?
Yes. The section on tenant actions says it does not preclude the landlord or tenant from any other relief to which either may be lawfully entitled (18-16-306(b)), and in an eviction case the landlord may recover actual damages and, in certain cases, reasonable attorney’s fees (18-17-701(c)).
What if a deduction is wrong?
If the landlord fails to comply with the subchapter, the tenant may recover the money due, two times the amount wrongfully withheld, costs and reasonable attorney’s fees, unless the landlord shows an error despite reasonable procedures or a good faith dispute (306). Keep your lease, move-in and move-out photographs and any itemized notice.
A checklist for tenants
Compare the itemized notice with the lease and your move-in photographs; ask for invoices behind each charge; keep the envelope and its postmark; and, if you disagree, put it in writing and talk to a licensed Arkansas attorney before the claim goes stale. A landlord that fails to comply can owe two times the amount wrongfully withheld, costs and reasonable attorney’s fees unless it shows an error despite reasonable procedures or a good faith dispute (18-16-306).
A checklist for landlords
Limit deductions to accrued unpaid rent and damages from the tenant’s noncompliance with the rental agreement; itemize each in a written notice delivered with the remainder; mail it by first class mail to the last known address within 60 days; keep receipts and proof of mailing; and keep written procedures, because the statute’s good faith defense depends on showing procedures reasonably designed to avoid errors.
Frequently asked questions
What can an Arkansas landlord take out of a security deposit?
Accrued unpaid rent and damages the landlord suffered because of the tenant’s noncompliance with the rental agreement.
Does the landlord have to itemize deductions?
Yes, in a written notice delivered to the tenant with the remainder of the deposit.
Is normal wear and tear mentioned in the Arkansas deposit statute?
The deposit section does not use the phrase; it ties deductions to damages from noncompliance with the rental agreement.
Can the landlord charge for damage that costs more than the deposit?
Yes. The statute does not preclude either side from other relief it is lawfully entitled to.
Where are the tenant duties written?
In Ark. Code 18-17-601, Tenant to maintain dwelling unit.
Official sources
- Ark. Code 18-16-305: refund required; exceptions
- Ark. Code 18-16-306: actions by tenant
- Ark. Code 18-17-601: tenant to maintain dwelling unit
- Ark. Code 18-17-701: noncompliance; landlord remedies
A local landlord-tenant attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Arkansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arkansas attorney.