How Long Does a Landlord Have to Return a Security Deposit in Arkansas?
A covered Arkansas landlord has 60 days after the tenancy ends and the tenant delivers possession to return the security deposit or mail an itemized notice. Here is when the count starts, how mailing works and what a landlord owes if it does not comply.
What is the Arkansas deadline to return a security deposit?
Within sixty days of termination of the tenancy, property or money held by the landlord as security must be returned to the tenant (Ark. Code 18-16-305(a)). The landlord may apply it to accrued unpaid rent and to damages from the tenant’s noncompliance with the rental agreement, all itemized in a written notice delivered with the remainder 60 days after termination of the tenancy and delivery of possession. The Arkansas security deposit return deadline calculator turns your move-out date into the deadline.
When do the 60 days start?
The statute counts from the termination of the tenancy and, for the itemized notice, from delivery of possession by the tenant, so both events matter. A tenant who hands back the keys on October 31 under a lease that has already ended starts the count on October 31, and the 60th day is December 30. If the lease runs past the day you leave, use the later date. The statute does not say what happens when the 60th day falls on a weekend or holiday, so plan for the earlier business day.
Does the landlord have to hand-deliver the refund?
No. The landlord is deemed to have complied by mailing the written notice and any payment by first class mail to the tenant’s last known address (305(b)(1)). A refund can reach you after the 60th day and still be timely if it was mailed in time. Keep the envelope and any postmark, and check the date.
What if the payment is returned?
If the letter containing the payment is returned to the landlord and the landlord is unable to locate the tenant after reasonable effort, the payment becomes the property of the landlord 180 days from the date it was mailed (305(b)(2)). That is why it matters to keep your address current with the landlord.
What happens if the landlord does not comply?
The tenant may recover the property and money due, damages in an amount equal to two times the amount wrongfully withheld, costs and reasonable attorney’s fees (18-16-306(a)(1)). However, the landlord is liable only for costs and the sum erroneously withheld if it shows by a preponderance of the evidence that its noncompliance resulted from an error despite procedures reasonably designed to avoid such errors, or was based on a good faith dispute as to the amount due (306(a)(2)). For example, if a landlord wrongly keeps $600, the tenant may recover the $600 and $1,200 in damages, plus costs and fees, unless the good faith exception applies.
Does the deadline apply to every landlord?
No. The subchapter does not apply to dwelling units owned by an individual who, with a spouse, minor children and related entities, owns five or fewer dwelling units, and the exemption does not apply to units managed by third persons for a fee (18-16-303). If your landlord is a small, self-managed owner, ask a licensed Arkansas attorney which rules govern.
Who is bound if the property is sold?
The transferee, assignee or other holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by the subchapter (18-16-302).
Frequently asked questions
How many days does an Arkansas landlord have to return a deposit?
Sixty days after the tenancy ends and the tenant delivers possession.
Is mailing the refund on day 60 enough?
Yes. First class mail to the tenant’s last known address counts as compliance.
What does a landlord owe if it does not comply?
The money due, 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.
Does a small landlord have to follow the 60-day rule?
Not if the owner and family own five or fewer units and manage them without a paid third party.
Can I lose my deposit if my address is wrong?
If the landlord mails the payment, it is returned and the landlord cannot locate you after reasonable effort, the payment becomes the landlord’s 180 days after mailing.
Official sources
- Ark. Code 18-16-305: refund required; exceptions
- Ark. Code 18-16-306: actions by tenant
- Ark. Code 18-16-303: exemption for certain dwelling units
- Ark. Code 18-16-302: transferee bound
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.