Can You Get Your Security Deposit Back As An Arkansas Renter?
In 2019, approximately 36% of US residents were renters. Rental properties can come with a host of problems, but one of the most difficult issues between landlords and renters can be the security deposit.
When you initially sign for a lease, the landlord will require a security deposit. This deposit is a safeguard for landlords — if the tenant damages the property outside of typical wear and tear, the landlord uses the security deposit to fix these issues, without the hassle of taking a tenant to court.
However, Arkansas law has specific rules regarding landlord and tenant relationships, including the return of the security deposit. So if you are one of the millions of Americans renting, here's what you should know about property laws in Arkansas.
The Ins and Outs Of Renting In Arkansas
Are you a new Arkansas resident or first-time renter? While each state has different laws regarding landlord and tenant relations, it’s important to know your legal rights as a tenant in Arkansas, before and after you reside in the rental property. Today, we are focusing on the tenant’s right to their security deposit.
Lease Signing And Security Deposit Payment
Most, if not all, landlords will require a security deposit upon the initial lease signing. Depending upon the legal properties that the landlord owns, a landlord cannot ask for more than 2 months of rent for the security deposit. So, if your monthly rent is $1,000, your landlord cannot legally require more than $2,000 for a security deposit.
However, this law only applies to landlords that have more than 6 rental properties. Regardless of the rental properties your landlord has, as a renter, you need to cover yourself prior to move in:
- Take pictures of the property before you officially move in
- Review your rental agreement
- Ensure that the landlord did not ask for more than 2 months of rent in the security deposit (if they have 6 or more rental properties)
Taking dated pictures is crucial — if you need to go to court, you have proof of how the rental property looked prior to moving in. Additionally, some rental agreements include statements like “no holes in the wall,” so if you use nails to hang pictures, that could be an additional charge taken from your security deposit.
Moving Out And Receiving Your Security Deposit Back
Upon move out, your landlord has 60 days to provide your security deposit back, minus any damages that were found. Now, most renters don’t expect to get their entire deposit back, but sometimes, the return is questionable. Did you really do enough damage to merit little to no security deposit return?
Before you leave the property, take final pictures of the entire rental. This allows you to have pictures of before you moved in and after, which will help if your landlord/tenant relationship ends in court.
In the state of Arkansas, the landlord is required to provide an itemized list of all the deductions from the security deposit. But if you were never behind on rent payments and you didn’t cause significant damage, then you should receive a portion of your security deposit back.
Just remember, your previous landlord needs your new address to send the security deposit. If you do not inform them of your new address, after 180 days, the landlord can keep the deposit.
When You Need Legal Assistance For Rental Issues, Hickey & Hull Can Help
Whether you are a renter or a landlord, legal issues can arise at any time. No matter where you stand, the professionals at Hickey & Hull can guide you through your court case.
Don’t waste time — contact our offices at (479)-802-6560 today and set up your initial consultation. Our lawyers are here to help you receive the compensation you deserve.