Small Claims Court Arkansas Security Deposit: How to Sue Your Landlord

The 60-Day Return Rule

For rentals covered by A.C.A. § 18-16-305, your landlord has 60 days after lease termination and delivery of possession to return your security deposit or, if withholding any amount, send you an itemized list of deductions and return any balance owed. The Act exempts dwelling units owned by an individual when that individual, the individual's spouse and minor children, and any entities formed to rent dwelling units in which they are officers, owners, or majority shareholders collectively own five or fewer units. The exemption does not apply when a third person manages the units, including rent collection, for a fee (A.C.A. § 18-16-303). The clock starts after both lease termination and delivery of possession.

For a covered rental, if day 61 arrives and you have received nothing — no deposit, no itemized statement, no communication — you have a cause of action. That is when you can file.

If the landlord sent an itemized statement but the deductions are unreasonable or fabricated, you can still challenge those deductions in Small Claims Court.

Confirm Your Claim Fits

Security deposit disputes are one of the most common small claims filings in Arkansas. They fit the Small Claims Division as long as the amount is $5,000 or less (the deposit itself, not the rent). The court handles monetary recovery — if you also want your landlord evicted from a property they owe you, that goes elsewhere.

Check the statute of limitations: property damage and oral contract claims in Arkansas have a 3-year deadline. Written lease claims have 5 years. Since most deposit disputes arise from a written lease, you generally have 5 years from the date the landlord failed to return the deposit.

Evidence That Wins Deposit Cases

The strongest deposit cases come down to documentation. Before you file, make sure you have:

The lease agreement — Shows the deposit amount, the move-in date, and the terms for return. If the lease says "non-refundable deposit," that changes your claim.

Move-in and move-out photos — Timestamped photos of the unit's condition when you moved in and when you moved out. Before-and-after comparisons are the most persuasive evidence a judge sees in deposit disputes.

The demand letter and proof of delivery — After the 60-day window closes, send a demand letter via certified mail referencing A.C.A. § 18-16-305. Keep the green return receipt card.

Communication records — Emails, texts, or letters between you and the landlord about the deposit, move-out condition, or deductions. Print everything.

Receipts for cleaning or repairs you did — If you cleaned the unit, hired a cleaner, or repaired any damage before moving out, keep those receipts. They counter deduction claims.

The landlord's deduction statement — If the landlord sent one. Compare each claimed deduction against your photos and records.

Filing the Case

File in the district court department serving where the landlord resides, where the lease was executed, negotiated, or is to be performed, or where the property damage occurred. The base filing fee is $30 to $65 depending on the court. You will also pay for service of process.

Name the landlord correctly on the complaint. If the landlord is an individual, use their full legal name. If they operate through a property management company or LLC, search the Arkansas Secretary of State for the exact registered name and the registered agent.

In the complaint, state the deposit amount, the move-out date, the 60-day deadline, and that the landlord failed to return the deposit or provide a proper itemized statement. Attach a copy of the lease and your demand letter.

At the Hearing

Bring three copies of everything. Walk the judge through the timeline: move-in condition, move-out condition, the 60-day deadline, your demand letter, and the landlord's response (or lack of one).

If the landlord claims deductions, compare the stated reasons and supporting records with your own evidence. Vague claims like "cleaning" or "paint" without receipts or photos of actual damage may be challenged.

Judges in Arkansas deposit cases want to see that you left the unit in reasonable condition (not perfect — reasonable) and that the landlord either failed to return the money or made deductions that are not supported by evidence.

Our Arkansas small claims filing guide covers the entire deposit recovery process — from calculating the 60-day deadline through collecting the judgment — with checklists for every stage.

See more Arkansas guides →