What is the amount that a tenant can sue for failure of the Landlord to return security deposit?
Full Question:
What is the amount that a tenant can sue for failure of the Landlord to return security deposit in a timely manner, meaning more than 30 days. Including filing fees, court cost, and attorney fees?
12/03/2007 |
Category: Landlord Ten... ยป Security Dep... |
State: Arkansas |
#13291
Answer:
The following are Arkansas statutes:
18-17-501. Security deposits — Prepaid rent.
(a)
(1) Upon termination of the tenancy, property or money held by the
landlord as security must be returned less amounts withheld by the
landlord for accrued rent and damages that the landlord has suffered by
reason of the tenant's noncompliance with this subchapter.
(2) The tenant shall provide the landlord in writing with a forwarding
address or new address to which the written notice and amount due from
the landlord may be sent.
(3) If the tenant fails to provide the landlord with the forwarding or
new address, the tenant is not entitled to damages under this subsection
provided the landlord:
(A) Had no notice of the tenant's whereabouts; and
(B) Mailed the written notice and amount due, if any, to the tenant's
last known address.
(b) This section does not preclude the landlord or tenant from
recovering other damages to which he or she may be entitled under this
chapter or otherwise.
(c) Subject to the provisions of this subchapter, the holder of the
landlord's interest in the premises at the time of the termination of the
tenancy is bound by this section.
18-16-303. Exemptions.
(a) This subchapter shall not apply to dwelling units owned by an
individual, if the individual, his or her spouse and minor children, and
any and all partnerships, corporations, or other legal entities formed
for the purpose of renting dwelling units and of which they are
officers, owners, or majority shareholders own, or collectively own, five
(5) or fewer dwelling units.
(b) This exemption does not apply to units for which management,
including rent collection, is performed by third persons for a fee.
18-16-305. Refund required — Exceptions.
(a)
(1) Within thirty (30) days of termination of the tenancy, property or
money held by the landlord as security shall be returned to the tenant.
(2) However, the money 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 thirty (30) days after termination of the
tenancy and delivery of possession by the tenant
(b)
(1) The landlord shall be deemed to have complied with subsection
(a) of this section by mailing via first class mail the written notice
and any payment required to the last known address of the tenant.
(2) If the letter containing the payment is returned to the landlord
and if the landlord is unable to locate the tenant after reasonable
effort, then the payment shall become the property of the landlord one
hundred eighty (180) days from the date the payment was mailed.
18-16-306. Remedies.
(a)
(1) If the landlord fails to comply with this subchapter, the tenant:
may recover
(A) The property and money due him or her;
(B) Damages in an amount equal to two (2) times the amount wrongfully
withheld;
(C) Costs; and
(D) Reasonable attorney's fees.
(2) However, the landlord shall be liable only for costs and the sum
erroneously withheld if the landlord shows by the preponderance of the
evidence that his or her noncompliance:
(A) Resulted from an error which occurred despite the existence of
procedures reasonably designed to avoid such errors; or
(B) Was based on a good faith dispute as to the amount due.
(b) This section does not preclude the landlord or tenant from any other
relief to which either may be lawfully entitled.
