Arkansas · Security deposit dispute

Security deposit dispute in Arkansas small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

In Arkansas, small-claims cases are heard in the Small Claims Division of the District Court and you can sue for up to $5,000.

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

Filing your claim form in Arkansas

  1. Complete the claim form. Complete the claim form (complaint) with the names and addresses of both parties, the amount of money or property claimed, and a short explanation of why the defendant owes it. The clerk provides blank forms.
  2. File with the clerk and pay the fee. File with the District Court clerk for the proper venue, usually where the defendant lives or where the contract was to be performed (Ark. Code Ann. 16-17-706), and pay the filing fee.
  3. Have the defendant served. Unless you request sheriff service, the clerk serves the defendant by certified mail (return receipt, addressee only) with a copy of the claim form. The defendant must be served within 120 days of filing.
  4. Wait for the answer or seek default. The defendant has 30 days after service to file an answer. If none is filed, the court may enter a default judgment.
  5. Attend the informal hearing. The case is tried informally with relaxed rules of evidence. You carry the burden of proof, and both sides may bring witnesses.

Filing fees: The District Court Benchbook lists a $50 statutory filing fee (Ark. Code Ann. 16-17-705) plus a $15 technology fee; the Attorney General's guide puts the typical total at $30 to $65. Service costs are extra. Verify the amount with your court.

Deadline that applies to your security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

Written contract: 5 years from the date the contract is broken (Ark. Code Ann. 16-56-111)

Answering a lawsuit: 30 days after the claim form is served on the defendant.

Serving the defendant: Unless you request the sheriff, the defendant is served by certified mail (return receipt, addressee only) with a copy of the claim form. The case is not commenced unless the defendant is served within 120 days of filing.

Appeals: Either party may appeal to circuit court within 30 days of the judgment being entered on the docket, where the case is tried de novo (Ark. Dist. Ct. R. 9 and 10).

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Arkansas Judiciary: District Court Benchbook (Administrative Office of the Courts). Last reviewed 2026-06-24.