Security Deposit Demand Letter — Arkansas

SECURITY DEPOSIT DEMAND LETTER — ARKANSAS

Before you use this: Confirm whether Ark. Code Ann. § 18-16-303 exempts this dwelling unit. Complete the dates and delivery facts before alleging a missed deadline. Request § 18-16-306 remedies only when the subchapter applies and the facts support them.

Date: [__/__/____]

From: [TENANT OR AUTHORIZED COUNSEL NAME AND ADDRESS]

To: [LANDLORD OR AUTHORIZED MANAGER NAME AND ADDRESS]

Sent by: [DELIVERY METHOD AND TRACKING OR RECEIPT]

Re: Security deposit for [PROPERTY ADDRESS AND UNIT]

Dear [NAME]:

I rented the premises above under the agreement dated [__/__/____]. The tenancy terminated on [__/__/____], and I delivered possession on [__/__/____] by [KEY RETURN OR OTHER FACTS]. The landlord received $[AMOUNT] as security on [__/__/____], including [IDENTIFY ANY SEPARATELY NAMED MONEY ACTUALLY HELD AS SECURITY]. My last known or written forwarding address is [ADDRESS]; I supplied it on [__/__/____] by [METHOD].

Coverage facts. The available ownership and management facts are [NUMBER OF DWELLING UNITS OWNED COLLECTIVELY BY THE INDIVIDUAL, SPOUSE, MINOR CHILDREN, AND DESCRIBED RENTAL ENTITIES; PAID THIRD-PARTY MANAGEMENT OR RENT COLLECTION, IF ANY]. On those facts, the residential security-deposit subchapter [APPLIES / MAY NOT APPLY / REQUIRES CONFIRMATION]. Please identify any different facts on which you rely under Ark. Code Ann. § 18-16-303.

Deposit accounting. As of [__/__/____], I received $[AMOUNT] back and [NO ITEMIZATION / AN ITEMIZATION DATED [DATE]]. The landlord claimed $[AMOUNT] for [EACH STATED DEDUCTION AND LEASE TERM, OR “NONE”]. I dispute $[AMOUNT] because [FACTS ABOUT PAYMENT, CONDITION, PREEXISTING DAMAGE, OR ABSENCE OF TENANT NONCOMPLIANCE]. Supporting [LEASE, RECEIPTS, PHOTOGRAPHS, CORRESPONDENCE] are [ENCLOSED / AVAILABLE ON REQUEST].

If the subchapter applies, Ark. Code Ann. § 18-16-305(a)(1) requires return of property or money held as security within sixty days after termination. When money is applied to accrued unpaid rent or damage suffered from noncompliance with the rental agreement, subsection (a)(2) requires an itemized written notice and the remainder within sixty days after termination and delivery of possession. First-class mailing of the notice and required payment to the tenant's last known address is the method of compliance stated in subsection (b)(1).

I demand payment of $[AMOUNT] by [__/__/____] to [PAYEE AND DELIVERY ADDRESS OR SECURE PAYMENT METHOD], together with a corrected itemization if any deduction remains claimed. That response date is my requested settlement deadline, not an additional statutory deadline. Please send copies of the documents and photographs supporting each disputed deduction.

☐ Statutory remedy requested if supported by the facts. If the subchapter applies and money was wrongfully withheld, Ark. Code Ann. § 18-16-306 permits recovery of the money due, damages equal to twice the amount wrongfully withheld, costs, and reasonable attorney's fees. The statute limits liability to costs and the sum erroneously withheld if the landlord proves, by a preponderance of the evidence, a qualifying error despite reasonable avoidance procedures or a good-faith dispute about the amount due. The amount currently claimed under this provision is $[CALCULATION], subject to those statutory conditions.

☐ Statutory coverage remains disputed. This letter demands the balance supported by the rental agreement and payment records. No § 18-16-306 amount is asserted until the coverage and withholding facts are established.

Please reply in writing to [RESPONSE ADDRESS OR EMAIL]. This letter preserves the tenant's rights and does not settle or waive any claim or defense. Any settlement requires a separate signed agreement.

Sincerely,

[TENANT OR AUTHORIZED COUNSEL NAME]

Signature: [________________________________]

Date: [__/__/____]

Enclosures: [LIST OR “NONE”]

Delivery record: [DATE, METHOD, ADDRESS, TRACKING OR RECEIPT]