SECURITY DEPOSIT ITEMIZATION & RETURN LETTER
State of Arkansas
I. DOCUMENT HEADER
Date of Issuance: [DATE]
From (Landlord/Managing Agent):
[LANDLORD LEGAL NAME]
[LANDLORD ADDRESS]
[PHONE] • [EMAIL]
To (Tenant):
[TENANT LEGAL NAME]
[TENANT FORWARDING ADDRESS]
Premises:
[STREET ADDRESS, CITY, AR ZIP]
Lease Term:
Commencement – [LEASE START DATE] | Expiration – [LEASE END DATE]
Original Security Deposit: $[AMOUNT] received on [DEPOSIT RECEIPT DATE]
[// GUIDANCE: Attach a copy of the signed lease page evidencing the deposit amount.]
II. BACKGROUND & DEFINITIONS
For ease of reference, the following terms shall have the meanings set forth below:
- “Act” means the Arkansas Security Deposit Act, Ark. Code Ann. §§ 18-16-301 et seq.
- “Security Deposit” means the funds delivered by Tenant to Landlord pursuant to the Lease as security for the performance of Tenant’s obligations.
- “Normal Wear and Tear” has the meaning ascribed in Ark. Code Ann. § 18-16-305 and excludes deterioration resulting from negligence, carelessness, accident, or abuse by Tenant, occupants, or invitees.
All other capitalized terms not defined herein have the meanings assigned in the Lease.
III. OPERATIVE ITEMIZATION OF DEDUCTIONS
Pursuant to Ark. Code Ann. § 18-16-305(b), Landlord hereby provides a written, itemized statement of any lawful deductions from the Security Deposit. Supporting invoices, estimates, and photographs are enclosed where applicable.
| No. | Description of Deduction | Statutory Basis | Amount (USD) |
|---|---|---|---|
| 1 | Unpaid Rent for [MONTH/YEAR] | Ark. Code Ann. § 18-16-305(a)(1) | $[___] |
| 2 | Repair – [e.g., Replacement of broken window pane] | Damage beyond Normal Wear & Tear | $[___] |
| 3 | Cleaning – [e.g., Carpet shampoo, excessive pet odor] | Lease § [__] | $[___] |
| 4 | Other – [SPECIFY] | [CITE LEASE CLAUSE] | $[___] |
| Total Deductions | $[___] |
Computation:
Original Security Deposit……………………… $[DEPOSIT_AMOUNT]
(–) Total Deductions…………………………….. $[TOTAL_DEDUCTIONS]
(=) Balance Due Tenant………………… $[REFUND_AMOUNT]
A check in the amount of $[REFUND_AMOUNT] is enclosed/has been electronically remitted as of the date of this Letter.
[// GUIDANCE: If the entire deposit is being withheld, state “$0.00” as the Balance Due and omit the remittance language.]
IV. REPRESENTATIONS & WARRANTIES
- Landlord represents that the foregoing deductions are made in good faith, are reasonable in amount, and are limited to those items expressly permitted under the Act and the Lease.
- Landlord warrants that all supporting documentation provided is true and correct to the best of Landlord’s knowledge, information, and belief. These warranties survive delivery of this Letter.
V. DISPUTE RESOLUTION & STATUTORY NOTICE
- Tenant Objections: Should Tenant dispute any deduction, Tenant must deliver written notice specifying each contested item within thirty (30) calendar days of receipt of this Letter.
- Governing Law & Forum: This Letter and any dispute arising herefrom shall be governed by Arkansas law. Exclusive venue lies in the state court having jurisdiction over housing matters in the county where the Premises is located.
- Arbitration: The parties expressly agree that arbitration is excluded.
- Jury Trial: Nothing herein shall be construed as a waiver of any constitutional right to trial by jury.
- Statutory Penalties: Failure to timely object may result in waiver of Tenant’s claims. Conversely, a landlord who, in bad faith, retains any portion of the Security Deposit may be liable for statutory damages under Ark. Code Ann. § 18-16-307.
VI. DISPOSITION OF UNCLAIMED FUNDS
If the refund check is returned or remains uncashed for 180 days from the date of this Letter, such funds shall be deemed abandoned and disposed of in accordance with Ark. Code Ann. § 18-16-306 and applicable unclaimed-property laws.
VII. GENERAL PROVISIONS
- Entire Statement: This Letter constitutes the entire itemization required by the Act and supersedes any prior oral or written communication concerning the Security Deposit.
- No Admission: Delivery of this Letter shall not be construed as an admission of liability for any other claim under the Lease.
- Severability: If any provision of this Letter is adjudged invalid, the remaining provisions shall remain in full force.
- Electronic Signatures: A manually or electronically signed copy of this Letter shall be deemed an original.
VIII. EXECUTION
Respectfully submitted,
[AUTHORIZED SIGNATORY NAME]
[TITLE, e.g., Property Manager]
For and on behalf of [LANDLORD LEGAL NAME]
Date: _______
IX. PROOF OF SERVICE
I, ___, declare under penalty of perjury that on ___, 20____, I served the foregoing Security Deposit Itemization & Return Letter and any enclosures on [TENANT NAME] by:
☐ U.S. Mail, first-class, postage prepaid, to the address set forth above
☐ Certified Mail, return receipt requested, Article No.: ______
☐ Hand Delivery
[NAME]
[CAPACITY]
[// GUIDANCE: Retain a signed copy of this Letter, proof of mailing, and all supporting documentation for not less than three (3) years or the statute-of-limitations period applicable to contract actions in Arkansas, whichever is longer.]