Title: Understanding Arkansas Complaint — Lessor Failure to Return Security Deposit Introduction: In Arkansas, just like in many other states, tenants have legal rights when it comes to the return of their security deposit. If a lessor fails to return the security deposit without a valid reason or within the specified time frame, tenants can file a complaint to seek legal recourse. This article aims to provide a detailed description of what an Arkansas complaint regarding lessor's failure to return a security deposit entails, and the different types of complaints one may encounter. 1. What is a Security Deposit? A security deposit is a refundable amount of money paid by a tenant to a lessor/landlord to safeguard against damages, unpaid rent, or other breaches of the lease agreement. It is typically held by the landlord during the tenancy and should be returned to the tenant at the end of the lease, minus any legitimate deductions. 2. Legal Timeframe for Returning Security Deposit in Arkansas: In Arkansas, the landlord is required to return the tenant's security deposit within 60 days of the termination of lease or when the tenant vacates the property — whichever comes later. Failure to adhere to this timeframe can give rise to a complaint against the lessor. 3. Valid Deductions: The landlord is allowed to deduct from the security deposit for legitimate reasons, such as unpaid rent, property damages beyond normal wear and tear, cleaning expenses, or other agreed-upon charges mentioned in the lease agreement. If the landlord fails to provide a documented breakdown of deductions, it can be grounds for a complaint. 4. Types of Arkansas Complaints — Lessor Failure to Return Security Deposit: i. Complaint for No Return of Security Deposit: This type of complaint is filed when the landlord fails to return the security deposit within the legally required timeframe, with no valid deductions or reasons. ii. Complaint for Improper Deductions: Here, the complaint arises when the landlord unjustly deducts an excessive amount from the security deposit for questionable or undisclosed reasons. Tenants have the right to challenge such deductions. iii. Complaint for Lack of Itemized Statement: If the landlord fails to provide an itemized statement explaining the deductions made from the security deposit within the specified time, tenants can file a complaint on this basis alone. iv. Complaint for Withholding Security Deposit in Bad Faith: This complaint is used when it can be demonstrated that the landlord is deliberately withholding the security deposit without any legitimate reason or is acting in bad faith. Conclusion: Tenants in Arkansas are entitled to the prompt return of their security deposit or a valid explanation for any deductions made. By filing an Arkansas Complaint — Lessor Failure to Return Security Deposit, renters can seek the return of their rightfully owed deposit or take legal action against the lessor. Understanding the different types of complaints possible can help tenants navigate the process and protect their rights.
Arkansas Complaint - Lessor Failure to Return Security Deposit
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FAQ
When you move, the landlord must return your security deposit within 60 days. The landlord may, however, deduct from the security deposit the cost to repair any damages made to the dwelling or any past-due rent.
Refunds of Security Deposits Section 92.103 states: the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.
There are two options to address a fair housing violation: File a complaint with HUD or file a complaint with the Arkansas Fair Housing Commission. Note: there is a one-year statute of limitations. File a private lawsuit in state or federal court. Note: there is a two-year statute of limitations.
If you believe you have been a victim of housing discrimination, please call the fair housing helpline at 1-870-338-9834.
Begin your letter by clearly stating the purpose of the letter, such as "I am writing to express my concerns about the noise levels in my apartment building." Keep the facts concise and clear. Your landlord is not going to read or respond to a 3-page complaint letter.
If an issue of noncompliance arises (and rent is current and noncompliance is not excused) and the landlord does not remedy the noncompliance within 30 days after receiving notice from the tenant, the tenant may terminate the lease or rental agreement without penalty and receive a refund of his or her security deposit.
Landlords must give the tenant their property as it currently is. Generally, landlords are not responsible for making any kind of repairs, unless it's stated in the lease agreements. It's important to note that an Arkansas tenant may not pursue legal action if their repair request doesn't get honored.