How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Arkansas, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
Two months' periodic rent (applies to covered landlords; small self-managing landlords with 5 or fewer units are exempt) — § 18-16-304.
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Arkansas |
|---|---|
| Accrued unpaid rent | Permitted, if substantiated |
| Damages suffered by the landlord from the tenant's noncompliance with the rental agreement | Permitted, if substantiated |
| Claimed deduction | Permitted in Arkansas |
|---|---|
| Ordinary wear and tear | Not permitted |
| Any amount without the written itemized notice within 60 days | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord must itemize and justify each deduction in writing within 60 days, limited to accrued unpaid rent and damages from tenant noncompliance. To avoid the 2x penalty, the landlord must prove an error despite reasonable procedures or a good-faith dispute.
In Arkansas the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Ark. Code § 18-16-305 ↗
A landlord who withholds in bad faith may be liable for 2x the portion wrongfully withheld.
If the landlord fails to return the deposit or provide the itemized notice within 60 days, the tenant may recover 2x the amount wrongfully withheld, plus court costs and reasonable attorney fees. EXCEPTION: if the landlord proves the failure was an error despite reasonable procedures, or a good-faith dispute over the amount owed, liability is limited to the amount erroneously withheld plus costs.
Ark. Code § 18-16-306 ↗The tenant may recover the landlord's attorney fees.
Reasonable attorney fees and court costs are recoverable on the landlord's noncompliance (subject to the same good-faith/error exception).
Ark. Code § 18-16-306 ↗Arkansas' § 18-16-306 gives the tenant 2x the amount wrongfully withheld, plus court costs and reasonable attorney fees — a strong remedy, subject to a good-faith/error exception the landlord must prove.
Ark. Code § 18-16-306 ↗Arkansas deposit law only binds landlords owning 6+ units or those who hire a third-party manager/rent collector. Small self-managing landlords (5 or fewer units) are exempt, and the lease controls.
Ark. Code § 18-16-303 ↗““I own only 3 units, so the law does not apply.””
If you own 5 or fewer units and self-manage, the statutory deposit rules do not apply — but the lease terms still control what you may retain, and you cannot keep more than the lease permits.
Ark. Code § 18-16-303
““I deducted for damages.””
You must itemize any deduction in a written notice within 60 days. If you did not, I may recover 2x the amount wrongfully withheld, plus costs and attorney fees.
Ark. Code § 18-16-305, -306
““I will keep the deposit and you can sue me.””
Unless you prove an error despite reasonable procedures or a good-faith dispute, you owe 2x the amount wrongfully withheld, plus court costs and attorney fees.
Ark. Code § 18-16-306
Some widely circulated summaries of Arkansas deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some summaries | Applies to all landlords |
| Ark. Code § 18-16-303 | Only 6+ unit or third-party-managed landlords |
What we follow: Covered landlords only
The statute explicitly exempts small self-managing landlords (5 or fewer units). Reporting it as statewide would mislead tenants renting from exempt landlords.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| Ark. Code § 18-16-305(a) | 2026-10-15 | official text ↗ |
| Ark. Code § 18-16-306 | 2026-10-15 | official text ↗ |
| Ark. Code § 18-16-305 | 2026-10-15 | official text ↗ |
| Ark. Code § 18-16-303 | 2026-10-15 | official text ↗ |
Primary reference: Ark. Code §§ 18-16-301 to 18-16-306 (Security Deposits). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.
Arkansas Security Deposit Return
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The statute does not permit deductions for: ordinary wear and tear; any amount without the written itemized notice within 60 days.
The landlord. The landlord must itemize and justify each deduction in writing within 60 days, limited to accrued unpaid rent and damages from tenant noncompliance. To avoid the 2x penalty, the landlord must prove an error despite reasonable procedures or a good-faith dispute.
Two months' periodic rent (applies to covered landlords; small self-managing landlords with 5 or fewer units are exempt) — § 18-16-304.
No. Ordinary wear and tear