Need advice on taking my landlord to small claims court for the return of my security deposit (documentation, fees)

[Jwalter1]

I guess I just wanted to be as clear and professional as possible.

[STT Resident]

Originally Posted by Jwalter1

I guess I just wanted to be as clear and professional as possible.

That doesn't include quoting legal statutes - you leave that to lawyers. Keep it simple and don't use words of more than two syllables when one syllable will do just as well!

[Jwalter1]

Well okay then! Thank you!

[STT Resident]

Ah, I see where you got the idea, from NY Annie's post. 99.9% of the time I agree with Annie but she also has a lot of experience dealing with these issues and so is comfortable writing a letter such as the one she suggested. Coming from your hand, no, not a good idea. Keep it simple, short and sweet and write in your own words. No emotions, no threats, no quoted statutes ...

[Jwalter1]

If I send a demand letter asking for the FULL 600 dollar deposit and he responds by sending me a check for 264 dollars which we had discussed over the phone (I disagreed and I never received an itemization or anything prior to the 60th day.) should I continue with filing a claim for 600 dollars and 2x600 for damages for failure to comply with the state law?

[STT Resident]

Originally Posted by Jwalter1

If I send a demand letter asking for the FULL 600 dollar deposit and he responds by sending me a check for 264 dollars which we had discussed over the phone (I disagreed and I never received an itemization or anything prior to the 60th day.) should I continue with filing a claim for 600 dollars and 2x600 for damages for failure to comply with the state law?

Cross that bridge when you come to it. IF that happens and you still want to press your claim then you would simply hang onto the cheque and not cash it. Again, don't bank at all on getting 2X damages. It's VERY rarely awarded.

[Jwalter1]

Okay perfect.. I will keep everyone posted. Thank you for your information.

[NoMoreSnowForMe]

OP, the AR law changed in 2009, changing the time limit from 30 days to 60 days, in Senate Bill SB454.

http://www.arkleg.state.ar.us/assemb...ills/SB454.pdf

Here is a 2011 AR Landlord Tenant Law Fact Sheet. It explains the law, but doesn't give the section/code numbers:

http://www.arlegalservices.org/syste...ntOverview.pdf

Here's a link to the actual codes. If you want to refer to them, you say "Arkansas Annotated Code Section __________, for instance:

Arkansas Annotated Code Section 18-16-305, says LL has 60 days.

Arkansas Annotated Code Section 18-16-306, allows for damages in an amount equal to two (2) times the amount wrongfully withheld.

Here's the link with the laws:

Subchapter 3 - Security Deposits - Arkansas Statutes

[Jwalter1]

Wow! Thank you! Exactly what I needed

[NY Annie]

I absolutely would provide the appropriate state law references, although I would not quote.

Here are the relevant Arkansas STATE statutes: Arkansas Code Annotated §§ 18-16-303 to 18-16-305. Depending on the city, there may be other regulations locally. Without knowing what city you lived in, I cannot help you with that.