Security Deposit Laws in Fort Smith, Arkansas
Based on Ark. Code Ann. § 18-16-305 · Verified 2026-09-26
Arkansas's deadline for returning a deposit is set by Ark. Code Ann. § 18-16-305. File in Sebastian County District Court if your landlord doesn't return it.
Source: Ark. Code Ann. § 18-16-305. Verified 2026-09-26.
●Arkansas State Law
Arkansas Security Deposit Rules
●Deductions
What Can My Landlord Deduct in Fort Smith?
Allowed Deductions
- +Unpaid rent
- +Damage beyond normal wear and tear
- +Cleaning if lease requires and unit was left dirty
- +Lease-break fees if specified in lease
- +Costs to replace items tenant removed or kept
Prohibited Deductions
- ✕Normal wear and tear (minor scuffs, small nail holes, faded paint)
- ✕Carpet replacement after useful life (typically 7-10 years)
- ✕Painting after 2+ year tenancy (normal wear)
- ✕Pre-existing damage not noted at move-in
- ✕Upgrades or improvements beyond restoring to original condition
●Court Information
Where to File Your Claim in Fort Smith
●Step-by-Step
How to File a Security Deposit Claim in Fort Smith
- 1
Send a demand letter
Before filing in court, send your landlord a formal demand letter citing Ark. Code Ann. § 18-16-305. Give them 7-14 days to respond. DepositHawk can generate this letter for you.
- 2
Gather your evidence
Collect your lease, move-in/move-out photos, security deposit receipt, any communication with your landlord, and the itemized deduction list (if one was provided).
- 3
File at Sebastian County District Court
Go to 35 S 6th St, Fort Smith, AR 72901 or check if online filing is available. Bring a completed small claims form and the filing fee ($30-$65). File in the county where the rental property is located.
- 4
Serve your landlord
After filing, you must formally serve your landlord with the court papers. The court clerk can explain your options — typically by certified mail or a process server.
- 5
Attend the hearing
Present your evidence to the judge. No lawyer is needed. The entire process typically takes 30-90 days from filing to judgment.
Think your Fort Smith landlord owes you money?
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●Related Resources
Other Arkansas Cities
This information is based on Ark. Code Ann. § 18-16-305 as of 2026. Laws change. Verify current statutes at your state legislature's website. Court information should be confirmed directly with Sebastian County District Court before visiting.
●Frequently Asked Questions
Frequently Asked Questions
How long does my landlord have to return my deposit in Fort Smith?
Arkansas's deadline under Ark. Code Ann. § 18-16-305 applies only to some landlords. They must also provide an itemized statement of any deductions.
Where do I file a small claims case for my deposit in Fort Smith?
File at Sebastian County District Court, located at 35 S 6th St, Fort Smith, AR 72901. The filing fee ranges from $30 to $65. No lawyer is required.
Can my landlord deduct for normal wear and tear in Fort Smith?
No. Under Ark. Code Ann. § 18-16-305, normal wear and tear — minor scuffs, small nail holes, carpet worn from regular use — cannot be deducted from your security deposit in Arkansas.
●PROTECTION
Get your security deposit back
See exactly what your state’s law says your landlord owes you — the deadline they missed, the penalty multiplier, and the deductions they can’t legally make — then generate a statute-specific demand letter.
- State deadline — Exactly how many days your landlord had to return your deposit
- Penalty multiplier — Whether your state doubles or triples wrongful withholding
- Illegal deductions — Which charges your landlord can’t legally keep
- Statute-specific demand letter — Generated with the exact code section your landlord violated
State law deadline your landlord missed: cited
Penalty multiplier (varies by state): cited
Deductions they can’t legally make: listed
Demand amount with statutory basis: calculated
Everything your state’s law says your landlord owes you.
One-time demand letter: $19.
DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.