Normal Wear and Tear: Arkansas Security Deposit Law

Arkansas prohibits landlords from charging tenants for normal wear and tear. Learn what qualifies, what doesn't, and how to dispute improper deductions.

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Normal Wear and Tear: What Arkansas Law Says

Normal wear and tear is legally protected in Arkansas under Ark. Code §18-16-305. Wear and tear refers to the natural deterioration of a property from ordinary use over time: faded paint, minor scuffs on walls, small nail holes from hanging pictures, carpet thinning from foot traffic. Your Arkansas landlord cannot charge you for any of these. Deductions must be limited to actual damage beyond what's expected.

Tenant Tip

If your landlord charged you for items that reflect normal aging: touch-up paint, light carpet wear, minor scuffs, these deductions are very likely improper in Arkansas. Document everything and check your eligibility for our free analysis.

Normal Wear vs. Damage: Arkansas Examples

Normal Wear (NOT chargeable)

  • ✓Minor wall scuffs from everyday living
  • ✓Small nail holes from hanging pictures
  • ✓Faded or lightly worn paint
  • ✓Carpet thinning from foot traffic
  • ✓Loose door handles from regular use
  • ✓Small water stains under normal condensation

Actual Damage (may be chargeable)

  • ✗Large holes punched in walls
  • ✗Burns on carpet or counters
  • ✗Broken windows or fixtures
  • ✗Deep, permanent carpet stains
  • ✗Pet damage beyond normal shedding
  • ✗Unauthorized paint in unusual colors

What to Do if Your Arkansas Landlord Charged for Normal Wear

Under Ark. Code §18-16-305, deductions for normal wear and tear are explicitly prohibited in Arkansas. If your landlord charged you for items that clearly reflect ordinary use, you have strong grounds to dispute those charges.

Document your dispute in writing, citing Ark. Code §18-16-305. Use our free analysis to evaluate your specific charges and calculate what you may be owed.

Legal Reference

Wear & Tear Protected
Primary StatuteArk. Code §18-16-305
Penalty StatuteArk. Code §18-16-305
Small Claims Limit$5,000
Statute of Limitations5 years

Questions

Common questions answered.

Your Arkansas landlord has 60 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by Ark. Code §18-16-305.

If your landlord misses the 60-day deadline, you may be entitled to up to 2× the amount wrongfully withheld under Ark. Code §18-16-305. This penalty applies automatically. You don't need to prove intent.

No. Arkansas law under Ark. Code §18-16-305 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.

Normal wear and tear in Arkansas includes: minor wall scuffs from everyday living, small nail holes from hanging pictures, faded paint over a standard tenancy, carpet thinning from foot traffic, and minor dust or dirt buildup. These are expected costs of renting and are explicitly prohibited as deductions under Ark. Code §18-16-305.

Things that go beyond normal wear: large holes in walls, burns on counters or carpet, significant staining, broken fixtures due to misuse, pet damage beyond normal shedding, graffiti or deliberate markings, and damage from neglected maintenance. Arkansas landlords may deduct for these when properly documented and itemized.

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