My question involves landlord-tenant law in the State of: Arkansas
I moved into a house in January 2014 and out of the house June 2016. The lease terms ended 6/30/16, and I gave notice at the end of May with my June month's rent. I began trying to speak with my LL two weeks after I moved out regarding my deposit, but my phone calls were ignored. On 8/31/16, I sent him a certified letter of notice stating to return of my deposit or that I would file against him in small claims court. He claims that he received this letter from me on 9/6/16. On 9/14/16, he texted me saying that he would "forward out an accounting on Friday." I texted him back stating that I was planning to file the next day, but would speak to him that night if he wanted to call. I did file on 9/15/16, but I am unsure if the Sheriff's department has served him the papers yet. Yesterday (9/20/16) I received notice that certified mail had been attempted to delivered to my address. It is from my LL, dated 9/16/16, and states "your deposit will not be returned due to a dog being inside the residence." It is true that the lease disallows pets.
Here is the language regarding pets: "Lessee agrees to not have pets on the interior of the house."
Here is the language regarding the deposit: " Lessee shall pay a security deposit to Lessor, in the amount of $645, to be held by Lessor until termination of this Lease and to be returned to Lessee solely on condition that the Lessee leaves the premises in the same condition as at the commencement of this Lease, reasonable wear and tear excepted. Lessee may be required to pay an additional amount of money, at the lease termination, if the property is damaged and the cost to repair is above the security deposit amount."
This landlord has multiple negative reviews online. I did read them before moving in, but was not able to find another house in my price range with a fenced yard for my dog. The house had a broken window, hole in a wall, and torn up linoleum when I moved in, just to name a few items. My parents and I spent two full days cleaning and took pictures on my mother's iPad of the existing damage. Unfortunately, after searching for the last two weeks I am only able to find two pictures. These were able to be located because my mother sent them to my sister in disgust while she was there cleaning.
With no admittance of guilt: Does a breach in contract (if there was a dog inside) give the LL the right to retain all of the deposit, even if no damage was suffered because of it?
I moved into a house in January 2014 and out of the house June 2016. The lease terms ended 6/30/16, and I gave notice at the end of May with my June month's rent. I began trying to speak with my LL two weeks after I moved out regarding my deposit, but my phone calls were ignored. On 8/31/16, I sent him a certified letter of notice stating to return of my deposit or that I would file against him in small claims court. He claims that he received this letter from me on 9/6/16. On 9/14/16, he texted me saying that he would "forward out an accounting on Friday." I texted him back stating that I was planning to file the next day, but would speak to him that night if he wanted to call. I did file on 9/15/16, but I am unsure if the Sheriff's department has served him the papers yet. Yesterday (9/20/16) I received notice that certified mail had been attempted to delivered to my address. It is from my LL, dated 9/16/16, and states "your deposit will not be returned due to a dog being inside the residence." It is true that the lease disallows pets.
Here is the language regarding pets: "Lessee agrees to not have pets on the interior of the house."
Here is the language regarding the deposit: " Lessee shall pay a security deposit to Lessor, in the amount of $645, to be held by Lessor until termination of this Lease and to be returned to Lessee solely on condition that the Lessee leaves the premises in the same condition as at the commencement of this Lease, reasonable wear and tear excepted. Lessee may be required to pay an additional amount of money, at the lease termination, if the property is damaged and the cost to repair is above the security deposit amount."
This landlord has multiple negative reviews online. I did read them before moving in, but was not able to find another house in my price range with a fenced yard for my dog. The house had a broken window, hole in a wall, and torn up linoleum when I moved in, just to name a few items. My parents and I spent two full days cleaning and took pictures on my mother's iPad of the existing damage. Unfortunately, after searching for the last two weeks I am only able to find two pictures. These were able to be located because my mother sent them to my sister in disgust while she was there cleaning.
With no admittance of guilt: Does a breach in contract (if there was a dog inside) give the LL the right to retain all of the deposit, even if no damage was suffered because of it?
Security Deposits: Deposit Withheld After Time Limit Because of Pet
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