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Arkansas Code Title 18. Property § 18-16-306. Actions by tenant

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(a)(1) If the landlord fails to comply with this subchapter, the tenant may recover:

(A) The property and money due him or her;

(B) Damages in an amount equal to two (2) times the amount wrongfully withheld;

(C) Costs;  and

(D) Reasonable attorney's fees.

(2) However, the landlord shall be liable only for costs and the sum erroneously withheld if the landlord shows by the preponderance of the evidence that his or her noncompliance:

(A) Resulted from an error which occurred despite the existence of procedures reasonably designed to avoid such errors;   or

(B) Was based on a good faith dispute as to the amount due.

(b) This section does not preclude the landlord or tenant from any other relief to which either may be lawfully entitled.

Cite this article: - Arkansas Code Title 18. Property § 18-16-306. Actions by tenant - last updated January 01, 2020 |

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