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18-16-306. Remedies.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-16-306. Remedies.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-16-306
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:18-16-306
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 197084dd8390178a9b15883e1e16787884bcc218788d5ee1dd8f0d3c4b861e2b
Source location: content.xml paragraph 5484
Stored source content
18-16-306. Remedies.
(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.
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