Son was in fraternity house last year. Paid rent in full for fall 2021 in August and Spring 2022 in January. August payment included security deposit.

He took video and photos of his room when he checked out May 14th and it was spotless. He actually found some paint in the color that was on his room wall in the basement, filled all the holes and repainted the room before he left.

Got an email from the management company on July 18th (63 days after check out) that they were keeping all of the deposit money of all residents because of damage to property and instances that required services throughout out the year (clogged toilets, broken sinks, lights, etc. some of this did happen during tailgate weekends by non-residents). While we expected them to keep something, they are clearly violating Arkansas law by just saying "we're keeping all of it because we want to".

Arkansas law requires that

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Landlords are required to return the security deposit, or what's left of it after deductions, within 60 days following the termination of the tenancy. If the landlord has made charges on the security deposit, the landlord is also required to provide a written notice of an itemized list delivered to the tenant with the remainder of the security deposit amount which is due 60 days after the termination of tenancy and the delivery of possessions by the tenant.

In compliance with Arkansas law, the landlord shall return the security deposit and written notice by mailing via first class mail to the last known address of the tenant. Tenants are responsible for providing landlords with details of where or how they can be reached to ensure the delivery of security deposit.

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Again, they sent an email on July 18th. We did get a letter on July 22nd stating the same as above (have to double check the postmark). But it was just a form letter with "we're keeping the deposit b/c of damage" and nothing else. No itemized list, no dates of services to make repairs, basically no details, just we are keeping all if it because of damages.

I do need to double check the rental agreement regarding disputes, but can we not just take them to small claims court to get the deposit back?

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I do need to double check the rental agreement regarding disputes, but can we not just take them to small claims court to get the deposit back?

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Of course you can sue for anything. And they can too if their documented damage exceeds the security deposit.

What is the recourse in Arkansas for not returning the security deposit or itemized damages within 60 days? Was the email sent to any other tenant before yours?

btw...99/100 it's irrelevant how spotless your son's room was. Was the lease made with just him and his room? Or with a bunch of people for the whole house?

Also irrelevant the damage done by non-residents. That's between the tenants and their guests.

How much money are we talking about?

E said:

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How much money are we talking about?

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This is the first question that needs answering. Is it really worth your time and energy to pursue several hundred dollars, when the landlord is going to eventually show all the repairs that were completed during your son and his fraternity brother roommates' tenancy? If they hosted parties at the house I can guarantee you there was damage incurred so you're most likely pissing up a tree.

Martin Q. Blank said:

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I do need to double check the rental agreement regarding disputes, but can we not just take them to small claims court to get the deposit back?

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Of course you can sue for anything. And they can too if their documented damage exceeds the security deposit.

What is the recourse in Arkansas for not returning the security deposit or itemized damages within 60 days? Was the email sent to any other tenant before yours?

btw...99/100 it's irrelevant how spotless your son's room was. Was the lease made with just him and his room? Or with a bunch of people for the whole house?

Also irrelevant the damage done by non-residents. That's between the tenants and their guests.

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I'm trying to figure out what the recourse action is, which is why I'm asking here. The email was sent to everyone on the same day.

The lease was made with a bunch of people living in the house in individual rooms. I think the chapter has some involvement here as well as they control the rest of the house (common areas, kitchen, etc.). Some of the chapter fee's were paid to the management company as part of the rental for the whole house.

Understand non-resident damage is irrelevant in regards to who is responsible. I was just pointing out there were some issues but none of that was documented by the management company.

Deposit was $500 and 50-people lived in the house. So the management company is keeping $25,000, all undocumented. I don't doubt they had some clean up and services needed, but it's the complete lack of documentation, and the late notification that's at issue here.

If we'd received an itemized list document all damages throughout the year (or even got a notice at the time the damage/charges were incurred) I'd be fine. But to just blanket say "we're keeping all of it because" is my issue. They are also past the 60-day deadline.

I did find the lease, and yes we could be liable for any damages above the deposit. But would that even apply here since they landlord is past 60-days for notification? Could they come after the entire house for the 'extra damages' when they failed to document such damages within the 60-day deadline?

I guess my real question here is the 60-day deadline any kind of trump card?

AR Code 18-16-301 to 306 applies.

It says we can get 2x the deposit + reasonable attorney fees.

If we take them to small claims court, would the 60-day deadline and the lack of an itemized list trump any counter suit by the landlord for additional damages?

$25k is not small claims. So you'll need a lawyer and a class action?

It may be an easy lawsuit because googling Arkansas law, if they did not return the deposit or an itemized list documenting how much they are withholding within 60 days, the tenant is entitled to up to 2x the security deposit. Not sure a judge would agree.

Also not sure if it's worth it to you over $500. I get it's the "principle", but they did do damage. And using the 60-days as a loophole goes against most people's principles. And you may lose the lawsuit.

Maybe pay a lawyer to write a demand letter and then drop it after that.

Was the deposit specifically for your son's room? If it was a blanket deposit, you might be screwed for the inactions/damage caused by others.

If it's a frat house, why doesn't the chapter have control? Seems odd. For $25K, I'd get the other 49 families involved as well as the frat.

Martin Q. Blank said:

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$25k is not small claims. So you'll need a lawyer and a class action?

It may be an easy lawsuit because googling Arkansas law, if they did not return the deposit or an itemized list documenting how much they are withholding within 60 days, the tenant is entitled to up to 2x the security deposit. Not sure a judge would agree.

Also not sure if it's worth it to you over $500. I get it's the "principle", but they did do damage. And using the 60-days as a loophole goes against most people's principles. And you may lose the lawsuit.

Maybe pay a lawyer to write a demand letter and then drop it after that.

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It's 2 x $500 + legal fees. It's not going to be $25k

I'm using the 60-days because they were complete dicks to the chapter all year about everything, including writing new 'rules' last January in the middle of the lease and requiring everyone to sign them or you could not move back in (not sure this was legal either). Also, I asked via response to the original email for the itemized list they are required to provide and just got the canned "we are keeping all the deposit money".

My other son is also dealing with this (got partial deposit and itemized list 45-days after move out but in KS which is 30-days). But at least he got a list as required by law.

12thMan9 said:

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Was the deposit specifically for your son's room? If it was a blanket deposit, you might be screwed for the inactions/damage caused by others.

If it's a frat house, why doesn't the chapter have control? Seems odd. For $25K, I'd get the other 49 families involved as well as the frat.

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The deposit per the rental agreement was for the room + house so yes we'd be screwed for damages caused by others. But the chapter actually paid fees to the landlord as well for the common areas as well.

I'm not trying to shirk any responsibility here, just want the landlord to follow the law.

agracer said:

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Martin Q. Blank said:

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$25k is not small claims. So you'll need a lawyer and a class action?

It may be an easy lawsuit because googling Arkansas law, if they did not return the deposit or an itemized list documenting how much they are withholding within 60 days, the tenant is entitled to up to 2x the security deposit. Not sure a judge would agree.

Also not sure if it's worth it to you over $500. I get it's the "principle", but they did do damage. And using the 60-days as a loophole goes against most people's principles. And you may lose the lawsuit.

Maybe pay a lawyer to write a demand letter and then drop it after that.

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It's 2 x $500 + legal fees. It's not going to be $25k

I'm using the 60-days because they were complete dicks to the chapter all year about everything, including writing new 'rules' last January in the middle of the lease and requiring everyone to sign them or you could not move back in (not sure this was legal either). Also, I asked via response to the original email for the itemized list they are required to provide and just got the canned "we are keeping all the deposit money".

My other son is also dealing with this (got partial deposit and itemized list 45-days after move out but in KS which is 30-days). But at least he got a list as required by law.

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The lawsuit will be between the parties on the lease. Owner v. 50 people. There is no contract between the owner and your son alone, is there?

Best case scenario is you spend time to get all 50 people to agree to a lawsuit. And go through the lawsuit. And win the max amount. You get $500 vs. losing $500. Was it worth it? If you think so, then get to emailing!

The contract he signed (and we co-signed) was between my son and the landlord.

Lawyer here. I also had a college landlord unjustifiedly keep a deposit and wanted to fight it. Long story short, I'd try to get some money back but wouldn't spend a whole lot of time or money on it.

agracer said:

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12thMan9 said:

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Was the deposit specifically for your son's room? If it was a blanket deposit, you might be screwed for the inactions/damage caused by others.

If it's a frat house, why doesn't the chapter have control? Seems odd. For $25K, I'd get the other 49 families involved as well as the frat.

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The deposit per the rental agreement was for the room + house so yes we'd be screwed for damages caused by others. But the chapter actually paid fees to the landlord as well for the common areas as well.

I'm not trying to shirk any responsibility here, just want the landlord to follow the law.

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The chapter should look for another house. The landlord or management company is raping them. What frat?

A fraternity house with 50 college aged guys occupying it isn't getting a deposit back? I'm shocked.

FancyKetchup14 said:

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A fraternity house with 50 college aged guys occupying it isn't getting a deposit back? I'm shocked.

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Yea I was thinking the same thing. How can anyone who lives in a frat house expect to get their security deposit back.

Just the thought of asking for it makes me laugh.

agsalaska said:

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FancyKetchup14 said:

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A fraternity house with 50 college aged guys occupying it isn't getting a deposit back? I'm shocked.

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Yea I was thinking the same thing. How can anyone who lives in a frat house expect to get their security deposit back.

Just the thought of asking for it makes me laugh.

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I mean I agree, but doesn't mean that they don't have to follow the applicable state laws. Doubt they have a clause that they can keep the deposit for frat houses because it's assumed that much damage would be caused.

The whole situation is just confusing to me. I mean if the landlord has a home with 50 bedrooms, their target market is pretty limited. Doesn't make sense to piss off that entire target....

As far as the law is concerned this one seems pretty open and shut. The landlord has failed to follow the law and provide an itemized receipt by the deadline. If you went to court you would probably get your money back plus expenses. This is the basic level of responsibility that every property management company worth their salt does a standard operating procedure. It's not complicated at all to simply keep receipts, and all of the major property management software makes this a very easy button to press. The fact that this property management company is not doing this is a tell that they are not a professional operation and are potentially scammy.

As far as the spirit of the law, ask your son whether his and his buddy's frat shenanigans added up to substantial repairs to flooring, drywall, paint, etc. beyond normal wear and tear. While yes, assuming that fraternity brothers are irresponsible and probably did damage is an easy heuristic, it's still worth asking the question. If it's a nerdy frat and your sons friends are responsible, the landlord is simply trying to get a payday and he's probably used to getting away with it. If it's a party house, while it's still a bad idea to not follow the law, basic fairness dictates that you should probably just let this one go and accept the security deposit loss as fair compensation for repairs.

do fraternities often rent their houses? seems like a recipe for disaster.

I can't speak to Arkansas law, but in Texas, these cases are typically handled in Small Claims or Justice (JP) Court. I agree with others that this should be an open and shut case, and if Arkansas places jurisdiction in Small Claims or JP, a lawyer is not required. Thing is, you can ask for a jury trial in any of these jurisdictions if it gets that far and try to stack the jury with renters.

In the mean time, maybe find a lawyer friend who practices law in AR and see if they'll send a demand letter for free or low cost. That might be enough to spook the management company.

Was the management company tied to the frat?

It isn't uncommon for the local chapter to establish a "housing corporation" to be a go between for the owner, and the residents and to sheild the local chapter and the national fraternity from liability. That said, the primary mission of the housing corporation for a chapter that is renting a house is to raise enough movie to buy a house. It is a mission they take seriously and capturing deposits is a way to do reach that goal.

The point of this post is to say make sure the "Management company" isn't associated with your son's chapter. If it is and you raise too much hell, it might impact your kid

I could write a book on this subject.
"Not my precious little college Student."
I have been renting homes to Aggies for 20 years now.
Almost all of them have been responsible great tenants.
I take great pleasure in returning 100% of deposits. It does not happen often but it does happen. And makes life really easy for me and my team during the turn.
One of the groups that was not responsible and had the most vocal parents were the ones that did a great job of Sheetrock repair but forgot to fix the roof after shooting a .357 from a bedroom.
Dad thought I was unreasonable for charging his precious little snowflake for repairs once it started to rain and the Sheetrock came crashing in. (Never did get paid for that.) I would love to know where that precious little Angel is today and if Daddy is still coddling him.

Parents if you have a concern with a deposit reconciliation never hesitate to communicate with the owner. All the owners I know are more than fair.
And remember our precious little angels sometimes are not all so precious.

Who in the world would want to be a landlord of a fraternity house??

Someone who wants to collect $25,000 a month in rent…and, evidently, an additional $25,000 in deposit withholdings.

FancyKetchup14 said:

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Someone who wants to collect $25,000 a month in rent…and, evidently, an additional $25,000 in deposit withholdings.

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no kidding. sounds like a good gig.

To answer most of the questions;

Yes, I'm sure there was some damages that needed repair and other issued during the year that need to be addressed (in fact I saw one of them when I went for a game weekend - clogged toilet*).

However, the management company did not follow the law an that's what is at issue here. To simply send an email past the deadline (and law requires a letter, not email) with no itemization of issues is what pisses me off. It's should not be hard to say "x-damage on x-date or x-plumbing clog on x-date caused by Y issue, then I'd have told my son he should have held his fellow tenants to a higher standard.

And yes, he can be a slob, but he's never been a destructive kid and been pretty good about taking care of things.

Now his holder brother is having the same issue. Landlord sent deposit check back with the itemized list 30-days late, but I know he doesn't take care of **** and I saw some of the holes on the walls and they did not cut the grass before they left (from the looks for several weeks) so I was not surprised at all to see a very small return on the deposit.

* By the way, WTF is it with female college students? My son said he had to be sure and keep his room locked at all times, especially on game weekends when their were tailgates on the back porch/parking lot. The sorority girls would go into rooms and steal shirts/cloths from the guys rooms. Also, he said the girls thought it was funny to use all the toilet paper and throw it in the toilets. This ONLY happened when girls were at the house for tailgates/events and never any other time when it was just the fraternity brothers. His older brother was also in a fraternity and said the same things happened at his house.