Legal Question in Landlord & Tenant Law in Arkansas

am i due the refund

I recently paid for a deposit and first months rent on a unit that was still occupied by a tenent.....total amount paid was $950 ($475 deposit and same rent amount) as the landlord stated that he'd had several interested in the unit...i did not sign a lease nor did he mention a lease. this was on a tuesday in december 17th (i think) 2003...on thrusday i got a call from a resume that i'd sent out earlier and it called for relocating 4/15/04....at that time i called the landlord and told him that. I still needed a place to rent but only til 4/15/04 and wanted him to let me know if he still wanted to rent it to me or if he'd prefer to find another tenant to stay longer...he told me that he'd get back to me....on friday am i called and left message for him to CALL ME, HE DIDN'T AND I TOLD THE SECRETARY THAT I'D BE OUT OF TOWN TIL EARLY THE NEXT WEEK AND THAT I'D DROP HIS KEY OFF AT LUNCH...HIS TENENT WAS NOT MOVING UNTIL MONDAY OF THE NEXT WEEK.....HE NEVER CONTACTED ME AGAIN...I ASSUMED HE'D REFUND ME WHEN THE NEW TENANTS' CHECK CLEARED.....AND ON 1/23/04 I FINALLY GOT HIM ON THE FONE AND HE DOESN'T INTEND TO REFUND ME AT ALL.....HE THEN STATED HE'D REFUND HALF....WHAT SHOULD I DO?


Asked on 1/29/04, 8:09 pm

1 Answer from Attorneys
Harvey Harris Harris Law Firm

Re: am i due the refund

The best thing to do is try to work it out with the landlord. A landlord cannot keep your rent if he had another tenant paying the same amount, no matter whether there was a lease or not. Was the place rented the entire time? Talking to him, writing or emailing him, with polite, yet firm wording might encourage him to refund the entire amount.

You could also take him to small claims court to try to get your money back. That is, assuming that you could win your case.

You could consult an attorney with the entire details and a letter from an attorney might be helpful, but there would probably be a charge for that.

So, the best thing is probably to try to communicate with the landlord and convince him to work with you.

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Answered on 1/29/04, 10:15 pm


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