landlord took to long getting apt. ready

I live in Arkansas.

I recently rented a small house. Upon our first meeting and visual inspection of the property the landlord told me it would only take a couple of days to paint 2 small bedrooms and the living room. She explained she was short handed and would ask if the painting could begin this weekend. I offered to paint myself if she supplied the equip. She turned my offer down. After returning to the property on Monday, to see if I could begin moving in, I noticed that none of the work had been started. I called the landlord and again offered to do it myself. She turned me down again. 21 days after signing the lease agreement and giving the first months rent and deposit the work was completed. I was unable to move in do to painting materials in the home(drop cloths, paint, etc.) I explained that I did not want to move into the home. The landlord gave me back my first months rent but did not give me back my deposit. When I asked about the deposit she explained that the owner, had he been notified, would not have given me back anything. Should I take them to small claims court? It's not the money so much as the idea. Thank you for your time.

What does your lease say for the move-in date??? If it shows the date that you were originally scheduled and/or the landlord refused to allow access on the promised date (refused keys, etc.), then you probably have a good case for recovering your deposit PLUS any other damages you might have suffered. For example: temporary housing (above rental rate), moving expenses and possible utility costs (phone/gas installation, etc.).

I would write the landlord (or manager) a letter detailing your specifics and requesting compensation for your damages. If they refuse, then you should consider Small Claims court. Generally, the court frowns on a landlord keeping deposits unjustly.