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Arkansas Landlord-Tenant Laws

Arkansas Landlord Tenant LawsThis article is intended to be an online resource for Arkansas landlords.  We summarize key Arkansas Landlord-Tenant laws that are most applicable to residential rental units.

This article is not qualified legal advice.  Individuals seeking guidance need to work with a legal advisor who is qualified in the jurisdiction.  Arkansas Landlord Tenant Laws and statutes may vary from county to county or city to city, this article provides state level laws and statutes. 

Also, laws and statutes are subject to change and may cause sections of this article to be outdated.  We provide links to assist landlords and tenants to the state statute page for further research.

Click here if you are seeking renters insurance in Arkansas.

 

Quick Facts for Real Estate Investors Considering Arkansas

Arkansas landlord-tenant laws are considered Landlord-friendly.

There are 3.0 million residents in Arkansas.  Major metropolitan markets in Arkansas are:

  1. Little Rock: Estimated population of 734,622, which 36% of residents are renter occupied.  Average rent is $811.
  2. Fayetteville: Estimated population of 525,032, which 39% of residents are renter occupied.  Average rent is $807.
  3. Fort Smith: Estimated population of 281,227, which 34% of residents are renter occupied.  Average rent is $627.
  4. Jonesboro: Estimated population of 129,858, which 41% of residents are renter occupied.  Average rent is $733.
  5. Hot Springs: Estimated population of 97,477, which 33% of residents are renter occupied.  Average rent is $694.
  6. Pine Bluff: Estimated population of 91,962, which 32% of residents are renter occupied.  Average rent is $680.

 

Jump to Different Arkansas Landlord Tenant Laws

 

 

 

 

SECURITY DEPOSIT LAWS IN ARKANSAS

 

Does Arkansas require security deposits? 

Arkansas does not require security deposits.

 

Is a security deposit receipt required in Arkansas? 

Arkansas does not require landlords to provide a receipt of security deposit.  Although it is good practice to provide a receipt.

 

How much security deposit can a landlord charge in Arkansas? 

In Arkansas, a landlord cannot charge more than 2 months rent for security deposit.  (Arkansas Code § 18-16-304)

 

 

Storage Requirements for Security Deposits in Arkansas: 

No Statute.  Landlords can decide where to hold the security deposit.

 

 

Can security deposits be commingled with other assets in Arkansas? 

No Statute.  Landlords are allowed to commingle, although we recommend having a separate account specifically for your real estate portfolio.

 

Do landlords have to pay interest on security deposits in Arkansas? 

Landlords are not required to pay interest to the tenants.  No Statute.

 

When must a landlord return the deposit by in Arkansas? 

In Arkansas, landlords have 60 days to return the security deposit.  (Arkansas Code § 18-16-305)

 

When can a landlord in Arkansas withhold security deposit?

At the end of a lease, the landlord is required to return the tenant’s security deposit.  However, landlords may withhold all or portions of a tenant’s security deposit if (Arkansas Code § 18-16-305):

 

  • Unpaid rent and/or fees
  • Unpaid utility expenses
  • Damage in excess of normal wear and tear

 

 

 

Nonrefundable fees: 

No Statute.  Landlords can charge any non-refundable fees they deem fit.

 

Pet Deposits and Additional Fees:

Arkansas has no pet deposit.statutes.  Landlords are allowed to charge a non-refundable fee for pets.  Total deposits cannot exceed two months rent. (Arkansas Code § 18-16-304)

 

Require written description / itemized list of damages and charges?

Landlords are required to provide written and itemized list of damages sent via first class mail to the last known address of the tenant.  If the letter containing payment is returned to the landlord and unable to locate the tenant with reasonable effort, after 180 days the landlord can keep the remaining balance. (Arkansas Code § 18-16-305)

 

What happens to Arkansas landlords that fail to comply returning the security deposit?

Tenants may recover the property and money in an amount equal to two times the amount wrongfully withheld and reasonable attorney’s fees.  (Arkansas Code § 18-16-306)

 

 

 

 

 

 

 

RENTAL AGREEMENT LAWS IN ARKANSAS

 

Rental agreements required in Arkansas:

Rental agreements are required for leases 12 months or longer.  We always recommend having a legal lease agreement to prevent future complications.

If you need a lease, Burbz offers an online Arkansas rental lease agreement.

 

What are the required lease provisions in Arkansas?

Arkansas requires certain provisions to be included in the lease agreement.  Besides both the landlord and tenant names, the landlord should also list:

  • Rent Amount and Due Date
  • Security deposit amount and terms
  • Process for requesting maintenance and repairs
  • Length of the lease agreement
  • Subleasing policy
  • Late Fees and Penalties
  • Landlord’s responsibilities for maintenance and utilities
  • Tenant’s responsibilities for maintenance and utilities

 

It is also strongly recommended to include these provisions:

  • Pet policies
  • Cleaning Fees
  • Other fees

 

 

 

 

 

What are the rental agreement notice requirements in Arkansas: 

Fixed-End or Year-to-Year: Leases simply expire upon the stated date for fixed-end, no notice required.  In general, 30 days notice is common practice for landlords.

Month-to-Month: At least 30 days.  (Arkansas Code § 18-17-704)

Week-to-Week: At least 7 days. (Arkansas Code § 18-17-704)

What happens when the tenant remains without consent after the rental agreement expires or terminates?

No Statute.

 

 

Does the lease automatically renew in Arkansas? 

Leases terminate upon expiration, unless stated in the lease.

 

Rent Increase Notice:

No Statute.

 

Rent Grace Period for Residential:

Arkansas Landlord Tenant Laws state a 5 day grace period requirements.  (Arkansas Code § 18-17-701(b))

 

Rent Grace Period for Manufactured Homes:

Arkansas Landlord Tenant Laws state a 5 day grace period requirements.  (Arkansas Code § 18-17-701(b))

 

 

Prepaid Rent:

No Statute.  Landlords may accept prepaid rent.

 

 

 

 

 

 

LATE FEES AND LIMITS IN ARKANSAS

Late Fees for Residential:

Landlords are allowed to charge late fees, Arkansas law has no statute.

 

Late Fees for Manufactured Homes:

No Statute.

 

 

 

Limits to late fees in Arkansas:

No Statute.  Generally, landlords utilize a 5-10% of rent or flat $25-35 fee.  It is best to include a Late Fee / Penalty clause in the lease agreement.

 

 

ARKANSAS LEASE TERMINATIONS / NOTICES TO QUIT

 

In Arkansas, lease agreements between landlords and tenants can be terminated.  Read our blog for landlords about handling early lease terminations.  Here are the cause and effects:

 

What is the Pay or Quit for Nonpayment requirement in Arkansas?

Arkansas requires a 5 day notice to pay rent, providing an Unconditional Quit Notice.  (Arkansas Code § 18-17-701) (Arkansas Code § 18-16-101)

 

How many days must a landlord allow before terminating for a Lease Violation?

Landlords must provide a 14 day notice to cure, allowing the tenant to remedy the issue. (Arkansas Code § 18-17-702)

 

 

Arkansas allows immediate lease termination if the tenant is responsible for:

  • Tenants still in possession of property after the lease expires

 

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How many days when terminating for illegal drug-related activities?

No Statute.

 

 

 

 

ARKANSAS LAWS ON REPAIRS

 

Arkansas requires landlords provide a habitable property for tenants to live and enjoy.  There are specific provisions defining how tenants can remedy repairs if the landlord fails to do so.  

How many days must the tenant give for non-emergency repairs? 

No Statute.  Tenants are encouraged to inform their landlords of all necessary repairs.

 

Can tenant without rent for landlords’ failure to provide essential services (i.e. water, heat, etc.)?

No Statute.  Tenants are encouraged to communicate with landlords and get approval for reducing rent if they pay for repairs.

 

 

If the landlord fails to take necessary action, then the tenants can legally:

No Statute.  Landlords are required to keep the premises and unit above acceptable building and safety requirements.  Tenants can report to their local agency if their property does not meet code.

 

 

 

ARKANSAS LANDLORD RESPONSIBILITIES

What must the landlord provide in good and working order?

Arkansas defines certain responsibilities for landlords, including:

  • Must comply with all applicable building codes affecting health and safety

 

Do landlords have to provide appliances and services?

No Statute.

 

 

 

 

ARKANSAS TENANT LAWS AND RESPONSIBILITIES

 

Tenant must maintain a fit and habitable premise and is prohibited from intentionally or negligently damaging or removing any part of the premise.  Tenants must conduct themselves and others in a manner not to disturb the neighbor’s peaceful enjoyment of their premises. 

 

 

 

 

 

ARKANSAS EVICTION LAWS

 

Arkansas requires a landlord to file an Eviction Lawsuit action to evict a tenant.  

Landlords may evict tenants for the following:

  • Unpaid rent
  • Breach of lease agreement
  • Noncompliance of health and safety regulations required by tenants

 

Can landlords do a ‘self help’ eviction?

In Arkansas, it is illegal for landlords to attempt to evict a tenant not through a court order.  Tenants can report to the courts and landlords face fines.

Are landlords allowed to lock out tenants by changing locks?

Landlords cannot change locks.

Are landlords allowed to turn off utilities?

Landlords cannot turn off utilities.

Tenants may not be evicted for non-payment of rent if:

No Statute.

 

 

Do landlords have to make a reasonable attempt to mitigate damages when re-renting the rental unit?

No Statute.  Landlords are encouraged to do their best to help tenants.

 

 

 

ARKANSAS LAWS ON RETALIATION

 

Arkansas laws state a landlord cannot terminate a lease, refuse a lease renewal or raise rents when:

 

  • Tenant submitted a complaint to government agency for building or health code violation
  • Tenant has sent written complaints to the landlords about repairs

 

Arkansas does not define a period of time that would result in a retaliatory action.  (Arkansas Code § 20-27-608)

 

 

 

 

LAWS ON DOMESTIC VIOLENCE, SEXUAL MISCONDUCT, AND SEXUAL ASSAULT

 

Arkansas has no statutes to protect a victim of domestic violence, sexual assault, rape or stalking.  Burbz encourages landlords to work with these victims in good faith and help prevent or reduce the situation.  This includes changing locks or letting the victim out of their lease agreement to find a safer home.

 

Verify Claim:

A landlord is allowed to verify claim of Domestic Violence. (Arkansas Code § 18-16-112(d))

 

 

Can a tenant terminate the least if they are a victim of domestic violence: 

No Statute whether a domestic violence victim can terminate a lease.  Burbz encourages tenants to communicate with landlords.

 

 

Who is responsible for Recovery of Losses: 

Landlords can hold the domestic abuse offender responsible for unpaid rent.  (Arkansas Code § 18-16-112(d))

 

 

Must Landlords Change Locks:

If requested by a victim of Domestic Violence, a landlord must change the locks.  Cost of the lock is at the tenant’s expense.  The tenants can change locks themselves but must provide a set of keys and follow state procedure. (Arkansas Code § 18-16-112(d))

 

 

ARKANSAS LAWS FOR LOCKS AND LANDLORDS

 

Are landlords requested to change locks before new tenants:

No Statute.  Before new tenants moves in, landlords are not required to change the locks.  It is always recommended to do so.

 

 

Are landlords required to install any specific security device:

No Statute.

 

 

Do landlords have to change locks for domestic violence victims:

No Statute.

 

 

 

 

 

ARKANSAS PET LAWS & PET POLICIES

Arkansas Landlord-Tenant Laws does not have any specific pet laws.  Landlords are legally allowed to create their own pet policies and requirements.  Including tolerance for breeds, size, types, and more.  Read our guide to pet policies.

 

 

Any limitations on pets that landlords can impose?

No Statute.

 

 

What are the max pet deposits in Arkansas:

No Statute for max deposits.  Landlords can also charge non-refundable fees. 

 

 

 

 

DO LANDLORDS IN ARKANSAS NEED A RENTAL LICENSE?

 

According to Arkansas Landlord-Tenant Laws, landlords do not need a rental license in Arkansas.

Landlords and owner of a residential rental property do not need to register the property.  Local cities may have different requirements, we recommend you research the local city specific laws.

 

 

 

 

 

NOTICE OF ENTRY LAWS IN ARKANSAS

Do landlords in Arkansas have to provide notice of entry? 

Arkansas does require landlords to provide any notice.  However, it is recommended that landlords provide 24 hours’ notice for normal circumstances entry.    This includes:

  • Non-emergency maintenance and repairs
  • Improvements to property
  • Inspections
  • Showing prospective tenants, contractors, mortgagees or buyers.

 

When can a landlord enter without notice:

No Statute.

 

 

Can landlords enter for non-emergency maintenance and repairs?

Yes. (Arkansas Code § 18-17-602)  (Arkansas Code § 18-17-705)

 

 

Can landlords enter for showings?

Yes. (Arkansas Code § 18-17-602)  (Arkansas Code § 18-17-705)

 

 

 

Can landlords enter for emergencies without notice?

Yes. (Arkansas Code § 18-17-602)  (Arkansas Code § 18-17-705)

 

 

Can landlords enter during Tenant’s extended absence?

No Statute.

 

 

Can landlords enter for pesticide use?

No Statute.

 

 

 

 

ARKANSAS SUBLEASE AND ASSIGNMENT PROVISIONS

Is subleasing permitted?

Yes, there is no statute preventing subleasing.

 

 

Do you need the landlord consent?

If the lease includes a clause stating the landlord allows or requires consent.

 

 

Can the LL / lease prohibit subletting?

Yes, there is no statute.  Landlords should include language in their rental agreement to prohibit without approval.

 

 

 

 

TENANT ABANDONED PROPERTY IN ARKANSAS

 

Arkansas Landlord-Tenant Laws does specific procedures that landlords must follow when tenants leave belongings.  This may be from evictions or moving out at the expiration of lease.

 

How long must landlords hold Tenant’s personal property?

No defined period of time.  (Arkansas Code § 18-16-108)

 

How long notice must landlords give if law enforcement has legally locked them out?

No Statute.    (Arkansas Code § 18-16-108)

 

Can the landlords sell property to pay for outstanding debts?

All personal property is subject to a lien for the payment of sums agreed to be paid by tenant in the lease agreement.    (Arkansas Code § 18-16-108)

 

What happens to excess proceeds?

No Statute.

 

How long must landlords keep records of the sale for?

No Statute.

 

Landlord must store the tenant’s abandoned property where:

No Statute.

 

 

 

Are the landlords liable for damage?

No Statute.

 

 

 

 

REQUIRED RENTAL AGREEMENT DISCLOSURES FOR ARKANSAS LEASES

 

Arkansas Landlord-Tenant Laws requires the following be included with all Rental Agreement Disclosures:

 

Lead Paint Disclosure:  Yes.  Federal law requires every landlord to disclose known information on lead-based paint and hazards.  Landlords must provide this EPA-approved pamphlet.

 

 

HELPFUL RESOURCES

 

Ark. Code Ann. § 18-16 – Landlord and Tenant

Ark. Code Ann. § 18-17 Arkansas Residential Landlord — Tenant Act of 2007

HUD: Arkansas Affordable Apartment Search

 

 

ARKANSAS RELATED COURT INFO & LINKS

Arkansas Small Claims Court Limits:

$5,000 is the limit for small claims court.

Guide to Small Claims Court in Arkansas

 

Arkansas Eviction Cases Allowed in Small Claims:

No.

 

Arkansas Judiciary

Arkansas Attorney General

Arkansas Bar Association

 

 

 

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