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Arkansas

This article provides a quick overview of some key Arkansas Landlord-Tenant laws applicable to residential rental units.   We’ve used the Official Arkansas Statutes cited below to research this information and it should be a good starting point in learning about the law.

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Arkansas Commercial Lease Agreement

Arkansas Landlord Tenant Key Rules

Official Arkansas Forms:

Leases

Notices

Addendums

Forms

Property Management

Disclosures

Checklists

 

Applications

Letters

 

Security Deposit:

TOPIC RULE
Security Deposit Maximum: 2x monthly rent Ark. Code § 18-16-304
Security Deposit Interest: No statute
Separate Security Deposit Bank Account: No statute
Non-refundable fees: No statute
Pet Deposits and Additional Fees: No statute
Deadline for Returning Security Deposit: Within 60 days of the termination of tenancy. Landlord must provide detailed list of deductions and mail via first class to last known address with any payment. Ark. Code § 18-16-305(a)(1)
Permitted Uses of the Deposit: Applicable to unpaid accrued rent and damages as a result of tenant’s noncompliance with rental agreement. Ark. Code § 18-16-305(2)
Security Deposit can be Withheld: Yes Ark. Code § 18-16-305(2)
Require Written Description/Itemized List of Damages and Charges: Yes Ark. Code § 18-16-305(a)(1)
Receipt of Security Deposit: No statute
Record Keeping of Deposit Withholdings: No statute
Failure to Comply: The tenant may recover the property, money owed, 2x amount held in damages, and attorney fees. Ark. Code § 18-16-306

Lease, Rent & Fees:

TOPIC RULE
Rent is Due: As defined in the terms of the rental agreement. Periodic rent is due at the beginning of one month’s term or less if it’s a week-to-week scenario. Ark. Code § 18-17-401
Payment Methods: No statute
Rent Increase Notice: No statute. 30 days is common legal practice
Late Fees: No statute
Application Fees: No statute
Prepaid Rent: 2x monthly rent maximum Ark. Code § 18-16-304
Returned Check Fees: $30 fee per check + any additional bank fees. Ark. Code § 5-37-304(a)(3)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No Ark. Code § 18-17-502(d)(3)
Tenant Allowed to Repair and Deduct Rent: No statute
Self-Help Evictions: No statute
Landlord Allowed to Recover Court and Attorney’s Fees: Yes Ark. Code § 18-17-701(c)
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: No statute

Notices and Entry:

TOPIC RULE
Notice to Terminate Tenancy: No statute for fixed-end date leases.
Notice to Terminate a Periodic Lease – Week-to-week: 7-day notice Ark. Code § 18-17-704(a)
Notice to Terminate a Periodic Lease – Month-to-Month: 30-day notice Ark. Code § 18-17-704(b)
Notice to Terminate Lease due to Sale of Property: No statute. Refer to general periodic lease notice requirements on Ark. Code § 18-17-704
Notice of date/time of Move-Out Inspection: No statute
Notice of Termination for Nonpayment: Yes. 14 days to remedy or quit Ark. Code § 18-17-701(a)(1)
Notice for Lease Violation: Yes. 14 days to remedy or quit Ark. Code § 18-17-701(a)(1)
Required Notice before Entry: No statute
Entry Allowed with Notice for Maintenance and Repairs: No specification of a notice requirement but tenant shall not withhold consent to landlord. Ark. Code § 18-17-602
Emergency Entry Allowed without Notice: No specification of a notice requirement but tenant shall not withhold consent to landlord. Ark. Code § 18-17-602
Entry Allowed During Tenant’s Extended Absence: No statute
Entry Allowed with Notice for Showing the Property: No specification of a notice requirement but tenant shall not withhold consent to landlord. Ark. Code § 18-17-602
Notice to Tenants for Pesticide Use: No statute
Lockouts Allowed: No statute. However, it’s usually not allowed.
Utility Shut-offs Allowed: No statute. However, it’s usually not allowed.
Electronic Notices Allowed: No statute

Disclosures

  • Name and Addresses: Landlord must disclose the name and address of the owner or authorized agent. (Ark. Code Ann. § 18-17-301)
  • Copy of the Lease: Tenant should receive a copy of the lease. (Standard practice)
  • Domestic Violence Situations: State law does not currently provide an early termination right for victims of domestic violence. (No statutory provision)

Duties

Landlord’s Duties

  • Compliance: Must comply with building and housing codes affecting health and safety. (A.C.A. § 18-17-502)
  • Repairs: Must maintain the premises in a habitable condition, including plumbing, electrical, heating, and ventilation. (A.C.A. § 18-17-502)
  • Common Areas: Not specifically required by law, but health and safety codes apply.
  • Maintenance: Maintain essential services. (A.C.A. § 18-17-502)
  • Garbage: No specific provision, but general habitability requires removal and receptacles.

Tenant’s Duties