Arkansas Lease Agreement

Understanding Arkansas Lease Agreement Requirements

State Legal Framework

Arkansas landlord tenant law operates differently from most states because Arkansas has not adopted the Uniform Residential Landlord and Tenant Act. Instead, Arkansas relies on limited statutory provisions and common law principles governing rental relationships. This framework gives landlords significant flexibility in establishing lease terms while requiring tenants to carefully review agreements before signing. The Arkansas rental lease agreement becomes enforceable when both parties sign the document, creating mutual obligations that govern the entire landlord-tenant relationship.

Written Agreement Standards

Arkansas does not legally require written lease agreements for tenancies under one year. However, creating a written residential lease agreement Arkansas landlords can reference provides clear documentation and legal protection. Written agreements prevent disputes by establishing explicit terms both parties acknowledge and accept. Given Arkansas’s limited statutory protections, comprehensive written leases become especially important.

Essential Elements of an Arkansas Lease Agreement

Parties and Property Identification

Complete Party Information Every Arkansas lease agreement template should identify all parties involved in the rental arrangement. Required information includes:

• Full legal names of all landlords or property managers
• Full legal names of all adult tenants
• Complete property address including unit numbers
• Legal property description when applicable

Accurate identification prevents confusion about who holds rights and responsibilities under the agreement.

Lease Term and Duration

Fixed-Term Agreements Fixed-term leases establish specific start and end dates for tenancies. Most Arkansas rental contracts run for 12-month periods, though landlords can create agreements for any duration. Fixed-term leases provide stability for both parties and establish clear expectations about tenancy length.

Month-to-Month Arrangements Month-to-month rental agreements offer flexibility for landlords and tenants who prefer shorter commitments. These arrangements automatically renew each month until either party provides proper termination notice. Arkansas requires 30 days written notice to terminate month-to-month tenancies under common law principles.

Rent Payment Terms

Payment Obligations Arkansas lease agreements must clearly state rent payment requirements including:

• Monthly rent amount
• Payment due date
• Accepted payment methods
• Where tenants should submit payments
• Grace period provisions (if offered)

Arkansas law does not mandate specific grace periods, so landlords should clearly specify any grace period terms in lease agreements.

Late Fee Provisions Arkansas does not impose statutory caps on late fee amounts, allowing landlords to set penalties for overdue rent according to lease terms. Late fee policies should appear clearly in the rental agreement Arkansas tenants receive. Including specific late fee amounts and assessment dates prevents disputes.

Security Deposit Requirements in Arkansas

Deposit Limits and Handling

No Statutory Cap Arkansas places no legal limit on security deposit amounts. Landlords can request deposits based on property value, rental rates, and risk assessment. Most landlords collect deposits equal to one or two months rent, though higher amounts remain legally permissible.

No Separate Account Requirement Arkansas does not require landlords to hold security deposits in separate accounts or pay interest on deposited funds. However, maintaining organized records of all deposits protects landlords during disputes and ensures proper accounting.

Return Procedures

60-Day Timeline Arkansas landlords must return security deposits within 60 days after tenants vacate properties. This timeline applies to both the deposit return and any itemized statement of deductions when landlords withhold portions of deposits.

Allowable Deductions Landlords can deduct from security deposits for:

• Unpaid rent or fees owed under the lease
• Damage beyond normal wear and tear
• Cleaning costs to restore property condition
• Costs for repairing tenant-caused damage
• Other charges specified in the lease agreement

Providing itemized deduction statements with remaining deposit balances prevents tenant disputes and potential legal claims.

Deposit Documentation

Arkansas landlords should document property condition thoroughly at move-in and move-out. Creating detailed inventories with photographs protects landlords when assessing security deposit deductions. Both parties should sign move-in checklists acknowledging property condition.

Required Disclosures for Arkansas Rental Agreements

Lead-Based Paint Disclosure

Federal law mandates lead-based paint disclosures for all rental properties built before 1978. Arkansas landlords must provide:

• Written disclosure of known lead-based paint presence
• EPA pamphlet “Protect Your Family from Lead in Your Home”
• Ten-day opportunity for lead inspection
• Signed acknowledgment of disclosure receipt

Failure to provide proper lead disclosures exposes landlords to significant federal penalties.

Landlord Contact Information

Every Arkansas rental lease agreement should include the name and address of the property owner or authorized management agent. Tenants need this information to:

• Send legal notices and communications
• Request repairs and maintenance
• Report emergencies
• Deliver rent payments

Providing multiple contact methods improves landlord-tenant communication throughout tenancies.

Security Deposit Terms

Arkansas landlords should clearly disclose security deposit terms in lease agreements including:

• Total deposit amount required
• Conditions for deposit return
• Itemization requirements for deductions
• Timeline for deposit return after move-out

Clear deposit disclosures establish expectations and reduce disputes at tenancy termination.

Landlord and Tenant Rights Under Arkansas Law

Landlord Obligations

Limited Habitability Requirements Arkansas does not impose implied warranty of habitability requirements on landlords like most other states. Landlord maintenance obligations depend primarily on lease agreement terms. However, landlords must:

• Comply with applicable building and housing codes
• Maintain properties according to lease terms
• Fulfill any repair obligations specified in agreements
• Provide properties in the condition promised

Arkansas landlords should clearly specify maintenance responsibilities in lease agreements to establish binding obligations.

Property Access Rights Arkansas law does not specify notice requirements for landlord entry. Landlords should include reasonable entry provisions in lease agreements specifying:

• Notice period before entry (commonly 24-48 hours)
• Permissible entry purposes
• Emergency access provisions
• Tenant consent procedures

Including entry provisions protects both parties and establishes clear expectations.

Tenant Responsibilities

Property Care Standards Tenants must maintain rental units according to lease agreement terms. Common tenant obligations include:

• Paying rent on time according to lease terms
• Keeping property clean and sanitary
• Avoiding property damage beyond normal wear
• Following all lease provisions and rules
• Allowing reasonable landlord access as specified
• Properly disposing of garbage and waste
• Complying with applicable housing codes

Lease Termination and Eviction Procedures

Voluntary Termination

Notice Requirements Arkansas termination notice requirements depend on lease type and agreement terms:

• Fixed-term leases end automatically on specified dates
• Month-to-month agreements typically require 30 days written notice
• Week-to-week tenancies typically require 7 days written notice

Including clear termination procedures in lease agreements prevents misunderstandings about proper notice protocols.

Eviction Processes

Unlawful Detainer Actions Arkansas uses unlawful detainer proceedings for evictions. The process varies based on eviction grounds:

Nonpayment of Rent Arkansas landlords can pursue eviction when tenants fail to pay rent. Landlords may proceed with:

• Written notice to vacate (timeframe per lease terms)
• Filing unlawful detainer action in district court
• Court hearing and judgment
• Writ of possession for physical removal

Lease Violations Landlords can pursue eviction for lease violations according to agreement terms. Arkansas law allows landlords significant discretion in establishing violation consequences and cure periods within lease agreements.

Criminal Activity Arkansas permits expedited eviction proceedings for criminal activity on rental premises. Drug-related activity and violent crimes may allow immediate termination and eviction proceedings.

Failure to Vacate Penalties

Arkansas imposes penalties on tenants who fail to vacate after lease termination. Tenants who wrongfully hold over may owe double rent for the holdover period. This provision encourages timely move-outs and compensates landlords for delayed possession.

Creating an Effective Arkansas Rental Lease Agreement

Documentation Best Practices

Comprehensive Terms Given Arkansas’s limited statutory framework, strong lease agreements become essential. Arkansas leases should address:

• Pet policies and deposits
• Guest and occupancy limits
• Maintenance responsibilities (clearly defined)
• Utility payment assignments
• Parking and storage rules
• Noise and conduct standards
• Renewal and termination procedures
• Entry notice requirements
• Repair request procedures
• Habitability standards and landlord obligations

Professional Templates Using an Arkansas lease agreement template ensures contracts include all necessary elements. Customizing templates for specific properties and situations creates comprehensive agreements that protect landlord interests while establishing clear tenant obligations.

Tenant Screening Integration

Application Procedures Thorough tenant screening before lease signing helps landlords select reliable tenants. Screening should include:

• Credit history review
• Employment and income verification
• Rental history and references
• Background checks where permitted

Documenting screening criteria and applying standards consistently protects landlords from discrimination claims.

Arkansas-Specific Considerations

Landlord-Friendly Legal Environment

Arkansas provides one of the most landlord-friendly legal environments in the nation. Key advantages include:

• No statutory security deposit limits
• No implied warranty of habitability
• Flexible lease term establishment
• Streamlined eviction procedures
• Limited tenant remedy provisions

This environment requires landlords to establish fair, comprehensive lease terms that protect both parties.

Importance of Detailed Lease Agreements

Because Arkansas relies heavily on contract terms rather than statutory requirements, lease agreements should address:

• All maintenance and repair obligations
• Property condition standards
• Entry notice procedures
• Dispute resolution processes
• Specific default remedies

Detailed agreements prevent disputes and provide clear guidance when issues arise.

Natural Disaster Provisions

Arkansas experiences tornadoes, severe storms, and flooding. Lease agreements should address:

• Tenant obligations during severe weather
• Insurance requirements and recommendations
• Property damage notification procedures
• Lease termination rights after major damage
• Temporary relocation provisions

Manufactured Housing Considerations

Arkansas has significant manufactured housing inventory. Landlords renting manufactured homes or lots should understand:

• Specific disclosure requirements for mobile home parks
• Lot rental agreement distinctions
• Utility metering and billing requirements
• Community rules and enforcement procedures

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

• Cleanliness: Keep unit clean and safe. (A.C.A. § 18-17-601)
• Trash: Dispose of garbage cleanly and safely. (A.C.A. § 18-17-601)
• Plumbing: Keep fixtures clean. (A.C.A. § 18-17-601)
• Appliances: Use reasonably. (A.C.A. § 18-17-601)
• Damage: Do not destroy or damage the unit. (A.C.A. § 18-17-601)
• Quiet Enjoyment: Maintain peaceful use. (A.C.A. § 18-17-601)
• Subleasing: Only with landlord’s written permission.
• Retaliation: Prohibited. 
• Lead Disclosure: Federal disclosure required.

 

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Protecting Your Arkansas Rental Investment

A well-drafted Arkansas rental lease agreement forms the foundation of successful property management. Given Arkansas’s limited statutory framework, comprehensive lease documentation becomes especially critical. Clear terms, defined responsibilities, and detailed procedures prevent disputes while protecting both landlord and tenant interests.

RocketRent provides Arkansas lease agreement templates designed to address state-specific requirements and protect landlord investments. Our platform streamlines property management with integrated tools for lease creation, rent collection, and tenant screening. Create your Arkansas rental lease agreement today and manage your properties with confidence.