Arkansas Month-to-Month Lease Agreement
An Arkansas month-to-month rental agreement is a legally binding contract between a landlord and a tenant for short-term tenancy. Unlike a traditional fixed-term lease, which typically lasts for a set period, this agreement automatically renews until either party provides proper termination notice.
Arkansas Month-to-Month Lease Agreement
Month-to-Month Laws
Termination Notice
In Arkansas, either the landlord or tenant must provide a 30-day notice to terminate a month-to-month rental agreement. This notice must be given before the next rent payment is due.
Rent Increase Notice
While there are no specific statutes in Arkansas that directly address rent increase notices, it is generally expected that landlords provide notice of at least one rental period before implementing any rent increase.
Required Disclosures
Lead-Based Paint Disclosure
If the rental unit was constructed before 1978, both the landlord and tenant must sign a Lead-Based Paint Disclosure form, which addresses the presence of toxic paint in the property.
Property Manager Disclosure
For properties managed by a property manager, the rental agreement must include:
- Contact information for both the property manager and the tenant
- Payment terms
- An account of tenant payments at the start of the agreement
- Information on where the security deposit will be maintained
Arkansas Month-to-Month Eviction
To terminate a month-to-month tenancy, the landlord must issue a 30-day notice to quit. This notice must be given before the next rent payment is due. If the tenant does not vacate the property by the end of the notice period, the landlord may proceed with an eviction action in accordance with the Arkansas eviction process.
Statutes
- A.C.A. § 18-16-303 – Security Deposit Exceptions
- A.C.A. § 18-16-304 – Security Deposit Maximum
- A.C.A. § 18-16-305 – Deadline for Returning Security Deposit
- Ark. Code § 18-16-306 – Remedies
- A.C.A. § 5-37-307 – Returned Check Fees (Part 1)
- A.C.A. § 5-37-304 – Returned Check Fees (Part 2)
- A.C.A. § 18-17-401 – Rent Is Due
- A.C.A. § 18-17-701(b) – Rent Grace Period
- A.C.A. § 18-17-701(2) – Landlord Allowed to Recover Court and Attorney Fees (Part 1)
- A.C.A. § 18-17-704 – Landlord Allowed to Recover Court and Attorney Fees (Part 2)
- A.C.A. § 18-17-704 – Notice to Terminate Tenancy (Month-to-Month Lease)
- A.C.A. § 18-17-704 – Notice to Terminate Tenancy (Week-to-Week Lease)
- A.C.A. § 18-17-701 – Termination for Nonpayment (Part 1)
- A.C.A. § 18-16-101 – Termination for Nonpayment (Part 2)
- A.C.A. § 18-17-901(b) – Termination for Nonpayment (Part 3)
- A.C.A. § 18-17-601 – Tenant’s Duties
- Ark. Code § 18-17-602 – Access
- A.C.A. § 18-16-108 – Abandonment of Personal Property
- A.C.A. § 18-16-112(b) – Domestic Violence Situations: Protection from Termination
- A.C.A. § 18-16-112(b) – Domestic Violence Situations: Locks
- A.C.A. § 18-16-112(d) – Domestic Violence Situations: Proof of Status
- A.C.A. § 18-60-304 – Termination for Lease Violation
- A.C.A. § 20-27-608 – Retaliation Prohibition (Lead Hazards)
- A.C.A. § 16-56-111 – Statute of Limitations for Written Contracts
- Ark. Code § 18-17-502(d)(3) – Implied residential quality standards
- Ark. Code Ann. § 18-17-301 – General Definitions
FAQs
In Arkansas, either the landlord or tenant must provide a 30-day notice to terminate a month-to-month rental agreement. This notice must be given before the next rent payment is due.
Yes, landlords in Arkansas must provide a Lead-Based Paint Disclosure if the rental unit was constructed before 1978. Additionally, a Property Manager Disclosure is required, which includes contact information and payment terms.
Yes, landlords in Arkansas can increase rent during a month-to-month tenancy, but they must provide notice in accordance with the required termination period, which is typically 30 days.
If a tenant does not vacate the rental property by the end of the 30-day notice period, the landlord may proceed with an eviction action to remove the tenant from the property.
An Arkansas month-to-month rental agreement should include essential terms such as the rent amount, due date, security deposit details, responsibilities of both parties, and rules governing the use of the rental property.
While there is no specific format mandated by law, a rental application in Arkansas typically includes background information about potential tenants to help landlords determine their suitability for tenancy.