Arkansas
An Arkansas lease agreement is a legally binding document in which a landlord agrees to rent all or part of a property to a tenant. The tenant, in turn, agrees to adhere to the terms and conditions outlined in the lease. Essential details that landlords must include in their agreements encompass tenant and landlord information, known health hazards or risks, rent specifics, and pet-related rules.
SimpleBasicLease_Arkansas
Rental Lease Laws Overview
Arkansas does not have rent control laws, allowing landlords to set and increase rents without restrictions, except that they cannot raise rent in retaliation against tenants. There is no state-imposed limit on late fees, and landlords may include late fees in the lease agreement. Additionally, there is no mandated grace period for late rent payments, and landlords are not required to hold a license.
Before entering a lease agreement, landlords typically require prospective tenants to complete a rental application.
Required Lease Disclosures
Landlords in Arkansas must comply with specific disclosure requirements when renting out their properties. Notably, if the property was built before 1978, landlords are required to provide a lead-based paint disclosure.
Security Deposit
Landlords in Arkansas may charge a security deposit of up to two months’ rent unless they own fewer than five rental units. They are not required to provide receipts for security deposits, pay interest on them, or hold them in a separate bank account. Security deposits must be returned to tenants within 60 days after the lease ends. Landlords may withhold part of the security deposit for unpaid rent, utility bills, severe damage to the property, or lease violations.
Rent Payments
Rent is due at the time and place specified in the lease agreement. As previously mentioned, Arkansas has no rent control laws, allowing landlords to set and increase rents freely. There is no cap on late fees; landlords can establish their own fees in the lease agreement, which should reasonably reflect the costs incurred due to late payment. If rent is not paid, landlords may issue a 3-day notice to quit. Tenants are not permitted to withhold rent, even if the landlord fails to meet lease obligations or maintain the property.
Landlord Right of Entry
Landlords are not legally required to provide notice before entering rented properties, but it is recommended to give at least 24 hours’ notice. In cases of domestic violence, both tenants and landlords may change locks at the tenant’s expense.
Property Repairs
Unless specified otherwise in the lease agreements, landlords are not obligated to make repairs or maintenance to the premises. If tenants fail to address health or safety issues within 14 days of receiving written notice, landlords may terminate the lease or charge tenants for repairs. In emergency situations, tenants must rectify issues immediately. Arkansas law does not specify a time frame for a property to be considered abandoned; landlords can define abandonment terms within the lease agreement.
Terminating a Lease
For month-to-month tenancies, landlords must provide a 30-day notice to terminate the lease. Personal belongings left behind by tenants are considered abandoned, and landlords may dispose of these items as they see fit. To reclaim their property, tenants must pay any lien.
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
FAQs
In Arkansas, landlords must disclose lead-based hazards if the property was built before 1978. This is the only essential disclosure mandated by state law.
Landlords in Arkansas can charge a maximum security deposit of up to two months’ rent, unless they own fewer than five rental units, in which case different rules may apply.
In Arkansas, landlords must return the security deposit to tenants within 60 days of the lease’s end. They may withhold part of the deposit for unpaid rent, utility bills, severe damage, or lease violations.
Yes, Arkansas has no rent control laws, allowing landlords to set and increase rents freely. However, they cannot raise rent in retaliation against tenants.
Landlords must provide a 30-day notice to terminate a month-to-month tenancy in Arkansas.
There are no state-imposed limits on late fees in Arkansas. Landlords can set their own fees in the lease agreement, but these should reasonably reflect the costs incurred due to late payment.
In Arkansas, landlords are not required to make repairs unless specified in the lease. Tenants can be charged for repairs if they fail to address health or safety issues within 14 days of written notice.
No, tenants in Arkansas cannot withhold rent, even if the landlord fails to fulfill lease obligations or maintain the property.
In Arkansas, personal belongings left behind are considered abandoned. Landlords can dispose of these items as they see fit, and tenants must pay any lien to reclaim their property.