Arkansas

An Arkansas simple (basic) lease agreement creates a legally binding document where landlords agree to rent all or part of their properties to tenants. Tenants, in turn, commit to adhering to the terms and conditions outlined in their rental contract. Property owners must include essential details in every lease, encompassing tenant and landlord information, known health hazards or risks, comprehensive rent specifics, and detailed pet-related rules.

Arkansas Simple (Basic) Lease Agreement

Arkansas maintains landlord-friendly rental laws without rent control restrictions, allowing property owners to set and increase rents without government limitations. However, landlords cannot raise rent in retaliation against tenants. The state imposes no limits on late fees, and property owners may include penalty structures in their rental contracts. Additionally, Arkansas requires no mandated grace periods for late rent payments, and landlords need no licensing to operate rental properties.

Before finalizing any rental agreement, property owners typically require prospective tenants to complete comprehensive rental applications.

Required Lease Disclosures

Arkansas law requires landlords to comply with specific disclosure requirements when creating rental contracts. Most notably, property owners must provide lead-based paint disclosures in every lease when the property was built before 1978. This federal requirement protects tenants from lead exposure risks in older rental properties.

Security Deposit Rules and Regulations

Arkansas allows landlords to charge security deposits up to two months’ rent in their contracts, unless they own fewer than five rental units. Property owners face no requirements to provide receipts for security deposits, pay interest on them, or hold deposits in separate bank accounts.

Landlords must return security deposits to tenants within 60 days after their lease ends. Property owners may withhold portions of security deposits for unpaid rent, utility bills, severe property damage, or lease violations specified in the rental contract.

Rent Payment Requirements and Late Fee Policies

Monthly Rent Due Dates and Payment Terms

Tenants must pay rent at the time and place specified in their rental agreement. Since Arkansas enforces no rent control laws, landlords can set and increase rents freely in their contracts. Property owners face no caps on late fees and can establish their own penalty structures, provided fees reasonably reflect costs incurred due to late payments.

Eviction Notice Requirements

When tenants fail to pay rent, landlords may issue 3-day notices to quit according to lease terms. Arkansas law prohibits tenants from withholding rent payments, even when landlords fail to meet lease obligations or maintain properties properly.

Landlord Entry Rights and Access Policies

Arkansas law requires no legal notice before landlords enter rented properties, though property owners should provide at least 24 hours’ notice as best practice. In domestic violence cases, both tenants and landlords may change locks at the tenant’s expense according to rental contract provisions.

Property Maintenance and Repair Responsibilities

Landlord Repair Obligations

Unless rental contracts specify otherwise, landlords face no legal obligations to make repairs or maintain rental premises. This unique aspect of Arkansas rental law places significant responsibility on tenants for property upkeep.

Tenant Maintenance Requirements

When tenants fail to address health or safety issues within 14 days of receiving written notice, landlords may terminate the lease or charge tenants for necessary repairs. During emergency situations, tenants must rectify issues immediately according to their contract terms.

Property Abandonment Policies

Arkansas law specifies no time frame for considering properties abandoned. Instead, landlords can define abandonment terms within their rental agreements, giving property owners flexibility in handling vacant units.

How to Terminate a Lease

Month-to-Month Tenancy Termination

For month-to-month tenancies, landlords must provide 30-day notices to terminate rental agreements. This gives both parties adequate time to prepare for tenancy changes while maintaining legal compliance.

Abandoned Personal Property After Termination

Personal belongings left behind by tenants after lease termination become abandoned property. Landlords may dispose of these items as they see fit. To reclaim their property, tenants must pay any applicable liens as specified in their rental contract.

Legal Statutes and Compliance

Arkansas Rental Law Framework

Arkansas rental statutes provide the legal foundation for all landlord-tenant relationships in the state. These laws establish minimum requirements while allowing significant flexibility for property owners.

State vs. Local Regulations

While Arkansas state law governs most rental relationships, some municipalities may impose additional requirements. Property owners should research local ordinances that might affect their rental operations.

Key Takeaways for Arkansas Rental Success

Arkansas rental laws heavily favor landlords while providing minimal tenant protections compared to other states. Property owners benefit from no rent control restrictions, flexible late fee structures, and limited repair obligations. Tenants should carefully review lease terms since Arkansas law places substantial responsibilities on renters for property maintenance and rent payments. Understanding these requirements helps both parties create clear rental relationships while complying with state regulations and protecting their respective interests throughout the tenancy period.

Legal 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, 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.