The Landlord-Tenant Environment in Arkansas

Arkansas landlord-tenant laws do not put a lot of restrictions on landlords or tenants. Importantly, tenants should understand that in Arkansas the tenant takes the rental property as is unless the lease states otherwise. This means that the landlord does not have a duty to repair the rental unit. Landlords and tenants should be clear about what they expect from each other during the tenancy and they should make sure to put their expectations in the lease.

Security Deposit Laws in Arkansas

Landlords may withhold security deposits for the following

  • Unpaid rent
  • Unpaid utility charges
  • Damage to the rental unit
  • Any other damages caused by the tenant’s noncompliance with the lease
Do landlords have to pay interest on security deposits in Arkansas?
No, landlords do not have to pay interest on security deposits.


Can security deposits be commingled with other assets in Arkansas?
Landlords may commingle security deposits with their other funds.

Rental Agreement Laws in Arkansas

Are written leases required in Arkansas?

All rental agreements longer than 1 year must be written. However, regardless of the length of the rental agreement we highly recommend you use a written lease. It is the best way to confirm an agreement between the landlord and tenant.

Create an online Arkansas rental lease with Avail. Our rental agreement includes all the necessary notices and disclosures based on your property’s address.

What are the general lease provisions in Arkansas?
Rental agreements generally include the following terms and clauses:

  • Cost of rent
  • Length of the agreement
  • Subleasing
  • The cost of late charges and when they will be charged
  • Who will be responsible for maintenance
  • Who will be responsible for paying utility charges

What are the notice requirements for ending a rental agreement?

Fixed-term leases do not require a notice of termination — the lease will when it's stated in the lease. Month-to-Month rentals require 30 days’ notice by the tenants or landlords to end the lease. For week-to-week rentals, the landlord or tenant needs to provide the other party with 7 days’ notice.

Rental Payment Laws in Arkansas

Unless the rental agreement states otherwise, rent is payable monthly at the beginning of the month.

Do landlords have to provide tenants receipts for rent payments?

No. Landlords do not have to provide tenants receipts for rent payments. However, it is good practice to do so.

Late Fees and Grace Period Laws in Arkansas

Is there a legal requirement for late fees in Arkansas?
There is no legal requirement for late fees.
Does Arkansas have a law regarding grace periods?
There is no legal requirement for grace periods.

Tenant’s Rights and Landlord’s Duties

Landlords do not have any statutory duty to repair any defects of the rental unit. The tenant rents the unit as-is unless the contract states otherwise. However, if the city or town has a housing or building regulations regarding health or safety, then landlords must comply with those regulations. Landlords should be sure to check local housing and building regulations to be sure they are compliant.

What remedies are available to tenants if the landlord fails to make the required repairs?

Unless the lease states otherwise the landlord has no duty to many any repair to the rental unit. If the rental unit is in violation of local building or housing codes, the tenant may call the local agency responsible for enforcing the code to inspect the unit.

Notice of Entry Laws in Arkansas
The landlord may enter the unit to:

  • Inspect the unit
  • Make necessary or agreed-upon repairs
  • Make necessary or agreed-upon repairs
  • Show the unit to potential buyers or tenants

How much notice must the landlord provide the tenant before entering the unit?

Landlords do not have to provide tenants with notice of entry; however, it is best practice for landlords to provide at least 24-hour notice.

Arkansas Eviction Laws

Landlords may make evict a tenant for the following reasons:

  • Failure to pay rent
  • Noncompliance regulations or laws that materially affect health and safety
  • Any other substantial noncompliance with the lease

Is the landlord required to give certain notice if they wish to evict a tenant?

To evict a tenant for the failure to pay rent, the landlord must give the tenant a 5-day notice requiring payment of rent. If the tenant does not pay in 5 days, the landlord may move forward with the eviction.

For any other type of eviction, the landlord needs to provide the tenant with a 14-day notice of the eviction.
Rights of Domestic Violence Victims

Landlords cannot end a lease or refuse to renew a lease because the tenant was a victim of domestic violence. Also, landlords cannot refuse to rent to a potential tenant because the potential tenant was a victim of domestic violence.

If a tenant is a victim of domestic violence, they can have the locks changed at their own expense. The tenant must provide the landlord with a copy of the restraining order. Either the landlord or tenant may change the locks. Whoever changes the locks must provide the other party with a copy of the new keys as soon as possible.

Arkansas Pet Laws

Arkansas does not have any laws regarding pet and residential properties. However, federal law requires landlords to try to accommodate tenants that require the assistance of service animals.

Rental Licenses

In Arkansas do landlords need a rental license?

No, landlords do not need a rental license to rent their property.

Sublease and Assignment Provisions in Arkansas

Unless the lease states otherwise, tenants may sublease the unit. Landlords that wish to control the subleasing on their property should make sure their leases have a subletting clause.

Required Arkansas Rental Agreement Disclosures

Lead Paint: Landlords who rent units built before 1978 must disclose all known lead-based paint and lead-based paint hazards in the unit, include a warning in the lease, and give renters a copy of the EPA’s pamphlet, Protect Your Family from Lead in Your Home.

Helpful Arkansas Landlord-Tenant Law Resources

Arkansas Attorney General

Arkansas Landlord-Tenant Statute

Arkansas Legal Services

Arkansas Bar Association

Arkansas Development Finance Authority  

Disclaimer

This article is designed to convey information, and not to provide legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney for any decision or course of action contemplated.



Arkansas Rental Laws

The Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.

With that said, landlord-tenant laws are always changing, and may even vary from county to county. You have a responsibility to perform your own research and cautiously apply the laws to your unique situation.  If you have a legal question or concern, I only recommend contacting a licensed attorney referral service that is operated by the Arkansas State Bar.

This article is not intended to be exhaustive or a substitute for qualified legal advice.

Official Rules and Regulations

Security Deposit:

  • Exceptions: These security deposit statutes do not apply to landlords who own five (5) or fewer dwelling units, among other conditions. (A.C.A. § 18-16-303)

  • Security Deposit Maximum: Two (2) months rent (A.C.A. § 18-16-304)

  • Deadline for Returning Security Deposit: 60 days (A.C.A. § 18-16-305)

  • Nonrefundable Deposits: No Statute

  • Security Deposit Interest: No Statute

  • Separate Security Deposit Bank Account: No Statute

  • Pet Deposits and Additional Fees: No Statute, but the total deposit cannot exceed two (2) months rent (A.C.A. § 18-16-304)

  • Move-Out Checklist/Itemized List of Damages and Charges: Yes (A.C.A. § 18-16-305)

  • Advance Notice of Withholding: No Statute

  • Record Keeping of Deposit Withholdings: No Statute

  • Receipt of Deposit: No Statute

Lease, Rent, and Fees:

  • Rent Is Due: Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless the tenant is otherwise notified in writing, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. (A.C.A. § 18-17-401)

  • Rent Increase Notice: No Statute

  • Rent Grace Period: 5 days (A.C.A. § 18-17-701(b))

  • Late Fees: No Statute

  • Prepaid Rent: No Statute

  • Returned Check Fees: Not to exceed $10-$50 depending on the reason. (A.C.A. § 5-37-307 and A.C.A. § 5-37-304)

  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No Statute

  • Tenant Allowed to Repair and Deduct Rent: No Statute

  • Landlord Allowed to Recover Court and Attorney Fees: Yes (A.C.A. § 18-17-701(2) and A.C.A. § 18-17-704)

  • Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Rerent: No Statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.

  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days (A.C.A. § 18-17-704)

  • Notice to Terminate Tenancy – Week-to-Week Lease: 7 days (A.C.A. § 18-17-704)

  • Termination for Nonpayment: 5 days unconditional quit notice, and must wait the full 5 days to start the eviction process. (A.C.A. § 18-17-701A.C.A. § 18-16-101A.C.A. § 18-17-901(b))

  • Termination for Lease Violation: Landlord may terminate the agreement immediately under a variety of conditions (A.C.A. § 18-60-304)

  • Required Notice before Entry: No Statute

  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (A.C.A. § 18-17-602)

  • Entry Allowed with Notice for Showings: Yes (A.C.A. § 18-17-602)

  • Emergency Entry Allowed without Notice: No Statute

  • Notice of Date/Time of Move-Out Inspection: No Statute

  • Notice of Extended Absence: No Statute

  • Entry Allowed During Tenant’s Extended Absence: No Statute

  • Notice to Tenants for Pesticide Use: No Statute

  • Lockouts Allowed: No Statute, but these are never allowed.

  • Utility Shut-offs Allowed: No Statute, but these are never allowed.

  • Consequences for Self-Help Eviction: The courts will decide damages on a case-by-case basis.

  • Abandonment of Personal Property: Upon the voluntary or involuntary termination of any lease agreement, all personal property left left behind by the tenant can be disposed of by the landlord without recourse by the lessee. (A.C.A. § 18-16-108)

Disclosures and Miscellaneous Notes:

  • Tenant’s Duties: (A.C.A. § 18-17-601)

    • Compliance: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;

    • Cleanliness: Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;

    • Trash: Dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;

    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;

    • Appliances: Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;

    • Lawful Activity: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and

    • Quite Enjoyment: Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.

  • Domestic Violence Situations:

    • Proof of Status: Landlord is entitled to verify the claim of Domestic Violence status. (A.C.A. § 18-16-112(d))

    • Protection from Termination: Landlord cannot terminate a tenancy, fail to renew a tenancy, or refuse to enter into a rental agreement with a victim of domestic violence. (A.C.A. § 18-16-112(b))

    • Locks: Upon request, the landlord must change or re-key the locks at the tenant’s expense. (A.C.A. § 18-16-112(b))

  • Retaliation: After receiving notice of the presence of lead hazards, no owner of any dwelling or dwelling unit shall engage in retaliatory action against an occupant of the affected dwelling or dwelling unit especially as pertains to eviction or threat of eviction because of the presence of lead hazards. (A.C.A. § 20-27-608)

  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court and Legal Related:

Business Licenses:

  • Business License: No state-wide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

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