| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Arkansas?
In Arkansas, a landlord has the right to enter your home for the following reasons:
- Inspecting the property.
- Improvements (including decorations).
- Maintenance and repairs.
- Showing the property to potential renters and buyers.
- Investigating potential violations of the lease, laws, or property rules.
Can a Landlord Enter Without Permission in Arkansas?
Arkansas landlords can’t legally enter a rental property without permission, even in emergencies, although the renter might face consequences when unreasonably withholding consent for a valid entry request.
Can a Landlord Enter Without the Tenant Present in Arkansas?
Arkansas landlords must ask the tenant’s consent to legally enter a rental property, but the tenant doesn’t have to be present when the entry occurs.
Can a Landlord Show a House While Occupied in Arkansas?
Arkansas landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in Arkansas?
Arkansas landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Arkansas?
Arkansas landlords have no advance notice requirement before entering. However, a tenant might have grounds to withhold consent to enter if a landlord doesn’t provide a reasonable amount of notice. 24 hours is always a recommended minimum.
Can a Landlord Enter Without Notice in Arkansas?
Arkansas landlords have to ask the tenant’s consent to enter, but notice isn’t required before the landlord shows up to the rental property requesting entry.
How Can Landlords Notify Tenants of an Intention To Enter in Arkansas?
Arkansas landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Arkansas?
A tenant can’t unreasonably refuse entry to a landlord in Arkansas for the following reasons:
- Inspecting the property.
- Improvements (including decorations).
- Maintenance and repairs.
- Showing the property to potential renters and buyers.
- Investigating potential violations of the lease, laws, or property rules.
The tenant can refuse entry when the landlord wants to enter for other purposes, or when the tenant has reasonable grounds to deny access (for example, if the landlord wants to enter in the middle of the night without a good reason).
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Arkansas?
Arkansas landlords might do any of the following if the the tenant illegally refuses entry:
- Get a court order to force access.
- Sue for monetary damages.
- Start an action for possession (eviction).
If the refused entry was for the purpose of maintenance, the landlord is also released from having to fix that specific issue.
Can a Tenant Change the Locks Without Permission in Arkansas?
Arkansas tenants are specifically prohibited by law from changing locks without the landlord’s permission.
What Can a Tenant Do If the Landlord Enters Illegally in Arkansas?
If a landlord enters illegally in Arkansas, a tenant can:
- Get a court order to ban the landlord from entering.
- Sue for monetary damages.
- Cancel the rental agreement and move out (in severe cases where the entry completely deprives the tenant of the property’s expected use).
Sources
- 1 Ark. Code Ann. § 18-17-602(a) (2022)
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“A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, investigate possible rule or lease violations, investigate possible criminal activity, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.”
Source Link - 2 Giles et. al., Non-Legislative Commission on the Study of Landlord-Tenant Laws Report, p. 5 § 9 (Dec. 31, 2012)
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See, e.g., Giles et. al., Non-Legislative Commission on the Study of Landlord-Tenant Laws Report, p. 5 § 9 (Dec. 31, 2012) (“The Commission unanimously recommends that Ark. Code Ann. § 18-17-602 be amended to conform generally to section 3.103 of the URLTA, allowing the landlord entry without consent in case of emergency.”) The recommendations of the Commission regarding Arkansas landlord-tenant law have gone generally unimplemented.
Source Link - 3 Ark. Code Ann. § 18-17-103 (2022)
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“(a) The remedies provided by this chapter shall be administered so that an aggrieved party may recover appropriate damages.
“(b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.”
Source Link - 4 Ark. Code Ann. § 18-17-901(a) (2022)
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“A landlord or his or her agent may commence eviction proceedings against a tenant in a district court having jurisdiction over the eviction proceeding, when: (1) The tenant fails or refuses to pay the rent when due or when demanded; (2) The term of tenancy or occupancy has ended; or (3) The terms or conditions of the rental agreement have been violated.”
Source Link - 5 Ark. Code Ann. § 18-17-502(c)(2)(A) (2022)
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“A landlord shall be deemed to be in compliance with the requirements of subsection (a) of this section [duty to provide basic housing standards]: … [if] the noncompliance [c]ould not be remedied because the tenant refused the landlord entry to the premises for the purpose of correcting the defect.”
Source Link - 6 Ark. Code Ann. § 18-17-602(b) (2022)
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“A tenant shall not change locks on the dwelling unit without the permission of the landlord.”
Source Link - 7 Preferred Med. Assocs., LLC v. Abraham Family Tr., 520 S.W.3d 710, 715 (Ark. Ct. App. 2017) (internal citations omitted)
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“Conduct by a landlord that effectively deprives the tenant of the use and benefit of the premises amounts to a constructive eviction. The landlord’s conduct must be such that it will prevent the tenant’s use of the premises for the particular purposes for which it was leased.”
Source Link
