| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in Arkansas?
Arkansas is one of the few states where landlords are legally allowed to retaliate against tenants with measures like raising rent or refusing to renew a lease. The only exception is for reporting lead hazards. Landlords aren’t allowed to respond to such reporting with eviction or other retaliatory action.
What Can Tenants Do in Response in Arkansas?
Tenants in Arkansas have no legal response to landlord retaliation unless they were reporting lead hazards. In that case, they can report the retaliation to the Department of Health, which can put a variety of fines or other administrative requirements on the landlord.
If the landlord’s retaliation is so severe that it effectively prevents the tenant’s use of the rental property, the tenant can cancel the rental agreement and move out under a claim of constructive eviction.
Sources
- 1 Ark. Code Ann. § 20-27-608(a) (2022)
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“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.”
Source Link - 2 Ark. Code Ann. § 25-15-217(b) (2022)
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“Each agency may impose on any person or entity under the agency’s jurisdiction: (1) A monetary penalty not to exceed five hundred dollars ($500) for each violation; (2) A requirement that the person complete appropriate education programs or courses, or both; (3) A requirement that the person or entity successfully complete: (A) A licensing examination; (B) A credentialing examination; or (C) Any other examination required in order to obtain a permit, license, registration, or credential; (4) Conditions or restrictions upon regulated activities of the holder of a license, permit, certificate, credential, registration, or other authority; and (5) Other requirements or penalties as may be appropriate under the circumstances of the case and which would achieve the agency’s desired disciplinary purposes, but which would not impair the public health and welfare.”
Source Link - 3 Ark. Code Ann. § 20-27-604 (2022)
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“When in the judgment of the Department of Health any person has engaged in or is about to engage in any acts or practices of commission or omission which constitute or will constitute a violation of any provision of this subchapter or any rule or order issued under this subchapter, the Attorney General, upon written notice thereof by the department, shall make application to the court of competent jurisdiction for an order enjoining the acts or practices or for an order directing compliance. Upon a showing by the department that the person has engaged in or is about to engage in any such acts or practices, a permanent or temporary injunction, restraining order, or other order may be granted.”
Source Link - 4 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
