Under Arkansas law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under Arkansas Code Title 18 Chapters 16 & 17, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights cannot be waived regardless of what the rental agreement says.
Landlord Responsibilities in Arkansas
Arkansas landlords can provide housing “as-is,” and are not generally responsible for making repairs unless specified in the rental agreement.
Arkansas is one of the few states that does not have a warranty of habitability by default for rental property. This means landlords have no basic obligation to keep rental property up to a habitable condition. There are minimum federal standards for public and Section 8 housing in Arkansas, but these requirements do not apply to private rental residences. However, certain leases made after October 2021 do enjoy some habitability rights unless the tenant agrees otherwise in writing.
Renter’s Rights for Repairs in Arkansas
Landlords are required to make agreed-upon repairs in a timely manner. In Arkansas, repairs must be made within 30 days after getting written notice from tenants via certified mail (or other method agreed in the lease).
If repairs aren’t made in a timely manner, Arkansas tenants can cancel the rental agreement. They aren’t allowed to withhold rent, even when the landlord fails to make legally required repairs.
Tenant Responsibilities in Arkansas
Aside from paying rent in a timely manner, Arkansas tenants must:
- Keep the unit in line with cleanliness standards.
- Not disturb other tenants or neighbors.
Arkansas tenants have very few housing rights under Arkansas law. Tenants are assumed responsible for making any repairs or maintenance on the unit. Tenants cannot withhold rent or make repairs and deduct the cost from future rent payments.
Evictions in Arkansas
Arkansas landlords have broad authority to evict tenants. The most common reasons for eviction include:
- Nonpayment of Rent: If a tenant fails to pay rent, Arkansas landlords may initiate a civil or criminal lawsuit. In a civil action, a landlord must provide a 3-Day Notice to Quit, and in a criminal action a landlord must provide a 10-Day Notice to Quit.
- Violation of Lease Terms: If a tenant is found violating lease terms, Arkansas landlords may issue a 14-Day Notice to Cure or Quit. If the tenant does not fix the problem in the timeframe, then the landlord can benign eviction.
- No Lease / End of Lease Term (Tenant at Will): If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given. The amount of time required depends on the type of tenancy. For a week-to-week tenancy, a landlord must provide a 7-Day Notice to Quit, and for month-to-month tenancies, a landlord must provide a 30-Day Notice to Quit.
- Illegal Acts: Prostitution, gambling, and illegally selling drugs and alcohol are grounds for eviction. A notice is not required and the landlord may proceed directly to filing a complaint against the tenant.
Failing to abide by an eviction notice can incur a criminal charge in Arkansas.
Landlord Retaliation in Arkansas
Arkansas is one of the few states where landlords are legally allowed to retaliate against tenants, for almost any reason, even for reporting the landlord’s violation of a local housing standard. The only exception is for reporting lead-based paint hazards.
Security Deposits in Arkansas
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 2 months’ rent.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, late fees, damage excluding normal wear and tear, and costs due to noncompliance with the lease agreement.
- Time Limit for Return: 60 days.
- Penalty for Failure to Return: Tenants can sue for twice the amount wrongfully withheld plus court costs and attorneys’ fees.
Lease Termination in Arkansas
Notice Requirement: Tenants must provide written notice if they wish to break a lease in Arkansas.
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination. Arkansas tenants may legally break a lease for the following reasons:
- Early termination clause.
- Active military duty.
- Violation of lease terms.
If a tenant breaks a lease for any reason not listed above, they will have to continue paying rent for the remainder of the lease period. Arkansas landlords are under no obligation to re-rent a unit.
Cost of Breaking a Lease in Arkansas
If an Arkansas tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are not legally required to make a reasonable effort to re-rent the unit.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Arkansas
Arkansas does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Arkansas does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Before increasing the rent, landlords must give 7 days’ notice to week-to-week tenants and 1 month’s notice to month-to-month tenants.
Housing Discrimination in Arkansas
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. This law does not apply to some owner-occupied homes or homes operated by religious organizations. Arkansas does not extend extra protections to any groups not outlined in the Federal Fair Housing Act.
Discriminatory Acts & Penalties: The Attorney General of Arkansas is responsible for enforcing housing discrimination law. The following actions may be considered discriminatory when directed at a member of a protected class.
- Advertisements encouraging or discouraging certain groups of people from applying.
- Offering different terms, conditions, or privileges.
- Assigning renters to a particular section of a complex.
Arkansas does not define standard penalties for discrimination.
Additional Landlord Tenant Regulations in Arkansas
In addition to having laws that address general issues like repairs and security deposits, most states, including Arkansas, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Arkansas
Arkansas landlords have the right to enter a rental property for inspections, maintenance, and property showings. The law does not specify how much notice landlords must give before entering a property, but reasonable advance notice (often at least 24 hours) is usually necessary.
Rent Collection & Related Fees in Arkansas
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Arkansas
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. Arkansas Small Claims Court is a division of District Court. The process takes approximately one to two months.
Mandatory Disclosures
Arkansas landlords are obligated to make only one mandatory disclosure:
- Lead-Based Paint: Landlords who own homes built before 1978 must provide information about concentrations of lead paint.
Changing the Locks in Arkansas
Landlords are obligated to honor a request to change the locks in cases of domestic abuse or sexual assault against one or more tenants. Both parties must be presented with a new copy of keys.
How to Report an Arkansas Landlord for Unsafe Living Conditions
When an Arkansas landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. Most areas have dedicated inspections departments which enforce code compliance. Renters can request an inspection from such local authorities as evidence that the landlord has provided substandard housing.
Local Laws in Arkansas
Many cities in Arkansas have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Little Rock Landlord-Tenant Rights
The City of Little Rock provides a more in-depth housing code. Landlords and tenants should review the local ordinances when renting in Little Rock.
Check your local county and municipal laws for additional landlord-tenant regulations.
