Tenants with leases made after November 1, 2021 in Arkansas have the legal right to hot and cold potable water, electricity, sewage, up to code plumbing, functioning roof and building envelope, and working heating / AC (if provided). To exercise their right to repairs, tenants must properly notify the landlord in writing and allow 30 days for repairs.
Arkansas Landlord Responsibilities for Repairs
Arkansas landlords have no general responsibility to repair in leases made on or before November 1, 2021. For agreements made after that date, landlords are responsible for keeping the following in good working condition:
- Hot and cold potable water.
- Electricity.
- Plumbing and sewage.
- Roof and building envelope.
- Working heating / AC (if provided at the beginning of the lease).
If any of the above stops working properly, and the tenant isn’t at fault for the damage, the landlord is the one responsible for making the repairs necessary to fix it.
What Repairs Are Tenants Responsible for in Arkansas?
Arkansas tenants are normally responsible for all repairs that the landlord doesn’t specifically agree to make. In leases made after November 1, 2021, the tenant is no longer responsible by default for:
- Water.
- Electricity.
- Sewage.
- Plumbing.
- Roof and building envelope.
- Heating / AC (if provided).
In these newer leases, the landlord is responsible for the above items instead of the tenant. However, the tenant can agree in writing to be responsible for any of the landlord’s repair duties.
Requesting Repairs in Arkansas
Arkansas tenants must request repairs by describing the issue in writing and delivering the request to the landlord through certified mail (or whatever the lease allows). However, the landlord is legally on notice as long as he’s actually aware of the needed repairs, even following a technically invalid notification process.
How Long Does a Landlord Have To Make Repairs in Arkansas?
Arkansas landlords have 30 days to make repairs after getting a written request, counted from when they receive the notice via certified mail.
Can the Landlord Refuse To Make Repairs in Arkansas?
Arkansas landlords can refuse to make repairs for the following reasons:
- Rent isn’t current.
- The tenant refused entry when the landlord previously arrived for repairs.
- The damage was caused by the deliberate or negligent act of someone other than the landlord.
- The damage was disclosed to the tenant at the beginning of the lease, and the tenant accepted the condition.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Arkansas?
Arkansas landlords are not required to pay for alternative accommodation while they conduct repairs.
Tenant’s Rights if Repairs Aren’t Made in Arkansas
Arkansas tenants can cancel the rental agreement without penalty if a landlord doesn’t repair a legally required issue within 30 days of proper notice. Tenants have no other remedy for a failure to repair, unless another remedy is specified explicitly in the rental agreement.
Can the Tenant Withhold Rent in Arkansas?
Arkansas tenants aren’t allowed to withhold rent, even when the landlord fails to make legally required repairs.
Can the Tenant Repair and Deduct in Arkansas?
Arkansas tenants are not allowed to arrange for repairs and deduct from the rent.
Can the Tenant Break Their Lease in Arkansas?
Arkansas tenants can break a lease 30 days after properly delivered written notice, when a landlord fails to repair anything that’s his specific responsibility.
Can the Tenant Sue in Arkansas?
Arkansas tenants can’t sue for failure to repair unless there are specific repair terms in the rental agreement which can be enforced as a contract. In most cases, if a landlord doesn’t make timely repairs in Arkansas, the tenant’s only remedy is to end the rental agreement without penalty.
Can the Tenant Report the Landlord in Arkansas?
Arkansas tenants are allowed to report the landlord, but discouraged from reporting. Landlords are legally allowed to retaliate against tenants(including things like eviction and rent increases) for any reason, except reporting lead hazards.
Landlord Retaliation in Arkansas
Arkansas landlords are legally allowed to retaliate against tenants with measures like raising rent or refusing to renew a lease, unlike most states. Landlords aren’t allowed to respond with eviction or other retaliatory action to a report of lead hazards. All other retaliatory actions are legal.
Sources
- 1 Ark. Code Ann. § 18-17-502(d)(1) & (d)(2)(A) (2022)
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“(1) If a dwelling unit or single-family residence does not comply with subsection (a) of this section [landlord repair duties], the tenant is entitled to deliver written notice of the noncompliance to the landlord by certified mail or any other method provided by the lease or rental agreement and shall specify the acts and omissions constituting noncompliance.
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“(2) (A) If the payment of rent is current, noncompliance is not excused under subsection (c) of this section, and the landlord does not remedy the noncompliance within thirty (30) calendar days after receiving the notice required by subdivision (d)(1) of this section, the tenant’s sole remedy shall be to terminate the lease or rental agreement without penalty and receive a refund of any security deposit recoverable under § 18-16-301 et seq.” - 2 Ark. Code Ann. § 18-17-502(a) (2022)
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“[A]fter November 1, 2021… there shall be implied in all [non-exempt] leases and rental agreements for residential purposes a requirement that a dwelling unit or single-family residence have, both at the time possession is delivered to the tenant or tenants named in the lease or rental agreement and throughout the term of the lease or rental agreement: (1) An available source of hot and cold running water; (2) An available source of electricity; (3) A source of potable drinking water; (4) A sanitary sewer system and plumbing that conform to applicable building and housing codes in existence at the time of installation; (5) A functioning roof and building envelope; and (6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement.”
Source Link - 3 Ark. Code Ann. § 18-17-502(b) (2022)
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“Unless the tenant agrees in writing to accept responsibility to renovate, remodel, or complete the renovation, remodeling, or construction of the dwelling unit or single-family residence, the provisions of subsection (a) of this section [landlord repair duties] shall supersede any contrary provision of an oral or written lease or rental agreement.”
Source Link - 4 Ark. Code Ann. § 18-17-303(a) & (b) (2022)
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“(a) (1) A person has notice of a fact if: (A) The person has actual knowledge of it; (B) The person has received a notice or notification of it; or (C) From all the facts and circumstances known to him or her at the time in question, he or she has reason to know that it exists. (2) A person knows or has knowledge of a fact if he or she has actual knowledge of it.
“(b) (1) A person notifies or gives a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. (2) A person receives a notice or notification when: (A) It comes to his or her attention…”
Source Link - 5 Ark. Code Ann. § 18-17-502(c)(1) (2022)
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“A landlord shall be deemed to be in compliance with the requirements of subsection (a) of this section: (1) If the landlord supplies the tenant, at the time possession is available to the tenant, a written form with which to list any defects listed in subsection (a) of this section and the tenant: (A) Signs the form without noting a defect of any item listed in subsection (a) of this section and takes possession of the premises; or (B) Fails to return the form to the landlord within two (2) business days;
Source Link - 6 Ark. Code Ann. § 18-17-502(c)(2) (2022)
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“A landlord shall be deemed to be in compliance with the requirements of subsection (a) of this section: (2) As to defects which arise after possession by the tenant, if the tenant delivers written notice to the landlord but the noncompliance: (A) Could not be remedied because the tenant refused the landlord entry to the premises for the purpose of correcting the defect; or (B) Was caused by the deliberate or negligent act or omission of: (i) The tenant; (ii) A member of the tenant’s family; (iii) Another occupant of or visitor on the premises; or (iv) Any person other than the landlord or the landlord’s agent.”
Source Link - 7 Ark. Code Ann. § 18-17-502(d)(3) (2022)
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“(A) Nothing in this chapter shall be construed to excuse a tenant from paying rent. (B) A tenant shall not offset or withhold rent from the landlord for any alleged or actual violation of the implied quality standards listed in subsection (a) of this section [landlord’s repair duties].”
Source Link - 8 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.”
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