Arkansas landlords have no general obligation to provide habitable rental property. Except for leases executed after November 1, 2021, Arkansas rental units come “as is” and there are no laws governing an “implied warranty of habitability.” Landlords are not required to make repairs unless they agreed to in the lease.
| Quick Facts | Answer |
| Landlord Responsibilities | No Statute Before Nov. 1, 2021 |
| Time Limit for Repairs | No Statute Before Nov. 1, 2021 |
| Tenant Recourse Options |
|
Applicable Dwelling Types in Arkansas
There is no implied warranty of habitability in Arkansas.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Not addressed |
| Multi-family | Not addressed |
| Fraternities/Sororities/Clubs | Not addressed |
| RV parks | Not addressed |
| Mobile home parks | Not addressed |
| Condos | Not addressed |
| Hotels/Motels | Not addressed |
Landlord Responsibilities in Arkansas
For most residential rentals, there is no implied warranty of habitability. Arkansas rental units come in “as is” condition and there are no legal requirements for landlords to follow regarding habitability. There are new requirements in leases beginning after November 1, 2021.
Landlords and tenants can also agree upon certain repairs or regular maintenance in a written lease agreement. All responsibility usually lies with the tenant in the area of habitability. (AR Code § 18-17-601.) The following chart emphasizes this point.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | No |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | No |
| Provide hot and cold running water. | No |
| Provide working HVAC equipment. | No |
| Provide working plumbing and electrical wiring/outlets/ lighting. | No |
| Provide working gas lines if used for utilities/cooking | No |
| Provide working sanitation facilities (bathtub/shower, toilet). | No |
| Provide a trash can (for trash pickup services). | No |
| Ensure that any stairs and railings are safe. | No |
| Ensure that all floors are in good condition and safe. | No |
| Provide fire exits that are usable, safe, and clean. | No |
| Ensure storage areas, including garages and basements, do not house combustible materials. | No |
| Provide working smoke detectors | No |
| Provide a mailbox. | No |
| Provide working wiring for one telephone jack. | No |
| Provide working kitchen appliances. | No |
| Provide working carbon monoxide detector. | No |
| Provide a working washer/dryer. | No |
Repairs, Recourse, and Retaliation in Arkansas
If a rental property is in violation of the implied warranty of habitability in Arkansas, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords. The warranty applies to all leases made after November 1, 2021.
Requesting Repairs in Arkansas
Arkansas tenants must request repairs by describing the issue to the landlord through a certified mailing (or whatever the lease allows). However, the landlord is on notice as long as he’s aware of the needed repairs, even following a technically invalid notification process. Repairs must be completed within 30 days.
Renter’s Rights if Repairs Aren’t Made in Arkansas
The right to repairs currently applies only to leases made after November 1, 2021.
Arkansas tenants can cancel the rental agreement without penalty if a landlord doesn’t repair a required issue within 30 days of proper notice. Tenants have no other remedy for a failure to repair, unless specified explicitly in the rental agreement. They aren’t allowed to withhold rent, or repair and deduct. Read More
Landlord Retaliation in Arkansas
In Arkansas, landlords are legally allowed to retaliate against tenants with measures like raising rent or eviction. The only exception is for reporting lead hazards. Landlords can’t respond to such reporting with eviction or other retaliatory actions.
Tenants in Arkansas generally have no legal response to landlord retaliation unless they were reporting lead hazards. In that case, they can report retaliation to the Department of Health.
However, if the landlord’s retaliation is so severe that it effectively prevents the tenant’s use of the property, the tenant can cancel the rental agreement and move out under a claim of constructive eviction.
