An Arkansas month-to-month lease agreement is a rental arrangement that automatically renews each month until either the landlord or the tenant gives proper notice to terminate the agreement. A month-to-month lease agreement, also called a tenancy at will, is especially popular among landlords who need adaptability or tenants who may only need short-term housing.
Although the lease agreement itself offers flexibility, Arkansas landlord-tenant law still applies to the rental relationship. Below, we’ll break down some of the more important aspects of the arrangement.
Disclosures (3)
In Arkansas, landlords must provide tenants with specific information before move-in. These disclosures include important information about the rental and help keep everyone on the same page.
- Lead-based paint: Federal law, also known as Title X, requires landlords to give tenants any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also provide a copy of the EPA’s lead safety pamphlet.
- Landlord contact information: Your lease must include the name and contact information of the person responsible for managing the property.
- Move-in inspection form: Landlords must disclose any known damage or defects to the property, including its HVAC, plumbing, roof, electric, or drinking water systems (Ark. Code § 18-17-502).
Optional Disclosures and Addenda
Although not required by law, including these optional disclosures can help prevent confusion and misunderstandings down the road.
Asbestos: Discloses any asbestos in the unit and provides strategies for minimizing exposure.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or in adjacent units.
Late/returned check fees: Details the fees for late or returned rent checks. In Arkansas, landlords can charge up to $30 or 20% of the monthly rent, whichever is greater, as a late fee. State law caps returned check fees at $30. If your tenant does not pay within 15 days, landlords can charge double the amount of the check, plus the returned check fee and any legal fees (Ark. Code § 4-60-103).
Medical marijuana use: Describes the policy regarding the use of medical marijuana in the unit, including any limitations or restrictions.
Mold: Informs tenants of any mold in the unit and provides information on remediation options.
Non-refundable fees: Outlines any non-refundable fees that landlords charge in the residential lease agreement template.
Shared utilities: Details how landlords will split utility costs if the rental shares a utility meter with any other unit or a common area.
Smoking: Informs tenants of the unit’s smoking policy, including any designated smoking areas on the property.
Additional Arkansas Month-to-Month Lease Laws
When creating your Arkansas month-to-month lease agreement, keep in mind that additional laws apply to the tenancy. Here’s what landlords need to know.
Notice to Terminate a Month-to-Month Agreement
If a landlord is ready to end their Arkansas month-to-month lease agreement, state law mandates when and how landlords can terminate the arrangement.
Required notice for tenant: Tenants must give at least 30 days’ written notice to terminate an Arkansas month-to-month lease agreement (Ark. Code § 18-17-704).
Required notice for the landlord: Landlords must also give at least 30 days’ written notice to terminate the arrangement (Ark. Code § 18-17-704).
Laws Governing Rent Increases
Rent control and stabilization laws do not exist in Arkansas, allowing landlords to raise rents as they see fit. However, there are certain laws landlords must follow when increasing rent.
For an Arkansas month-to-month lease agreement, landlords must give their tenant at least 30 days’ written notice before increasing the rent.
Lease Violations and Eviction
While not ideal, lease violations can happen to even the best tenants. Arkansas law outlines how landlords should respond in case of a contract breach.
Missed rent payment: If your tenant misses a rent payment, landlords may deduct the amount from their security deposit. If the rent remains unpaid 5 days after the due date, landlords may begin eviction proceedings (Ark. Code § 18-17-901).
Lease violation: For most other lease violations, landlords may issue a 14-day Notice to Cure or Quit (Ark. Code § 18-17-701).
Lease abandonment: If a tenant moves out before the end of their lease term, they may still be responsible for paying the rent plus other financial penalties (Ark. Code § 18-17-703).
Self-help evictions: Self-help evictions are illegal in Arkansas. Landlords should never attempt to remove a tenant on their own.
Rent Payment Laws
There are also laws landlords must follow regarding the payment and collection of rent. From late fees to grace periods, Arkansas law states how landlords should handle rent payments.
Rent control/stabilization: Rent control and stabilization laws do not exist in Arkansas.
Late rent fees: Landlords may charge up to $30 or 20% of the monthly rent, whichever is greater (Ark. Code § 18-16-411).
Grace period: Arkansas does not require landlords to offer a grace period for late rent payments.
Tenant’s right to withhold rent: State law does not allow a tenant to withhold rent for any reason (Ark. Code § 18-17-502).
Pet rent laws: Landlords may charge pet rent or collect a pet deposit, as long as the amounts are reasonable and your lease template clearly states the charges.
Security Deposits
Arkansas also has clear guidelines for collecting and storing security deposit funds. Follow these guidelines to remain compliant with state law.
Maximum amount: State law allows landlords to collect up to 2 months’ rent as a security deposit (Ark. Code § 18-16-304).
Deposit receipt: In Arkansas, landlords do not have to issue a receipt for a tenant’s deposit, though it is a good idea.
Interest payments: Landlords are not required to pay their tenants interest on security deposit payments.
Security deposit return: Landlords must return your tenant’s security deposit, with any deductions withheld, within 60 days of lease termination. If landlords are unable to contact their tenant within 180 days to return the deposit, they may keep the funds (Ark. Code § 18-16-305).
Deductions: Landlords can withhold funds from the security deposit to cover unpaid rent or excessive damage. If landlords do so, they must provide their tenant with a detailed, itemized list of the charges (Ark. Code § 18-16-305).
Property Access Laws
Property access laws are important in an ongoing lease agreement. Follow these rules to remain compliant with state law and respect your tenant’s privacy.
Advance notice: Arkansas law does not specify the notice landlords must give tenants before entering the property; however, most landlords prefer to give tenants at least 24 hours’ notice.
Immediate access: In an emergency, landlords may enter the property without obtaining consent.
Harassment: Entering the unit without good reason or without giving your tenant notice is considered a form of harassment and, in some cases, allows your tenant to break their lease early.
