An Arkansas rental agreement is a legal contract between a landlord overseeing a rental property and a tenant who wishes to use it. Arkansas landlord-tenant law governs and regulates these agreements.
Arkansas Rental Agreement Types
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An Arkansas roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
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Arkansas Required Lease Disclosures
- Lead-Based Paint Disclosures (required for some leases) – For any property built before 1978, federal law requires that an Arkansas residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
To learn more about required disclosures in Arkansas, click here.
Arkansas Landlord Tenant Laws
- Warranty of Habitability – Arkansas landlords can only rent out habitable property, which means providing certain basic features essential to health and safety like sewer and electric service. Landlords must repair any issues within 30 days after proper notice from the tenant. Failure to repair lets a tenant terminate the lease without penalty. Tenants aren’t allowed to repair and deduct, withhold rent, or even sue the landlord for failure to repair, except in extreme cases.
- Evictions – Arkansas landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice, depending on the eviction type. This means most evictions in Arkansas take between a week to a little over a month.
- Security Deposits – Arkansas caps security deposits at a maximum of twice the periodic rent, an amount which must be “reasonable” under the circumstances. Upon lease termination, a landlord has 60 days to return to the tenant any unused portion of a security deposit. If the tenant cannot be located after good-faith efforts, the landlord may take possession of the security deposit after 180 days.
- Lease Termination – Arkansas lets tenants terminate a month-to-month lease with 30 days of advance notice (seven days, for a week-to-week lease). A fixed-term lease can’t be terminated early without active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – Arkansas landlords can raise rent by any amount, whenever they want, with no particular requirements for justification or advance notice. The state does not cap late fees, but returned check fees are capped at $30 plus any institutional fees.
- Landlord Entry – Arkansas landlords may enter rental property for purposes reasonably related to the tenancy, such as maintenance and inspections. A landlord can enter at reasonable times of day using reasonable advance notice (customarily at least 24 hours), unless the lease agrees otherwise. Entry requirements are temporarily suspended in emergency situations.
- Settling Legal Disputes – Arkansas allows its small claims courts to hear landlord-tenant disputes, as long as the amount in controversy is under $5,000. The state does not allow evictions in small claims. Most landlord-tenant issues will fall under a 5-year statute of limitations in Arkansas.
To learn more about landlord tenant laws in Arkansas, click here.
