An Arkansas lease agreement is one of the most important documents you will use as a landlord. Beyond recording rent amounts and due dates, the agreement defines the rights and responsibilities of both landlords and tenants under Arkansas law. Since the state does not impose many of the rental regulations you find elsewhere (such as rent control or limits on late fees), landlords need to put the proper terms in writing.
A clear understanding of how a rental lease agreement works in the Natural State helps landlords stay compliant, avoid disputes, and protect their investments.
Disclosures (3)
Each state has specific disclosures that landlords are required to include with their lease agreement. Forgetting or failing to include these disclosures can lead to serious consequences down the road (more on that later). For Arkansas landlords, this means including federal disclosures like those for lead-based paint, along with state-specific requirements such as landlord contact details and a move-in inspection form.
- Lead-based paint: Federal law requires that all landlords disclose any known information about lead-based paint and its hazards for homes built before 1978.
- Landlord name and address: Your Arkansas lease agreement should include the name and contact information of the landlord or the person responsible for managing the rental (Arkansas Landlord/Tenant handbook).
- Move-in inspection form: Arkansas landlords must disclose any known issues in the rental, including the roof, plumbing, electricity, HVAC, and drinking water systems (Ark. Code § 18-17-502).
Optional Disclosures and Addenda
While Arkansas law does not require every disclosure, smart landlords often go beyond the basics. Optional disclosures and addenda provide tenants with clarity on day-to-day expectations, set boundaries to protect the property, and establish guidelines to reduce the chance of conflict later on.
Adding these extras to your lease can strengthen the landlord-tenant relationship and provide additional peace of mind for both sides.
Asbestos: Alerts tenants to any hazards in the unit related to asbestos and provides strategies to help minimize exposure and risk.
Bed bugs: Informs tenants of any known or suspected bed bug infestation in the unit or adjacent units.
Late/returned check fees: Outlines fees for late or returned checks related to rent payments. Arkansas does not have any limits on late fees, but the lease should clearly state the fee. Returned checks have an initial cap of $30. If not paid within 15 days, the landlord can then charge twice the amount of the check, plus the $30 returned check fee, plus any court or legal fees that arise (Ark. Code § 4-60-103).
Medical marijuana use: Details the policy regarding the use of medical marijuana on the property, including any restrictions or limitations.
Mold disclosure: Advises tenants of any known or suspected mold issues in the unit, along with treatment options.
Non-refundable fees: Defines any non-refundable fees in the lease to ensure they are enforceable.
Shared utilities arrangement: Explains how landlords will divide utility charges if any units share a meter.
Smoking: Lists the smoking policy for the rental, including the location of any designated smoking areas.
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures play a vital role in protecting tenants’ health and safety. They also give landlords a clear path to compliance and reduce the chance of misunderstandings. Failing to include these disclosures can lead to serious consequences, such as civil disputes, court actions, and costly fines.
By understanding and following disclosure rules, landlords protect both their tenants and their own long-term interests.
Security Deposit Regulations in Arkansas
Landlords often collect security deposits from their tenants to help offset the cost of any damages that may occur during their occupancy. It’s essential to understand each state’s regulations surrounding security deposits, from how much you can charge to when you have to return the funds.
Maximum amount: Arkansas landlords can collect the equivalent of 2 months’ rent as a security deposit (Ark. Code § 18-16-304).
Deposit receipt: Landlords are not required to provide tenants with a written receipt for their security deposit.
Security deposit return: Arkansas landlords should return a tenant’s security deposit, minus any deductions, within 60 days of lease termination. If the landlord cannot reach the tenant after 180 days, the landlord may keep the funds (Ark. Code § 18-16-305).
Deductions: If a landlord makes any deductions for tenant-caused damages or to cover unpaid rent, they should provide tenants with an itemized list outlining the charges.
Rent Payment Regulations
Every state sets its own standards for collecting rent, and Arkansas is no exception. Understanding how Arkansas law treats rent payments, late fees, and grace periods helps landlords stay compliant and gives tenants clear expectations.
Learning these rules upfront can prevent confusion, reduce disputes, and keep the rental process running smoothly.
Rent control/stabilization: Rent control and stabilization do not exist in Arkansas.
Late rent fees: Arkansas landlords may charge up to $30 per month or 20 percent of the monthly rent amount, whichever is greater, as a late fee (Ark. Code §18-16-411).
Grace period: There is no required grace period for late rent in Arkansas.
Tenant’s right to withhold rent: Arkansas tenants are not allowed to withhold rent payments for any reason (Ark. Code § 18-17-502).
Violations
As a landlord, you do your best to find quality tenants for your rentals; however, even the best tenants can slip up from time to time. Arkansas law outlines how you should respond to lease violations, allowing you and your tenant to get back on track quickly.
Lease violation: For lease violations, Arkansas landlords should issue a 14-day Notice to Cure or Quit (Ark. Code § 18-17-701).
Missed rent payment: If a tenant does not pay the entire rent amount, a landlord may deduct the balance from the security deposit. If the tenant does not pay the entire rent within 5 days of the due date, landlords may begin the eviction process (Ark. Code § 18-17-901).
Lease abandonment: If a tenant abandons their lease early, they are usually financially responsible for the remainder of the lease period, or until the landlord finds a new tenant (Ark. Code § 18-17-703).
Self-help evictions: In Arkansas, self-help evictions are illegal.
Terminating a Lease
Every rental agreement eventually ends, but Arkansas law sets specific rules for how landlords and tenants must handle the process. Understanding these rules helps landlords stay compliant and reduces the risk of disputes when a lease ends.
Whether you are dealing with a fixed-term lease, a month-to-month agreement, or property abandonment, knowing the state’s requirements ensures that both parties move forward fairly and legally.
Standard lease: Either party may terminate a standard lease on its designated end date. However, certain conditions may allow a tenant to terminate their lease early without penalty, such as active duty military service, an uninhabitable environment, and more (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. §§ 501 and following, Ark. Code § 18-17-502).
Month-to-month: Either the landlord or the tenant can terminate a month-to-month lease with 30 days’ written notice before the expected termination date (Ark. Code § 18-17-704).
Property abandonment: If a tenant leaves property behind, a landlord may dispose of it immediately (Ark. Code § 18-16-108).
Renewing a Lease
Renewing a lease can be a great way to hold on to quality tenants or to update terms as needed. Each state has its own regulations regarding lease renewals, however. Here’s what you need to know for Arkansas.
Notice requirements: Arkansas law does not stipulate how much notice must be given by either party if they do not intend to renew the lease; however, it is considered best practice for either party to give 30 or 60 days’ notice to the other.
Required renewals: Landlords are not legally required to renew a tenant’s lease; however, they must notify the tenant of any automatic renewal clauses in their Arkansas lease agreement at least 30 days before the expected renewal or termination (Ark. Code § 4-86-109).
Landlord’s Access to Property
As a landlord, you know that there are times when you need to have access to your properties, whether for an emergency or to conduct routine maintenance. However, there are still specific guidelines that you must follow.
Immediate access: In case of an emergency, landlords are allowed to enter the property without providing notice to the tenant.
Notice requirements: Arkansas law does not specify how much notice landlords must give; however, most agree that 24 hours’ notice is a suitable balance between checking off your to-do list and respecting your tenant’s privacy.
Harassment: If a landlord repeatedly enters the property without just cause or without giving notice, it may be considered harassment. In these cases, tenants can often terminate their lease early, prohibit the landlord from entering, or even sue the landlord for a breach of privacy.
