Don’t make the mistake of renting out an extra bedroom without a clear, compliant room rental agreement in Arkansas. If you don’t outline the terms of the tenancy with a written contract, you could end up chasing after unpaid rent, arguing over house rules, or struggling to get the tenant to leave.
Perhaps you’ve already found a renter, or you’re still considering this house-hacking strategy for the first time. Before you move forward, create an Arkansas lease agreement to cover the basics and protect your investment.
Here’s everything you need to know about using a room rental agreement in Arkansas, including legal guidelines, mandatory disclosures, and how landlord software can help.
Room Rental Laws
Whether you’re renting out your spare bed and bath or an entire home in Little Rock, you must follow all landlord-tenant laws in Arkansas, including:
- Anti-landlord harassment regulations.
- Advance notice requirement laws.
- Mandatory disclosure guidelines.
- Health and safety codes.
Coming up, we’ll explain contract types, disclosures, and the specific laws that apply to your room rental agreement in Arkansas.
Different Types of Room Rental Agreements in Arkansas
When choosing a format for your Arkansas room rental agreement, consider the length of the tenancy, your relationship to the tenant, and your specific situation. Here are your options:
Verbal agreement: Many landlords opt for word-of-mouth agreements when renting out a room, but these often lead to confusion and disputes.
Fixed-term lease: A fixed-term lease has a specific start and end date, so both parties clearly understand how long the tenancy lasts.
Month-to-month lease: If you need flexibility, consider a “tenancy at will” form. These month-to-month agreements automatically renew each month, but they’re easy to terminate.
Pro tip: We recommend using a written lease agreement to define the tenancy. By doing so, you can avoid misunderstandings over rent payments, house rules, and security deposits.
Required Landlord Disclosures
State law requires you to add the following three disclosures to your room rental agreement in Arkansas.
- Lead-based paint: Inform tenants about the presence of lead-based paint if you’re renting a room in a property built before 1978 (42 U.S.C. § 4852d).
- Property manager’s information: The state’s landlord/tenant handbook requires landlords to include the property manager’s name and address in the lease agreement (The Arkansas Landlord/Tenant Handbook).
- Move-in checklist: Tell tenants about the current condition of the room’s heating, air conditioning, roof, plumbing, electricity, and drinking water systems upon move-in (Ark. Code § 18-17-502).
Additionally, all landlords must comply with the rental and lease agreement laws outlined below.
Security Deposit Rules
Maximum security deposit: State law caps security deposits at 2 months’ rent (Ark. Code § 18-16-304).
Security deposit receipt: Arkansas law doesn’t require you to issue a receipt when tenants pay their security deposit, but it’s a best practice to provide one upon request.
Deduction tracking: If you withhold any portion of the security deposit, you must give tenants an itemized list of deductions in writing (Ark. Code § 18-16-305).
Security deposit return: Landlords must return the tenant’s security deposit (and deduction list) within 60 days of the tenant vacating (Ark. Code § 18-16-305).
Pet deposits: You can charge a reasonable pet deposit, but your total security deposit can’t exceed 2 months’ rent (Ark. Code § 18-16-304).
Rent Payment Rules
Late rent fees: Arkansas law caps late fees at $30 per month or 20% of the rent amount, whichever is greater (Ark. Code § 18-16-411).
Right to withhold rent: State law prohibits tenants from withholding rent in any situation, even if the landlord fails to make necessary repairs (Ark. Code § 18-17-502).
Grace period: You don’t have to wait a grace period before applying late payment penalties in Arkansas.
Pet rent: Landlords can collect pet rent if their lease includes it, but only if the animal isn’t a service animal or Emotional Support Animal (ESA) (42 U.S.C. § 3601 et seq.).
Rent Payment Increase Rules
Rent increase frequency: State law doesn’t limit how often a landlord can increase the rent.
Rent payment increase maximum: Arkansas law doesn’t set a maximum increase, either.
Rent control/stabilization: Local governments can’t enforce rent control policies (Ark. Code § 14-16-601).
Arkansas Room Rental Agreement Breaches
Failure to pay: If tenants don’t pay their rent within 5 days of the due date, landlords can terminate the room rental agreement in Arkansas (Ark. Code § 18-17-701).
Lease violations: Landlords must provide written notice to the tenant, setting a deadline to resolve the issue. If they don’t fix the problem within that time (typically 14 days), the landlord can terminate the lease (Ark. Code § 18-17-701).
Self-help evictions: You can’t use any method of self-help evictions in Arkansas, including lock-outs and removing a tenant’s property from the room.
Terminating an Arkansas Room Rental Agreement
Month-to-month: Landlords and tenants must give at least 30 days’ written notice to terminate a month-to-month room rental agreement in Arkansas (Ark. Code § 18-17-704).
Fixed-term: If either party terminates a fixed-term lease before its end date, they may be liable for penalties.
Room abandonment: Landlords may dispose of a tenant’s abandoned property, and state law gives them a lien on any unpaid balances (Ark. Code § 18-16-108).
Tenant’s right to terminate: Tenants can avoid early termination penalties in certain situations, such as domestic violence and military deployment.
Landlord Access Laws
Immediate access: Landlords may enter a tenant’s room only in an emergency.
Landlord harassment: Landlords can’t harass tenants by repeatedly showing up unannounced, entering their room without consent, or attempting to enter at unreasonable times.
Advance notice: State law doesn’t require a notice period for entry.
Lease Agreement Renewal and Termination
Required renewals: Arkansas law doesn’t require landlords to renew fixed-term leases. However, both parties can choose to sign a new room rental agreement.
Required notice: You must give 7 days’ written notice to end a week-to-week agreement, and 30 days’ written notice to terminate a month-to-month agreement (Ark. Code § 18-17-704).
Month-to-month considerations: Tenancy-at-will agreements renew monthly until either party gives proper notice to terminate.
We hope this article helped you better understand how to rent out a room in the Natural State.
If you’re interested in using digital tools to streamline your landlord workflow, consider property management software. Landlord software can help you generate legally-compliant lease agreements, coordinate maintenance, collect rent, and store important documents.
Room Rental Agreement Arkansas FAQs
What to include in an Arkansas room rental agreement?
Your room rental agreement must include the following:
- Mandatory disclosures
- Landlord and tenant information
- Rent details (including due date, late fees, and grace periods, if applicable)
- House rules
How do I legally rent out a room?
Create an Arkansas room rental agreement that clearly defines the terms of the tenancy.
How to make an Arkansas room rental agreement?
We recommend using a simple, printable PDF template. Find one linked at the top of this article!
