An Arkansas sublease agreement provides a tenant with the legal structure to rent a unit to another party while the original lease remains in effect. This agreement supports a smooth handoff between tenants, keeps the new subtenant bound to the existing lease terms, and helps property owners maintain lawful rental activity.
Does a tenant need a landlord’s permission to sublease in Arkansas?
Arkansas law does not include a statute that outlines specific rules for subleasing, so the lease agreement determines whether a tenant may sublease. Most property owners add clear sublease language to ensure the tenant secures approval before bringing in a subtenant.
Landlords protect their interests by including detailed sublease terms in their Arkansas lease agreement. To address subleasing in future leases, property owners should use a legally reviewed lease agreement builder that automatically addresses the subject for them.
Information to Include in an Arkansas Sublease
Landlords should approach each sublease with the same structure and expectations used for a standard lease. Below is the key information that landlords should include within an Arkansas sublease:
Names of landlord and sublessor: Include the full legal names of both parties to establish clear responsibility throughout the sublease.
Rental unit address: List the complete address of the rental so each party understands the exact area covered by the agreement.
Length of the sublease agreement: Specify the start and end dates to outline how long the subtenant may occupy the rental unit.
Rent amount: State the monthly rent, the due date, and the method the subtenant must use to submit payment to the sublessor.
Division of utilities: Clarify how utilities are shared and include any existing landlord-tenant utility agreement.
Security deposit information: Outline the deposit amount, the conditions for deductions, and the rules that apply under Arkansas security deposit laws.
Maintenance protocols: Explain how the subtenant should report issues, follow upkeep standards, and reference established guidelines for the rental property’s maintenance.
Property policies: List the rules the subtenant must follow, including guest limits, noise expectations, and any restrictions that apply to the rental unit.
Early termination terms: Specify the conditions that allow either party to end the sublease early and outline any required notice period.
Landlord’s right to entry: Clarify when the landlord may enter the rental property and identify the required notice before entry.
Renter’s insurance: State whether the subtenant must carry insurance and outline the coverage needed to protect belongings and liability.
Landlord’s consent to sublease: Confirm that the landlord approves the sublease and outline any conditions tied to that approval.
Subtenant obligation to comply with master lease: Make clear that the subtenant agrees to follow every rule and responsibility in the original lease for the full length of the sublease.
Move-in condition checklist: Require a completed checklist documenting the unit’s condition at move-in, and attach a move-in condition report.
Emergency contact information: Provide accurate contact details for both parties so each can respond quickly if an emergency occurs.
Guest policy: Set expectations for visitors, including limits on overnight guests and any rules designed to protect the property.
Copy of master lease: Supply the full original lease so the subtenant understands all requirements related to the rental unit.
Signatures: Confirm that both parties sign the sublease and consider using a secure e-sign tool to streamline completion and recordkeeping.
Additional attachments: Include any supporting documents that clarify responsibilities, such as pet addenda, parking rules, or maintenance forms.
Taxes Implications for Short-Term Subleases
Short-term rental activity in Arkansas can trigger lodging and sales-use taxes when a unit is offered for a temporary stay rather than a standard lease. Stays under 30 days may require operators to collect the 6.5 percent state sales tax along with any local lodging or occupancy taxes. Arkansas also enforces a 1 percent short-term rental tax under Arkansas Code 26-63-301. However, this statute applies to short-term rentals of tangible personal property, so most residential subleases do not fall under this rule unless they function like transient lodging.
Arkansas landlords should review local city and county tax rules, since short-term lodging rates and requirements vary across the state.
