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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
Arkansas landlord tenant rights and responsibilities are outlined on the Arkansas Attorney Generals website for reference here Landlord and Tenant Rights. Below is an overview of some of the rights and responsibilities of both landlords and tenants in Arkansas.
Tenants cannot unreasonably withhold consent from the landlord to enter the property in Arkansas. However, the law does not stipulate that landlords must provide a specific notice period before entering. That being said, as a measure of good faith, most Arkansas landlords notify renters at least 24 hours before entry. (A.C.A. § 18-17-602)
Yes. Landlords in Arkansas can enter a rental unit to conduct required repairs and maintenance. However, in most cases, they are required to give renters a 24 hours notice — except for during emergencies. Additionally, it’s important to note that tenants cannot deny landlords entry to perform pre-agreed repairs and maintenance duties. (A.C.A. § 18-17-602)
There’s no law in Arkansas that regulates how late fees are applied in the state. This means landlords can charge as much as they want as late fees. However, late fees should be clearly specified in the lease agreement and are expected to be ‘reasonable’. For example, a flat late fee of $25.00 would be considered more reasonable than a daily $10.00 late fee for each day that rent is unpaid.
Additionally, there is a 5 day mandatory grace period in Arkansas. (A.C.A. § 18-17-701(b))
SECTION 2
No. There’s no rent control law in Arkansas. Landlords are free to raise rent as much as they want. Additionally, according to state law, local governments and counties in Arkansas are prohibited from enacting any rent control legislation (AR Code Section 14-16-601).
Despite Arkansas’ lack of rent control laws, there are certain guidelines landlords are expected to adhere to before raising rent. Rent increases are expected to be reasonable and in line with market expectations.
Landlords are only allowed to raise rent at the end of a lease unless the lease specifies otherwise. Also, they cannot raise rent as a form of discrimination or retaliation towards a tenant. Finally, tenants have a right to receive proper notice of rent increase.
According to the landlord tenant rights and responsibilities laid out by the Arkansas Attorney General, landlords must provide notice of at least one rental period before raising the rent. This rule applies to both oral and written leases.
The reason for these notice periods is to ensure renters have sufficient time to decide if they want to accept the new rent rate or vacate the property.
Landlord and Tenant Rights – Arkansas Attorney General
Under Arkansas law, it’s illegal for landlords to increase rent in the following situations:
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SECTION 3
Arkansas requires landlords and tenants to have a lease agreement in place for a rental agreement to be valid under the law.
A lease agreement is a legally binding contract that outlines the conditions under which a tenant and a landlord may rent a piece of property in Arkansas. Both parties involved in the lease agreement must sign the lease and adhere to all applicable local, state, and federal laws.
Yes. Both oral and written lease agreements are allowed in Arkansas. However, it’s always recommended to have the rental agreement in writing to help avoid any potential legal disputes in the future. Landlord and Tenant Rights – Arkansas Attorney General.
Here are some key components that should be included in an Arkansas lease agreement to ensure a smooth and fair rental experience for all parties involved.
Free Resources: Arkansas Lease Agreement | eForms
Source: Detailed Arkansas Lease Agreement Template | Dropbox.com
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SECTION 4
Security deposits are capped in Arkansas. The total amount that a landlord can collect as a security deposit in Arknasas must not exceed 2 months worth of rent. (A.C.A. § 18-16-304)
Additionally, it’s important to note that non-refundable security deposits are forbidden under Arkansas tenant deposit laws. Landlords are required to reimburse tenants for all security deposits collected unless any deductions were made.
Landlords in Arkansas are permitted to request and collect a pet deposit from their tenants. However, the total security deposit amount, including any per fees or deposits, cannot exceed the legal maximum security deposit amount of two months. (A.C.A. § 18-16-304)
Also, landlords must adhere to the federal Fair Housing Act and Arkansas laws when demanding pet deposits. They cannot demand an additional deposit from tenants with disabilities who employ service animals.
In Arkansas, landlords are allowed to make certain deductions from a tenant’s security deposit. Such deductions can be used to cover:
If there were any deductions made the landlord is required detail these deductions, itemized in a written notice which must be delivered to the tenant alongside the remainder of the deposit within sixty (60) days after termination. (A.C.A §18-16-305(a)(2))
Arkansas does not require landlords to store a tenant's security deposit in a specific way. As such, landlords can decide where they want to keep the funds, whether in an interest-bearing account, a separate account, or a normal account.
According to Arkansas law, landlords have 60 days from the expiration of the lease to return the security deposit (minus deductions) to the tenant. (A.C.A §18-16-305(a)(2))
Landlords are required to send the remaining deposit amount to the tenant’s forwarding address. It is the tenant's obligation to give the landlord their forwarding address. After 180 days, the landlord can keep the security deposit if the tenant doesn't comply. (A.C.A §18-16-305(b)(2))
Landlords are not required to hold tenant deposits in interest-bearing accounts. As such, they are not mandated to pay tenants any interest accrued on the security deposit during the lease.
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SECTION 5
The most common type of eviction in Arkansas is called the "Unlawful detainer" eviction. During this eviction, a landlord can ask a judge to provide authorization for law enforcement to remove a tenant from a property.
However, there are certain rules and guidelines that govern an Arkansas eviction process to ensure fairness and openness in landlord-tenant relationships. It's also crucial to note that in Arkansas, a landlord cannot kick a tenant out without a good reason or by giving them advance notice.
Here are some of the most common reasons why landlords can legally evict a tenant in Arkansas:
In Arkansas, the notice requirements for evicting a tenant are as follows.
As per Arkansas Code § 18-17-701(b) landlords must wait until after the statutory grace period to send a notice for nonpayment of rent. If rent is unpaid when due, the tenant has five (5) days from the due date to pay the rent.
If the tenant does not pay the rent within this 5 day grace period landlords can issue one of the following eviction notices. (A.C.A. § 18-17-901(b))
For Speedy Resolution: If you want a faster process to either get the rent or start the eviction process, the 3-Day Notice to Quit is typically used.
For Criminal Penalties: If you prefer to pursue a path that could involve criminal charges for the tenant if they refuse to leave, the 10-Day Notice to Vacate under § 18-16-101 may be the better option.
The following are the general steps involved in the eviction procedure in Arkansas:
Source: Evictions - Landlord/Tenant | Arkansas Law Help, Landlord and Tenant Rights | Arkansas Attorney General (.gov).
SECTION 6
The Arkansas landlord-tenant law doesn’t talk much about guidelines landlords are expected to follow during a rental application. Here are a few statutes pertaining to Arkansas rental applications.
There is no cap on the amount a landlord can charge as a rental application fee. However, the amount is expected to be reasonable, and the fee should cover only the actual expenses during the screening process.
Additionally, it’s important to note that application fees in Arkansas are non-refundable, regardless of the basis for the application's rejection. The landlord is expected to inform the tenant about this before they apply.
Arkansas landlords must follow the provisions included in federal and state anti-discrimination laws when screening new tenants.
According to the federal Fair Housing Act, landlords are prohibited from treating tenants unfairly on the basis of race or color, religion, national origin, age or familial status (including that of pregnant women and families with underage children), handicap or disability, or sex (including gender identity and sexual orientation).
An ideal Arkansas rental application form should not request any information that can be considered used to discriminate against potential renters.
Landlords in Arkansas are allowed to use a tenant screening report to determine whether to or not accept a prospective tenant’s application. This tenant screening report can contain a credit check, criminal background report, job history report, or rental history record.
However, it’s important to note that landlords require the applicants’ permission before conducting these checks. Landlords should ideally have applicants sign and affix a consent-seeking form to their application.
If a tenant's application is denied, landlords are mandated by federal law (under the Fair Credit Reporting Act) to notify them of the rejection with an adverse action notice. This notice is expected to explain to the tenant that:
To make the rental application process effective, here is a list of crucial requests to include in your Arkansas rental applications:
Source: Landlord/Tenant Law | Arkansas Law Help
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SECTION 7
Under Arkansas law, both business and residential leases usually have a set length of time included in the agreement. However, there are some instances where either the landlord or tenant decides to end the lease early. The person terminating the lease, in this case, is seen to be breaking the lease if the lease document does not offer a way to do so legally.
Breaking a lease early usually comes with some consequences, like having to pay the rest of the rent on the lease agreement. However, there are several circumstances in which an early lease termination is permissible for both the landlord and the renter. Nonetheless, landlords and tenants are required to give a notice before they can legally break a lease in Arkansas.
Arkansas permits early lease termination under certain situations. Here are some of the exemptions under Arkansas law:
According to federal law, renters can legally end a lease if they are part of the U.S. military reserves when signing it. This legal provision allows them to avoid penalties for breaking a lease when called up for active duty. However, the tenant is still required to give their landlord a notice letter alongside evidence to prove their call-up.
It’s also important to note the termination of the lease would only take effect thirty days after the tenant’s next rent payment is due.
Arkansas landlords are mandated to adhere to state laws when it comes to maintaining the fundamental health and safety of rental units. Renters have the right to without further payment of rent if your landlord does not fix a health or safety issue in the property within 30 days of being notified (Ark. Code § 18-17-502(d) (2021)).
In Arkansas, landlords are not required by law to obtain consent from tenants before entering the rented property. However, if the entry occurs frequently or happens at odd hours, it could be termed an invasion of privacy. Additionally, actions like changing the locks and turning off essential features in the house like heat, water, etc., can be considered landlord harassment.
When all these happen, the court would consider that the landlord has been "constructively evicted" by the tenant. In this case, the tenant can break the lease and not pay any further rent.
SECTION 8
Below is an overview of some Arkansas HOA laws that often apply to homeowners associations in the state:
Arkansas Horizontal Property Act outlines regulations for the creation, management, power, and operation of horizontal property regimes. However, only HOAs that file for a Master Deed or Declaration are regarded as a horizontal property regime and are subjected to the act. (Arkansas Horizontal Property Act: Applicable to Horizontal Property Regimes)
The Arkansas Nonprofit Corporation Act governs the procedures and organizational structure of nonprofit organizations established after December 31, 1993. This act is applicable to HOAs that have nonprofit company incorporation.
You can visit the website of the Arkansas Secretary of State to find out the corporate status of a homeowner association. (Arkansas Nonprofit Corporation Act of 1993: Applicable to Nonprofit Corporations)
The Arkansas Fair Housing Act was enacted to protect people's rights to equitable housing possibilities, irrespective of their country of origin, gender, religion, disability, race, or family status. It contains similar legislation and protections offered by the federal Fair Housing Act (FHA).
Under the coverage of this act, victims of housing discrimination may file a complaint with the Arkansas Fair Housing Commission or the HUD. Another option is to file a federal or state court lawsuit against the offending HOA. (Arkansas Fair Housing Act)
SECTION 9
Arkansas squatter's rights are based on the idea of adverse occupancy. According to this legal theory, someone may be able to legally claim ownership of the land they have been residing on and utilizing without the owner's consent.
However, this process takes time, and there are a few prerequisites and procedures that need to be followed.
In order to successfully file an adverse possession claim in Arkansas, a squatter needs to fulfill the following requirements:
SECTION 10
Below, you’ll find some helpful Arkansas landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
