Arkansas Landlord Tenant Laws [2023]: Tenant Rights and Frequently Asked Questions (2023)

Last update:December 17, 2021vonElisabeth Suza

Under Arkansas law (AR-Code. Tit. 18. Kap. 17), the law provides certain rights for tenants when there is a valid written or oral lease agreement. Tenants have the right not to be discriminated against in the apartment and have the right to itMessagesafety and health violations to the appropriate authorities.

Arkansas Rental CompanyAlsohave certain rights, including the right to collect rent on time and pursue an eviction lawsuit if the lease is breached.

Note:These rights existdespite ita different rental agreement.

Questions?To speak to an Arkansas landlord-tenant attorney,Click here

Landlord Responsibilities in Arkansas

Arkansas landlords are only required to give a unit “as is” and are generally not responsible for manufacturerepair. Landlords are only obliged to make repairs if they are specified in the rental agreement. Renters are also not permitted to take alternative actions if repair requests are not honored.

Arkansas is one of the few states that has no explicit or implicit livability guarantee. As such, there are no minimum habitability standards that landlords are required to provide. There are federal minimum standards for public housing and Section 8 lodging in Arkansas, but these standards do not apply to private rental housing.

Arkansas law also essentially immunes landlords from almost any liability to renters.

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Tenant Obligations in Arkansas

In addition to paying rent on time, Arkansas renters must:

  • Maintain equipment in accordance with cleanliness standards.
  • Do not disturb other tenants or neighbors.

Tenants in Arkansas have very few housing rights under Arkansas law. Renters are responsible for conducting repairs or maintenance on the unit. Tenants cannot withhold rent or make repairs and deduct the cost from future rent payments.

Evictions in Arkansas

Arkansas landlords have sweeping powers to evict tenants at will. The most common reasons for an eviction are:

  1. non-payment of rent– If a tenant fails to pay rent, Arkansas landlords can institute a civil or criminal lawsuit. In the event of a civil action, the landlord must a3-day notice periodand in a criminal proceeding, a landlord must: a10-day notice period.
  2. Violation of rental terms– If a renter is found to be in violation of the rental terms, Arkansas a14-day notice to heal or quit. If the tenant does not resolve the problem within the time limit, the landlord can request eviction.
  3. No lease / end of rental period (tenants at will)– If there is no rental agreement or the rental period has expired, the landlord does not need any further reason to end the rental relationship as long as the ordinary termination takes place. The amount of time required depends on the type of tenancy; in the case of a weekly tenancy, a landlord must7-day notice periodand monthly leases that a landlord must provide a30-day notice period.
  4. Illegal Actions– Prostitution, gambling and the illegal sale of drugs and alcohol are reasons for the landlord to evict a tenant. Notice of termination is not required and the landlord can file a complaint against the tenant directly.

It should be noted that failure to comply with an eviction order in Arkansas can result in criminal charges. Landlords are also prohibited from evicting tenantsretributionor for discriminatory reasons.

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Deposits in Arkansas

Note:These statutes apply only to Arkansas landlords who own or manage more than 5 properties. Otherwise they are not applicable.

  • Default limit/maximum amount– 2 months rent.
  • return period- 60 Takes.
  • Penalty for not returning on time- If a landlord wrongly withholds a security deposit, they may be required to pay up to twice the value of the security deposit.
  • Allowable Deductions– Failure to pay rent and repairs for damage caused by non-compliance with the rental agreement.

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Lease termination in Arkansas

Obligation to notify.Renters must notify in writing if they wish to terminate a rental agreement in Arkansas.

rent payment frequencyNote required
week after week7 Take
From month to month30 Take
From quarter to quarterNo statute
year for yearNo statute

Questions?To speak to an Arkansas landlord-tenant attorney,Click here

Premature termination.Tenants in Arkansas can legally terminate a lease for the following reasons:

  1. Early Termination Clause
  2. Active military service
  3. Violation of rental terms

If a renter breaks a rental agreement for a reason not listed above, they must continue to pay rent for the remainder of the rental period. Arkansas landlords are not required to re-let a unit.

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Rent increases and related fees in Arkansas

  • rental control.Arkansas does not have any form of rent control, so landlords are free to set rental rates as they see fit.
  • rent increases.Arkansas landlords are not limited in how much they can raise rents, but they are prohibited from raising rents for discriminatory reasons or in retaliation.
  • Rental Related Fees.Late fee charges are not governed by Arkansas law, although landlords must wait at least 5 days before applying them. Returned check fees are capped at $10-$16 depending on why they were returned.

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Housing Discrimination in Arkansas

Protected Groups.The Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, religion, sex, marital status or disability. This law does not apply to homes owned or operated by religious organizations. Arkansas does not extend additional protections to groups not listed in the Fair Housing Act.

Discriminatory Acts and Penalties.The Arkansas Attorney General is responsible for enforcing the Housing Discrimination Act. The following acts may be considered discriminatory when directed against a member of a protected class.

  • Ads that encourage or discourage certain groups of people from applying
  • Offering different terms and conditions or privileges
  • Assign tenants to a specific section of a complex

Arkansas does not define standard penalties for discrimination.

Additional Arkansas Tenant Tenant Rules

Landlord's right to enter Arkansas

Arkansas law does not specify how much notice a landlord must give before entering a property. In principle, they can occur at any time and for whatever reason, unless it violates previously agreed conditions in the rental agreement. Landlords are generally assumed to have the right to enter without notice in emergencies.

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Small Claims Court in Arkansas

The Arkansas Small Claims Court will hear up to $5,000 worth of rent disputes. Disputes under tenancy law have a limitation period of 5 years. However, the Arkansas Small Claims Court does not handle eviction cases.

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Mandatory information

Arkansas landlords are required to make only one mandatory disclosure:

  1. Lead based paint.Landlords of homes built before 1978 are required to report lead paint concentrations.

Changing locks in Arkansas

Landlords are required to comply with a request for a lock replacement in cases of domestic violence or sexual assault against one or more tenants. A new copy of the key must be presented to both parties.

Local Laws in Arkansas

Landlord-tenant rights in Little Rock

The City of Little Rock provides a more extensive list of health and safety regulations used in deciding housing issues. Landlords and tenants alike should pay attention to thisadditional statuteswhen renting in Little Rock.

In addition, please inquire with your district and municipality about additional landlord-tenant regulations.

Questions?To speak to an Arkansas landlord-tenant attorney,Click here

Can a landlord enter Arkansas without a permit?
Yes, Arkansas landlords may be allowed to enter the country without a permit. Tenants and landlords can agree on direct debit authorizations in the rental agreement.Continue reading "
Is Arkansas a landlord friendly state?
Yes, Arkansas is an extremely landlord-friendly state as there are very few rules and regulations that they have to abide by. Arkansas law gives landlords almost complete control over tenants.Continue reading "
What are the rights of a renter in Arkansas?
Tenants have very few housing rights in Arkansas. They have a general right to enjoy a rented property without undue interference from the landlord and have the right to call a health or safety inspector if they think their unit is not in compliance.Continue reading "
Can a renter change locks in Arkansas?
Arkansas renters may request that locks be replaced if they have been the victim of sexual assault or domestic violence.Continue reading "
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