Arkansas Tenant-Landlord Rental Laws & Rights for 2024

Introduction to Arkansas Landlord-Tenant Laws

Arkansas landlord-tenant laws outline the rights and responsibilities for both tenants and landlords when it comes to renting residential property. Key aspects covered under Arkansas law include security deposits, rent payments, repairs and maintenance, access to the property, evictions, anti-discrimination protections, and disclosures.

Overall, Arkansas leans more landlord-friendly in its rental laws. Landlords have broad rights when it comes to management and control of their properties. For example, there are not many restrictions on reasons a landlord can evict a tenant. Landlords also have wide latitude when it comes to entering rental units with proper notice. 

However, Arkansas law does provide some important protections for tenants. Landlords are required to maintain rental units in a fit and habitable condition. Tenants have remedies, such as withholding rent, if a landlord fails to make necessary repairs. There are also anti-discrimination laws prohibiting landlords from refusing to rent based on protected characteristics. Retaliation by landlords against tenants who exercise their rights is prohibited.

Tenant rights in Arkansas:

• Right to a fit and habitable living environment
• Right to privacy and quiet enjoyment of the rental unit
• Right to withhold rent in certain situations until repairs are made
• Protection from discrimination and retaliation

Tenant responsibilities in Arkansas:

• Paying rent in full and on time  
• Avoiding damage to the property
• Complying with lease terms and community rules

Landlord rights in Arkansas:

• Right to collect rent and issue notices of increases
• Right to collect security deposits 
• Right to enforce lease terms and community policies

Landlord responsibilities:

• Maintaining the property in habitable condition
• Making necessary repairs in a timely manner
• Complying with health, safety, and housing codes

Overall, while Arkansas rental laws favor landlords, they do provide some important statutory rights and protections for tenants renting property in the state.

Security Deposits in Arkansas

Arkansas law allows landlords to collect a security deposit up to an amount equal to two months rent. The deposit can be used to cover damages caused by the tenant beyond normal wear and tear, any unpaid rent or late fees, and cleaning or repairs needed after the tenant moves out.

Landlords must return the full security deposit within 60 days after the tenant has moved out and provided their forwarding address. If any deductions are taken from the deposit, the landlord must provide an itemized statement explaining the amounts and reasons for the deductions. 

Allowable deductions a landlord can take from the security deposit:

• Repair costs for any damages beyond normal wear and tear, including holes in walls, broken appliances, stained carpeting.
• Unpaid rent, late fees, or utility bills owed by the tenant.
• Cost of cleaning or repairs to get the unit ready for the next tenant if the tenant left it excessively dirty or damaged. 
• Replacement costs for any keys, access cards, or other items not returned by the tenant.
• Removal and disposal costs for any personal items or trash left behind by the tenant.

If a landlord does not return the deposit or provide a statement of deductions within 60 days, the tenant can sue to recover up to double the amount of the deposit improperly withheld.

Rent Rules and Regulations in Arkansas

In Arkansas, tenants are required to pay rent on time as specified in the lease agreement. If rent is not paid on time, landlords have the following options:

• Grace Periods: There are no laws in Arkansas requiring a grace period for late rent payments. The lease agreement dictates if any grace period exists.
• Late Fees: Landlords may charge reasonable late fees for overdue rent payments. The late fee amount and terms must be included in the lease. Late fees are typically a set dollar amount, such as $50 per late payment. 
• Notice of Rent Increases: For month-to-month leases, landlords must provide 30 days written notice before increasing rent. For fixed term leases, rent cannot be increased during the lease term unless specifically stated in the lease. At lease renewal, landlords must give 30 days notice of any rent increase.
• Partial Payments: Landlords are not required to accept partial rent payments in Arkansas. They can refuse partial payment and proceed with eviction after proper notice.
• Nonpayment Eviction: If rent is unpaid, landlords can give a 10-day notice to pay or vacate. If the tenant fails to pay all rent due or move out, the landlord can file for eviction.

Tenants should ensure they pay rent in full and on time. Landlords must provide proper notice for any rent increases per Arkansas law. Nonpayment of rent gives landlords the right to proceed with the eviction process.

Repairs and Maintenance Responsibilities

Under Arkansas law, landlords are responsible for maintaining rental properties in habitable condition. This includes making any repairs necessary to keep the property fit and livable.

If anything in the rental unit is broken, damaged or not functioning properly, the tenant should notify the landlord in writing as soon as possible. This written notice should describe the issue and request the repair be made within a reasonable timeframe, such as 7 days. The tenant should keep a copy of this notice for their records. 

If the landlord does not make the requested repair within the reasonable timeframe, the tenant has a few options:

• The tenant can file a complaint with the local housing, building or health code department, requesting an inspection of the issue. If code violations are found, the department can force the landlord to make repairs.
• The tenant can withhold a portion of the rent after providing written notice about the needed repair. The amount withheld should be reasonable based on the repair needed. The tenant should put the withheld money in a special bank account.
• The tenant can hire a licensed contractor to make the repair, and deduct the cost from the rent. The tenant should get multiple quotes and keep copies of invoices to show the landlord. 
• In certain situations, the tenant may be able to break the lease if the property is uninhabitable due to the landlord's failure to make repairs. Proper notice must be given to the landlord before breaking the lease.

A tenant should never simply stop paying rent without following the proper process. Withholding rent without adhering to the law can allow the landlord to evict the tenant. It's recommended to consult with a local tenant advocacy group before taking any action if the landlord fails to make repairs.

Notice of Entry Laws in Arkansas

Arkansas law requires landlords to provide tenants with proper notice before entering rental units, in order to respect the tenant's right to privacy.

Notice Required

Landlords must provide tenants with at least 2 days written notice before entering the rental unit for non-emergency reasons. The notice should state the date, approximate time, and purpose for the entry. 

For routine inspections like showing the unit to prospective tenants or checking on maintenance issues, 24 hours written notice is required.

Entry Times Allowed 

The law states that entries are only permitted between the hours of 8:00am and 8:00pm. The landlord cannot enter outside of these hours without the tenant's consent.

Tenant Rights

If a landlord violates these notice of entry laws, the tenant can take legal action. Tenants have the right to deny entry if proper notice was not given, or if the entry is planned outside permitted hours. 

Tenants also have the right to be present for any entry. If they cannot be there, they can request that the landlord return at a better time.

If a landlord repeatedly violates notice of entry laws, the tenant may be able to recover damages or terminate the lease. Tenants should keep written records of any improper entries.

Eviction Laws and Procedures in Arkansas

Landlords in Arkansas can legally evict tenants for certain reasons, including:

• Nonpayment of rent: If the tenant fails to pay rent on time, the landlord can give a 10 day notice to vacate before filing for eviction.
• Lease violations: If the tenant violates the lease, such as having unauthorized pets or occupants, the landlord can give a 10 day notice to cure the violation before filing for eviction.  
• Damage to property: If the tenant damages the property, the landlord can give a 10 day notice to vacate before filing for eviction.
• Criminal activity Landlords can immediately evict tenants for engaging in criminal activity on the premises.
• Refusing access: If the tenant refuses the landlord reasonable entry for repairs or maintenance, a 10 day notice to vacate can be given.
• Holdover tenants: Tenants who stay past the expiration of their lease without permission can be given a 10 day notice to vacate.

For most evictions in Arkansas, the landlord must provide the tenant written notice of the violation and give them 10 days to correct it before filing for eviction. The notice must list the specific grounds for eviction.

Once proper notice is given, if the tenant fails to comply, the landlord can file an unlawful detainer lawsuit with the court to evict the tenant. The court will schedule a hearing where both parties can present evidence and make their case. 

If the judge rules in favor of the landlord, they will issue an eviction order giving the tenant a certain number of days to vacate. If the tenant does not leave, the county sheriff will forcibly remove the tenant from the property.

The eviction process can take 2-3 weeks from start to finish if the tenant contests it. Expedited proceedings are available in certain situations like criminal activity or refusal of access. Having an attorney can help navigate the legal system during evictions.

Rent Control in Arkansas

Arkansas does not have statewide rent control laws. This means there are no statutory limits on the amount a landlord can charge for rent or the percentage by which rent can be increased annually. Landlords in Arkansas have the freedom to set rental prices and increase rent as they see fit, subject to the terms of the lease agreement and proper notice requirements.

No Statewide Rent Control

• Arkansas does not impose rent control measures, allowing landlords to set and adjust rental rates without statutory limitations.

Lease Agreement Governs Rent

• Rent amounts and increases are governed by the lease agreement between the landlord and tenant. Any conditions or limitations on rent increases must be explicitly stated in the lease.

Notice Requirements for Rent Increases

• For month-to-month tenancies, landlords must provide a minimum of 30 days written notice before implementing a rent increase. For fixed-term leases, rent cannot be increased during the lease term unless the lease specifically allows for it. After the lease term expires, a 30-day notice is again required for any rent increase.

Market-Driven Rental Rates

• Without rent control, rental rates in Arkansas are influenced by market conditions, including demand and the availability of rental properties.

Squatters' Rights in Arkansas

Squatters' rights, also known as adverse possession, allow individuals to claim ownership of land under certain conditions. In Arkansas, for a squatter to gain legal title to a property, they must meet specific requirements set forth by state law.

Adverse Possession Requirements

To claim property through adverse possession in Arkansas, a squatter must meet the following criteria:

• Continuous Possession: The squatter must occupy the property continuously for at least seven years.
• Open and Notorious Possession: The occupation of the property must be obvious to anyone, including the owner. The squatter cannot hide their presence on the property.
• Hostile Possession: The possession must be without the permission of the rightful owner. The squatter must act as if they own the property, which includes paying property taxes, maintaining the property, and excluding others.
• Exclusive Possession: The squatter must possess the property exclusively, without sharing control with others, including the rightful owner.
• Actual Possession: The squatter must physically use the property, such as living on it, farming it, or making improvements.

Legal Process for Adverse Possession

If a squatter meets all the adverse possession requirements, they can file a lawsuit to obtain legal title to the property. This process involves proving to a court that all the conditions for adverse possession have been satisfied.

Preventing Adverse Possession

Landowners can prevent adverse possession by regularly inspecting their properties, promptly addressing trespassing, and ensuring that property boundaries are clearly marked and maintained.

Anti-Discrimination Protections

Arkansas law prohibits housing discrimination based on race, color, religion, sex, disability, familial status, or national origin. Landlords are prohibited from refusing to rent, impose different rental terms, or falsely deny availability based on membership in these protected classes.

Examples of unlawful discrimination:

• Refusing to rent to families with children under 18
• Charging higher rents or deposits for tenants who are disabled
• Denying housing based on the tenant's race or skin color

Tenants who experience discrimination should file a complaint with the Arkansas Fair Housing Commission within 365 days of the incident. Complaints can be submitted online or by phone, email, mail or in-person. 

The Commission will investigate the allegations and determine if discrimination occurred. If a violation is found, the Commission can order remedies such as rent refunds, civil penalties, and mandatory policy changes. Landlords found guilty of discrimination may be liable for actual damages, punitive damages, and attorney's fees.

Tenants may also file a lawsuit in state court within 2 years of the discriminatory housing practice. The court can order injunctions, actual damages, and punitive damages against landlords violating the Arkansas Fair Housing Act.

Laws Against Landlord Retaliation

Arkansas law prohibits landlords from taking retaliatory action against tenants who exercise their legal rights. Retaliatory acts by landlords are illegal under Arkansas Code § 18-17-701.

Examples of prohibited retaliatory conduct:

• Increasing rent or decreasing services after a tenant complains or requests repairs
• Refusing to renew a lease after a tenant files an official complaint 
• Filing an eviction lawsuit in response to a repair request
• Turning off utilities or changing locks after a dispute

If a landlord takes any retaliatory action within 6 months after a tenant exercises their rights, the law presumes the act was retaliatory. The burden is then on the landlord to prove it was not done in retaliation.

Tenants have important protections if they experience landlord retaliation:

• Tenants can sue landlords for damages from retaliation
• Tenants may be able to stop an eviction based on retaliation
• Tenants can use retaliation as a defense if sued by the landlord
• Tenants can recover up to 3 months rent plus attorney's fees

Remedies available for tenants under the law include:

• Recovering actual damages 
• Obtaining injunctive relief
• Recovering court costs and attorney's fees

By prohibiting retaliation, Arkansas aims to ensure tenants can freely exercise their rights without fear of reprisal from landlords.

Mandatory Disclosures in Arkansas

Landlords in Arkansas are required to disclose certain information to tenants under state law. This helps ensure tenants are fully informed about the rental unit and any issues that may impact their health, safety, or finances.

Appliances, Utilities, and Services Provided

Landlords must disclose what appliances, utilities, and services are provided with the rental unit. This includes things like:

• Stove, refrigerator, microwave 
• Electricity, gas, water, sewer
• Cable TV, internet, trash removal

If certain utilities like water or electric will be billed separately to the tenant, this must be disclosed upfront before signing the lease. The tenant has a right to know what is included in the rent and what they will pay for separately.

Known Hazardous Conditions  

Landlords in Arkansas must inform tenants of any known hazardous conditions that may impact the health or safety of occupants. These include things like:

• Lead-based paint in pre-1978 housing
• Mold or moisture problems  
• Faulty or defective smoke detectors
• Any other conditions that pose a safety risk

Tenants have a right to be aware of these types of hazards that can affect their living environment. Landlords who fail to disclose can face penalties under state law.

Other Required Disclosures

Additional disclosures a landlord may need to provide include:

• History of bedbug infestation
• Death of a prior occupant if within the last 5 years
• Convicted sex offenders residing nearby
• Flood risks if in a floodplain

Providing these disclosures ensures the tenant can make fully informed decisions about renting the property. Landlords should consult an attorney to ensure they are satisfying all disclosure requirements under Arkansas law.

Frequently Asked Questions

What are the rules for security deposits in Arkansas between landlords and tenants?

In Arkansas, landlords can charge a security deposit up to 2 months' rent. Landlords must return the full security deposit within 60 days after the tenant moves out, along with an itemized statement of any deductions.

Reasons a landlord can deduct from the deposit include unpaid rent, damages beyond normal wear and tear, and expenses required to re-rent the unit. If a landlord fails to return the deposit or provide an itemized statement within 60 days, the tenant can sue to recover up to double the amount wrongfully withheld.

What are the landlord's responsibilities for property maintenance and repairs in Arkansas? 

Landlords in Arkansas are required to maintain rental properties in habitable condition. This includes keeping electrical, plumbing, sanitary, heating and A/C systems in good working order. Landlords must make any repairs needed to keep the property habitable.

Tenants should notify the landlord of any needed repairs in writing. If a landlord fails to make repairs within 14 days of written notice, the tenant can pursue remedies like terminating the lease or withholding rent.

How much notice is required for rent increases in Arkansas?

For month-to-month leases, landlords in Arkansas must provide 30 days written notice before increasing rent. For fixed term leases, rent cannot be increased during the lease period unless specifically allowed by the lease. Landlords must still provide 30 days notice for any rent increase after a fixed term lease expires and transitions to month-to-month.

What are the eviction processes and procedures in Arkansas?

Arkansas landlords must give tenants 3 days written notice to pay rent or vacate before filing for eviction. If the tenant fails to pay or move out after notice, the landlord can file for eviction with the court.

The court will schedule a hearing within 10 days where both parties can present their case. If the judge rules in the landlord's favor, the tenant will have 5 days to appeal or vacate before a writ of possession is issued to forcibly remove the tenant.

What are prohibited acts by landlords against tenants in Arkansas?

Arkansas law prohibits landlord retaliation against tenants who exercise their legal rights. Examples of tenant rights include complaining about housing code violations, joining a tenant union, or withholding rent for failed repairs.

Landlords cannot retaliate by unlawfully increasing rent, decreasing services, unjustly evicting, or threatening or penalizing the tenant. Tenants can sue landlords for up to 3 months rent plus attorneys fees for retaliation.

Helpful Resources for Arkansas Landlord-Tenant Law

Navigating landlord-tenant law can be complex, but there are several resources available to help both landlords and tenants understand their rights and responsibilities. Below are some useful legal and government resources specific to Arkansas.

Legal Resources

• Arkansas Legal Services Partnership (ALSP)
  • Provides free civil legal assistance to low-income Arkansans. They offer resources on tenant rights, eviction processes, and other housing-related issues.
• Arkansas Access to Justice
  • Focuses on ensuring access to justice for all Arkansans. They provide information on legal aid, self-help resources, and links to legal forms.
• University of Arkansas School of Law Legal Clinic
  • Offers free legal services to low-income individuals in Northwest Arkansas, including landlord-tenant disputes.

Government Resources

• Arkansas Attorney General’s Office
  • Provides information on landlord and tenant rights and responsibilities, including how to file a complaint against a landlord.
  • Tenant Hotline: 1 (800) 482-8982
• Arkansas Fair Housing Commission
  • Enforces fair housing laws and addresses complaints of housing discrimination. They provide resources and assistance for tenants facing discrimination.
  • Phone number: 1 (800) 340-9108
• Arkansas Judiciary Self-Help Center
  • Offers self-help resources, including forms and instructions for landlord-tenant issues, small claims court, and more.
• U.S. Department of Housing and Urban Development (HUD) – Arkansas Office
  • Provides federal resources and assistance programs for renters, including information on housing rights, subsidies, and how to file complaints.
  • Local Office: 425 W. Capitol Avenue, Suite 900, Little Rock, AR 72201
  • Phone number: 501-324-5931