Arkansas Lease Agreement

Required Landlord Disclosures (3)

1. Lead-Based Paint Disclosure: The federal Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X, requires landlords across the country to disclose the known presence of lead-based paint in most dwelling units constructed prior to 1978.

2. Landlord Name and Address: Per the Arkansas Landlord/Tenant handbook, landlords must include their name and address and/or the name and address of an authorized property manager in the lease agreement.

3. Move-in Inspection Form: If a landlord knows of any defects to the dwelling unit’s heating and air conditioning, plumbing, roof, electricity, and drinking water systems, they must disclose this information to the tenant at the time of move-in (Ark. Code § 18-17-502).

Security Deposit Regulations

Maximum Security Deposit Amount: Arkansas landlords may not charge more than two months’ rent as a security deposit (Ark. Code § 18-16-304).

Receipt of Deposit: As of 2024, landlords in Arkansas do not have to provide tenants with written notice that their security deposit was received.

Deduction Tracking: If a landlord deducts against a security deposit to cover unpaid rent or damages exceeding normal wear and tear, they must document this charge and provide the tenant with an itemized statement of all charges (Ark. Code § 18-16-305).

Returning a Tenant’s Security Deposit: Landlords must return any unused portions of the tenant’s security deposit and an itemized statement detailing any deductions within 60 days of the tenant moving out. If landlords cannot reach tenants through reasonable effort, the landlord may keep the deposit after 180 days have passed (Ark. Code § 18-16-305).

Landlord’s Access to Property

Advance Notice: Arkansas does not require landlords to give tenants advance notice before accessing the property. However, most landlords and tenants agree that 24 hours is sufficient notice to prevent disputes and privacy issues.

Immediate Access: In an emergency situation, landlords in Arkansas may enter a property without notice.

Landlord Harassment: If a landlord does not notify the tenant and continues to enter the dwelling unit without warning, this could constitute harassment and a violation of the tenant’s right to privacy. As a result, a tenant may break the lease without financial penalty, deny the landlord further entry to the dwelling unit, and potentially sue the landlord for breach of privacy.

Rent Payment Laws

Grace Period: Arkansas landlord-tenant laws do not provide a grace period for late rent—rent is due in full by the agreed-upon date.

Late Rent Fees: Landlords in Arkansas may charge late rent fees that do not exceed  $30.00 per month or 20% of the monthly rent amount, whichever is greater (Ark. Code §18-16-411).

Tenant’s Right to Withhold Rent: Arkansas laws do not permit tenants to withhold rent for any reason, including a landlord’s failure to make repairs (Ark. Code § 18-17-502).

Breach of Rental Agreement

Missed Rent Payment: If a tenant does not pay rent in full and on time, a landlord may deduct the amount of that rent from the security deposit. Landowners can initiate eviction proceedings if rent remains unpaid 5 days after the due date (Ark. Code § 18-17-901).

Lease Violation: Arkansas landlords must issue a notice to cure or quit to tenants who violate the terms of the lease, allowing the tenant 14 days to remedy the violation (Ark. Code § 18-17-701).

Self-Help Evictions: Self-help evictions, such as utility shutoffs or lockouts, are illegal in Arkansas and may lead to civil or financial penalties for landlords.

Lease Abandonment: If a tenant in Arkansas moves out of a rental unit before the lease terms have concluded, this is known as lease abandonment or breaking a lease. Tenants typically must continue paying rent for the duration of the original lease term but could be subject to other financial responsibilities (Ark. Code § 18-17-703).

Ending a Lease

Month-to-Month: The landlord or the tenant may terminate a month-to-month lease agreement by providing written notice at least 30 days before the intended termination date (Ark. Code § 18-17-704).

Fixed-Term: A fixed-term lease expires on a specific date, at which point either party may terminate the lease. In the case of special circumstances, such as starting active military duty (War and National Defense Servicemembers Civil Relief Act, 50 App. U.S.C.A. §§ 501 and following) or a landlord’s failure to provide safe, habitable housing (Ark. Code § 18-17-502), tenants may vacate a property during a lease term without penalty. Otherwise, tenants may need to pay the landlord’s attorney fees and damages incurred by the broken lease (Ark. Code § 18-17-703).

Property Abandonment: Landlords in Arkansas may dispose of abandoned property immediately without recourse (Ark. Code § 18-16-108).

Renewing a Lease

Required Renewals: Landlords in Arkansas are not required to allow tenants to renew their lease. However, landlords must notify tenants of any automatic renewal clauses in their lease at least 30 days before the expected date of renewal or cancellation (Ark. Code § 4-86-109).

Required Notice: Arkansas law does not specify how much notice must be given when the landlord or tenant does not intend to renew a lease. That said, it’s considered best practice for landlords and tenants to notify one another of non-renewal 30 to 60 days ahead of time. Some leases may include longer or shorter periods of required notice.

Rent Control & Stabilization

As of 2024, Arkansas has neither rent control nor rent stabilization laws, so landlords may raise rent by any amount deemed fit. However, landlords must give notice at least one rental period in advance.