Landlord Guide to Renting in Arkansas

Arkansas law allows both written and oral lease agreements. Written leases should clearly outline rent amount, due dates, lease duration, and each party's responsibilities. Oral agreements are valid for terms shorter than one year but are difficult to enforce in disputes.

• Written and oral leases are both legally valid
• Oral leases must be for terms of less than one year to be enforceable under the Statute of Frauds
• Month-to-month tenancies are created by default when no lease term is specified
• Landlords should provide a copy of the signed lease to the tenant

Under A.C.A. § 18-16-304, landlords may collect a security deposit of up to two months' rent. The deposit must be held in a separate escrow account in a federally insured depository institution within the state. Landlords are not required to pay interest on the deposit.

• Maximum deposit: two months' rent (§ 18-16-304)
• Must be held in a separate escrow account at an insured financial institution in Arkansas
• No interest is required on security deposits
• The landlord must provide a written receipt when the deposit is paid

Arkansas has limited mandatory disclosure requirements compared to many other states. However, landlords must still comply with federal disclosure obligations and provide basic information about the property and management.

• Name and address of the landlord or authorized agent
• Lead-based paint disclosure for pre-1978 properties (federal requirement, 42 U.S.C. § 4852d)
• Disclosure of any known defects or hazardous conditions on the property
• Written notice regarding security deposit terms and the account where it is held

Rent is due on the date specified in the lease. Arkansas law provides a 5-day grace period before landlords can charge a late fee (A.C.A. § 18-17-401(b)). Arkansas is notable for having a criminal eviction statute — a tenant who fails to vacate after receiving a proper notice may face criminal penalties.

• Rent is due on the date specified in the lease
• 5-day grace period before late fees apply (§ 18-17-401(b))
• Late fees must be reasonable and specified in the lease
• Failure to pay rent after proper notice can result in criminal charges under Arkansas law (§ 18-16-101)

Arkansas does not have a comprehensive statutory implied warranty of habitability. Landlord maintenance obligations depend largely on the terms of the lease and local housing codes. However, landlords must comply with any applicable local building and health codes, and may not rent a property with known hazardous conditions without disclosure.

• No comprehensive implied warranty of habitability by statute
• Maintenance obligations are primarily governed by the lease terms
• Landlords must comply with local building and housing codes where applicable
• Known hazardous conditions must be disclosed or remedied

Arkansas does not have a specific statute governing a landlord's right of entry. The rules for entry are typically established in the lease agreement. Best practice is to provide reasonable notice (at least 24 hours) before entering for inspections or repairs, except in emergencies.

• No specific statute on landlord right of entry
• Entry terms should be included in the lease agreement
• Best practice: provide at least 24 hours' notice before entering
• Emergency entry is generally permitted without notice

Arkansas has no rent control laws and does not limit the amount a landlord can increase rent. For month-to-month tenancies, the landlord must provide at least 30 days' notice before the increase takes effect. Rent cannot be increased during a fixed-term lease unless the lease permits it.

• No rent control laws in Arkansas
• 30 days' notice required for rent increases on month-to-month tenancies
• Fixed-term lease rent may only increase if the lease contains such a provision
• Rent increases must not be discriminatory or retaliatory

Notice periods in Arkansas depend on the type of tenancy and the reason for termination. Month-to-month tenancies require written notice before termination by either party.

• Month-to-month tenancy: 30 days' written notice (A.C.A. § 18-17-704)
• Week-to-week tenancy: 7 days' written notice
• Fixed-term lease: ends at the expiration of the term
• Nonpayment of rent: 3-day notice to vacate (§ 18-60-304) or 10-day notice under the unlawful detainer statute

Evictions in Arkansas may be pursued through the civil unlawful detainer process or, uniquely, through criminal failure-to-vacate proceedings. The civil process requires the landlord to serve a written notice, then file an unlawful detainer action in district court. The criminal process (§ 18-16-101) allows charges to be filed if a tenant fails to leave after receiving a 10-day written notice to vacate.

• Serve written notice to the tenant (3 days for nonpayment, 14 days for lease violations)
• File an unlawful detainer action in district court if the tenant does not comply
• Attend the hearing — the court will issue a judgment for possession if appropriate
• Alternatively, a criminal failure-to-vacate complaint may be filed after a 10-day notice (§ 18-16-101)

Under A.C.A. § 18-16-305, landlords must return the security deposit within 60 days after the tenant vacates the property. The landlord must provide a written itemized statement of any deductions. If the landlord wrongfully withholds the deposit, the tenant may recover the full deposit amount plus penalties.

• Return deadline: 60 days after the tenant vacates (§ 18-16-305)
• An itemized statement of deductions must be provided
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, cleaning costs
• Wrongful withholding may result in the landlord paying the full deposit plus penalties