In Arkansas, a landlord-tenant relationship can be established either orally or through a written agreement. Once established, Chapter 17 of Title 18 of Arkansas law grants both parties certain rights and responsibilities.
For example, as a landlord, you obtain the right to collect rent on time and evict a tenant for violating the lease. On the other hand, your tenant obtains the right to quiet enjoyment of their rented premises and the right to live in a habitable property. Please note that these rights exist regardless of the lease agreement stating otherwise.
The following is a guide to the Arkansas Landlord-Tenant Law. Understanding it can help you avoid future potential legal conflict between you and your tenant.
Required Landlord Disclosures in the State of Arkansas
Tenants in Arkansas have a right to be provided a disclosure on lead-based paint. However, this is only mandatory for landlords who rent out units built prior to 1978.
Tenants’ Rights & Responsibilities in Arkansas
Your Arkansas tenant has the following rights under Chapter 17 of Title 18 of Arkansas laws. Your tenants have the right to:
- Be provided with a livable rental property.
- Continue living in the rented premises until the proper eviction proceedings have been followed to remove them.
- Break the lease early for certain legally justified reasons. There are only three reasons that can permit a tenant to do so in Arkansas. These reasons are: early lease termination clause, active military duty, and violation of the lease by the landlord.
- Enjoy the rented premises in peace and quiet.
- Be treated fairly as per the Fair Housing Act.
- Have repairs done within a reasonable period of time.
The following is a list of some of the responsibilities tenants have in Arkansas.
- Paying rent in a timely manner.
- Maintain the required level of cleanliness.
- Avoid causing disturbances to other tenants or neighbors.
- Make repairs to any damage they cause.
- Provide a written notice prior to moving out.
Landlords’ Rights & Responsibilities in Arkansas
Arkansas is considered to be a very landlord-friendly state. The following are some of the rights landlords have in the state of Arkansas. As a landlord, you have the right to:
- Evict a tenant for violating the terms of the lease agreement.
- Enter a tenant’s rented unit.
- Decide the rental price.
- Require a tenant to pay a security deposit prior to moving in.
- Make allowable deductions to a tenant’s security deposit, such as if they fail to pay rent.
- Screen prospective tenants prior to allowing them to move in.
As for the responsibilities, some are as follows.
- Follow the proper eviction process when removing a tenant.
- Abide by the security deposit limits.
- Abide by all terms of the lease agreement.
- Disclose certain information to prospects.
Overview of the Arkansas Landlord-Tenant Law
1. Security Deposits
Arkansas has a security deposit law in place, which all landlords must abide by if requiring a security deposit. Some of these laws are as follows:
- You cannot charge more than the equivalent of two months’ rent as a security deposit.
- You must return the tenant’s deposit within 60 days of them moving out.
- You must only make deductions for certain allowable reasons. An example of this is to compensate yourself for a missed rent payment.
2. Small Claims Courts
Arkansas small claims courts can hear rental disputes valued up to a maximum of $5,000. The statute of limitations is 5 years. These courts, however, do not handle eviction related cases.
3. Landlord Entry
Arkansas doesn’t have a law on landlord entry. As such, landlords are assumed to enter whenever they choose and for any reason, unless the lease has agreed-upon conditions.
But even in the presence of any lease conditions, landlords are generally assumed to have a right to enter in case of emergencies.
4. Housing Discrimination
Under federal law, it’s illegal for landlords and other housing providers to discriminate against their tenants on the basis of certain protected classes. The protected classes under federal law include race, color, religion, nationality, disability, familial status, and gender.
The state’s Attorney General is responsible for enforcing the housing discrimination law.
The following are some actions that may be deemed to be discriminatory as per the anti-discrimination law.
- Creating rental ads that show preference or limitation for certain groups of people.
- Treating tenants differently depending on their race or nationality.
- Failing to make reasonable accommodations or modifications to people living with a disability.
- Refusing to rent to a family.
5. Tenant Evictions
Under Arkansas rental laws, landlords have the authority to evict tenants if necessary. The following are some common reasons for evicting tenants:
- Unpaid rent.
- Violation of the lease agreement.
- Illegal acts, such as gambling or prostitution.
- End of lease term.
6. Rent Increases
As a landlord in Arkansas, you’re free to set the rental price to whatever you see fit. This is because the state has no form of rent control in place. Also, the amount in which you are raising rent is unlimited, as long as the rent increase is not for retaliatory reasons.
If you charge a fee on late rent payment, you must wait at least 5 days before applying the charge.
Bottom Line
Hiring a property manager can help take the stress out of owning a rental property. Here at Keyrenter Arkansas, we are a full service Fayettevile property management company. Our services include screening tenants, collecting rent, and staying up to date on all landlord-tenant laws and Fair Housing Laws, so you don’t have to worry. Visit our website, Keyrenter Arkansas, to learn more!
Disclaimer: This content isn’t a substitute for professional legal advice from a qualified attorney. Laws change and this information may also not be updated at the time you read it. If you have a question regarding the Arkansas landlord-tenant laws, Keyrenter Arkansas can help. Our goal is to take the headache away from property management! Get in touch to learn more.