Arkansas Residential Lease Agreement

Introduction

An Arkansas lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. This document outlines the cost of rent, tenancy type (month-to-month or fixed-term), utility responsibilities, and other essential rules governing the landlord-tenant relationship throughout the lease term. ^[1]

Arkansas landlord-tenant law is primarily governed by the Arkansas Residential Landlord-Tenant Act of 2007, which establishes comprehensive rights and obligations for both parties. Understanding these legal requirements is essential for creating valid, enforceable lease agreements. ^[2]

Required Disclosures

Lead-Based Paint Disclosure

Federal law mandates that landlords provide lead-based paint disclosure for any residential property built before 1978. This disclosure must inform tenants that the rental unit may contain lead-based paint, which can pose serious health risks, particularly to young children. The landlord must provide both the disclosure form and the EPA pamphlet "Protect Your Family from Lead in Your Home." ^[3]

Property Manager or Landlord Information

All Arkansas lease agreements must contain the name and address of the landlord or an authorized property manager. If a licensed property manager is involved, the lease must include specific rental details including the manager's contact information and the address where security deposits will be held. This ensures tenants know whom to contact for repairs, emergencies, and other rental matters. ^[4]

Known Defects and Move-In Inspection

Upon move-in, Arkansas law requires landlords to disclose known defects with essential systems and features of the rental property. This mandatory disclosure covers:

• Electrical systems***
• Potable drinking water supply***
• Sanitary sewer system and plumbing***
• Functioning roof and building structure***
• Heating and air conditioning systems***

Landlords should provide tenants with a move-in inspection form documenting the condition of these systems at the beginning of the tenancy. ^[5]

Security Deposits

Maximum Amount

Interest Requirements

Arkansas has no statutory requirement for landlords to pay interest on security deposits held during the tenancy. Landlords may choose to pay interest voluntarily, but it is not legally mandated.

Return Timeline and Requirements

After the tenancy ends, landlords must return the security deposit (minus any lawful deductions) within 60 days. If the landlord makes any deductions for unpaid rent, damages beyond normal wear and tear, or cleaning costs, they must provide an itemized list explaining each deduction. ^[7] This written notice must accompany the remaining deposit funds within the 60-day window. ^[8]

If the landlord cannot locate or contact the tenant for up to 180 days after the lease termination date, the security deposit becomes the landlord's property. ^[9]

Separate Bank Account

Arkansas does not require landlords to hold security deposits in separate, interest-bearing accounts. Landlords may commingle security deposit funds with their personal or business accounts.

Rent Payment Terms

Due Date and Grace Period

Late Fees

Arkansas law does not impose a statutory maximum on late fees. However, courts generally expect late fees to be reasonable and proportional to actual costs incurred by the landlord due to late payment. Landlords should specify late fee amounts and conditions clearly in the lease agreement. Excessive late fees may be challenged in court as unenforceable penalty clauses.

NSF (non-Sufficient Funds) Check Fees

Withholding Rent Prohibited

Arkansas law expressly prohibits tenants from withholding rent for any reason, including landlord violations of the lease or failure to make necessary repairs. ^[12] Even if the landlord fails to maintain the property in habitable condition, tenants must continue paying rent and pursue other legal remedies, such as repair-and-deduct (with limitations), lease termination, or filing a complaint with local housing authorities.

Landlord's Right to Enter

Notice Requirements

Arkansas law does not statutorily require landlords to provide advance notice before entering rental properties. However, providing at least 24 hours' notice is strongly recommended as a best practice to respect tenant privacy and avoid disputes. ^[13]

Permitted Reasons for Entry

Landlords may enter the rental premises for the following legitimate purposes:

• Conduct necessary repairs or maintenance***
• Provide agreed-upon services***
• Investigate possible lease violations or criminal activity***
• Show the unit to prospective tenants, buyers, or contractors***

Emergency Access

While Arkansas law does not specifically address emergency entry, landlords are generally permitted to enter without advance notice in genuine emergencies such as fire, flood, gas leak, or other situations threatening immediate harm to persons or property.

Breaking a Lease

Non-Payment of Rent

When rent is five days overdue, the landlord may issue a 3-day notice to quit for non-payment of rent. ^[14] This notice informs the tenant they have three days to vacate the premises. If the tenant does not leave within this timeframe, the landlord may file an eviction lawsuit in district court.

Lease Non-Compliance

If a tenant violates the terms of the lease agreement (other than non-payment of rent), the landlord must provide a 14-day notice to comply or vacate. ^[15] This notice must specify the acts or omissions constituting the violation and state that the lease will terminate in 14 days unless the tenant remedies the breach within that period.

Tenant Maintenance Violations

Tenants have an obligation to maintain their rental units in safe, sanitary condition and to use appliances and facilities reasonably. ^[16] If the tenant fails to address a health or safety issue within 14 days of receiving notice (or immediately in emergency situations), the landlord may either terminate the lease or make the necessary repairs and charge the tenant for the costs. ^[17]

Illegal Lockouts

Arkansas law explicitly prohibits landlords from locking tenants out of their rental units without first obtaining a court order through the formal eviction process. ^[18] Self-help evictions, including changing locks, removing doors, or shutting off utilities to force a tenant to leave, are illegal. Landlords who engage in illegal lockouts may face legal liability including damages and attorney's fees.

Early Lease Termination by Tenant

Arkansas law does not provide specific rules for when a tenant breaks a fixed-term lease and moves out early. Leaving before the lease end date is generally viewed as a lease violation. Upon lease termination due to tenant breach, the landlord is entitled to possession of the property, any unpaid rent, and additional damages resulting from the early termination. The landlord may also recover reasonable attorney's fees if the tenant's breach was not in good faith. ^[19]

Lease Termination

Month-To-Month Tenancies

Abandonment and Unclaimed Property

Arkansas law does not define a specific period of absence after which a rental property is considered abandoned. Landlords and tenants may include abandonment provisions in their lease agreements.

Once a lease terminates, any personal property left behind by the tenant is considered abandoned. ^[21] The landlord may dispose of abandoned property without recourse from the tenant. However, Arkansas law also permits landlords to place a lien on unclaimed property. If the tenant wants to reclaim their belongings, they must pay the lien amount to recover their property. ^[22]

Utility Shutoff and Tenant Responsibilities

Tenants are required to maintain the dwelling unit to ensure the health and safety of occupants, including reasonable use of electrical, plumbing, heating, and air conditioning systems. ^[23] Failure to maintain utilities or allow them to be shut off may constitute a lease violation, potentially leading to termination of the tenancy.

Tenant Obligations

Habitability Standards

Arkansas law establishes implied residential quality standards requiring landlords to provide habitable living conditions. These standards ensure the rental property has:

• A sanitary sewer system and plumbing conforming to applicable building codes***
• Functioning heating and air conditioning systems (to the extent they existed when the lease began)***

Unless the tenant agrees in writing to accept responsibility for renovations or construction, these standards supersede any contrary lease provisions. ^[24]