Arkansas Standard Residential Lease Agreement

A Comprehensive Guide to Arkansas Landlord-Tenant Law

Introduction

An Arkansas standard residential lease agreement is a legally binding contract that establishes the terms and conditions under which a tenant may occupy a residential property in exchange for monthly rent payments. This agreement outlines the rights and responsibilities of both the landlord and tenant, covering essential matters such as rent amount, payment due dates, security deposits, property maintenance, lease duration, and termination procedures.

Arkansas residential tenancies are governed primarily by two statutory frameworks: the Arkansas Landlord and Tenant Act (A.C.A. Title 18, Chapter 16) and the Arkansas Residential Landlord-Tenant Act of 2007 (A.C.A. Title 18, Chapter 17). ^[1] These laws establish minimum standards for rental agreements and protect the rights of both parties.

Governing Law

Arkansas residential lease agreements are subject to the following primary legal authorities:

*Arkansas Landlord and Tenant Act - A.C.A. Title 18, Subtitle 2, Chapter 16 governs security deposits, including maximum amounts and return requirements. *^[2]

*Arkansas Residential Landlord-Tenant Act of 2007 - A.C.A. Title 18, Subtitle 2, Chapter 17 establishes landlord obligations, tenant remedies, and eviction procedures. *^[3]

*Federal Fair Housing Act - Title VIII of the Civil Rights Act of 1968 prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. *^[4]

*Lead-Based Paint Disclosure Requirements - 42 U.S.C. Section 4852d requires landlords to disclose known lead-based paint hazards in housing built before 1978. *^[5]

Required Disclosures

Arkansas law requires landlords to provide certain disclosures to tenants before or at the commencement of the lease:

1. Lead-Based Paint Disclosure

For residential dwellings constructed prior to 1978, federal law requires landlords to provide tenants with a lead-based paint disclosure form and the EPA pamphlet "Protect Your Family From Lead in Your Home." The landlord must disclose any known lead-based paint or lead-based paint hazards in the property and provide any available records or reports. ^[5]

2. Landlord's Name and Address

The lease agreement must include the names and addresses of all parties to the agreement. This ensures tenants know who to contact for repairs, rent payments, and other lease-related matters. ^[6]

3. Move-In Inspection Form

For leases entered into or renewed after November 1, 2021, the landlord must provide a written form at the time possession is available for the tenant to document any defects related to the property's habitability standards. These include issues with hot and cold running water, electricity, potable drinking water, sanitary sewer systems, plumbing, roof and building envelope, and heating and air conditioning systems. ^[7]

Security Deposit Laws

Maximum Amount

Under A.C.A. Section 18-16-304, a landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two (2) months' periodic rent. ^[8]

Return of Security Deposit

Within sixty (60) days of termination of the tenancy, the landlord must return the security deposit to the tenant. The landlord may apply the deposit to unpaid rent and damages caused by the tenant's noncompliance with the rental agreement, provided an itemized written notice is delivered to the tenant. ^[9]

Itemized Deductions

The landlord is deemed to have complied with the return requirement by mailing the written notice and any payment due via first-class mail to the tenant's last known address. ^[9]

Unclaimed Deposits

If the letter containing the payment is returned to the landlord and the landlord is unable to locate the tenant after reasonable effort, the deposit becomes the landlord's property one hundred eighty (180) days from the date the payment was mailed. ^[9]

Rent Payment Laws

Grace Period

Arkansas law does not establish a mandatory grace period for rent payments. Rent is due on the date specified in the lease agreement. However, under A.C.A. Section 18-17-701(b), a landlord may not terminate the rental agreement for non-payment until five (5) days after the rent due date. This is not a grace period that protects tenants from late fees - it only limits when eviction proceedings may begin. ^[10]

Late Fees

Arkansas state law does not specify limits on late fees. Landlords may charge reasonable late fees as specified in the lease agreement. The lease should clearly state the late fee amount and when it applies.

NSF (Bounced Check) Fee

If a tenant's rent check is returned for insufficient funds, the landlord may charge a service fee not to exceed thirty dollars ($30.00), plus the amount of any fees charged to the holder of the check by a financial institution as a result of the check not being honored. ^[11]

Implied Habitability Standards

For lease agreements entered into or renewed after November 1, 2021, Arkansas law implies certain habitability standards that the dwelling must meet both at the time of possession and throughout the tenancy. The property must have:

An available source of hot and cold running water

An available source of electricity

A source of potable drinking water

A sanitary sewer system and plumbing that conform to applicable building codes

A functioning roof and building envelope

A functioning heating and air conditioning system (if present at lease commencement)

Source: A.C.A. Section 18-17-502 ^[7]

Tenant Remedies for Habitability Violations

If a dwelling does not comply with the implied habitability standards, tenants have specific remedies under Arkansas law:

1. The tenant must deliver written notice of the noncompliance to the landlord by certified mail, specifying the defects.
2. The landlord has 30 calendar days to remedy the noncompliance after receiving notice.
3. If the landlord fails to remedy the issue, the tenant's sole remedy is to terminate the lease without penalty and receive a refund of the security deposit.

Important Limitation: Arkansas law explicitly states that tenants may NOT withhold or offset rent for habitability violations. The tenant must be current on rent payments to exercise the termination remedy. ^[7]

Eviction Procedures

Under A.C.A. Section 18-17-901, a landlord may commence eviction proceedings in district court when: ^[12]

Grounds for Eviction:

*Non-Payment of Rent: If rent is unpaid when due and the tenant fails to pay within five (5) days from the date due, the landlord may terminate the rental agreement. *^[10]

End of Term: When the term of tenancy or occupancy has ended and the tenant remains in possession.

Lease Violations: When the terms or conditions of the rental agreement have been violated.

Notice Requirements for Lease Violations:

For noncompliance other than non-payment of rent, the landlord must deliver a written notice specifying the acts or omissions and stating that the rental agreement will terminate on a date not less than fourteen (14) days after receipt of the notice, unless the tenant remedies the noncompliance within that period. ^[10]

Fair Housing Protections

Both federal and Arkansas state law prohibit discrimination in housing. The Arkansas Fair Housing Act is substantially equivalent to the Federal Fair Housing Act. ^[13]

Protected Classes:

Race

Color

National origin

Religion

Sex (including gender identity and sexual orientation)

Familial status (families with children under 18, pregnant women)

Disability (handicap)

Landlords cannot refuse to rent, charge different fees, or impose different terms based on a tenant's membership in a protected class. The Arkansas Fair Housing Commission enforces these protections. ^[13]

Landlord Entry and Tenant Privacy

Arkansas law does not specify a required notice period for landlord entry or mandate written notice. However, the standard industry practice is to provide at least 24 hours' notice before entering a rental property for non-emergency purposes.

Recommendation: Since state law is silent on this matter, parties should specify entry notice requirements in the lease agreement. Common provisions include requiring 24-48 hours' notice except in emergencies, limiting entry to reasonable hours, and specifying valid reasons for entry (repairs, inspections, showings).

Lease Termination

Fixed-Term Leases:

A fixed-term lease (such as a one-year lease) automatically terminates at the end of the specified term. If the tenant remains in possession with the landlord's consent after expiration, the tenancy typically converts to a month-to-month arrangement under the same terms.

Month-to-Month Tenancies:

For month-to-month tenancies, either party may terminate by providing 30 days' written notice before the next rental period begins.

Attorney's Fees

Under A.C.A. Section 18-17-701(c), if a tenant's noncompliance with the rental agreement is willful (other than non-payment of rent), the landlord may recover reasonable attorney's fees. Additionally, if the tenant's non-payment of rent is not in good faith, the landlord is entitled to reasonable attorney's fees. In both cases, the landlord must be represented by an attorney to recover fees. ^[10]

Rent Control

Arkansas has no statewide rent control laws. Landlords may set rent at any amount the market will bear and may increase rent with proper notice (typically 30 days for month-to-month tenancies). There are no state limitations on the amount or frequency of rent increases for private residential properties.