A summary of Arkansas Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Security Deposit Limit
A landlord may charge a tenant the equivalent of two months’ rent for the security deposit.
Deadline for Returning Security Deposit
A landlord must return the tenant’s security deposit with an itemized statement of deductions within 60 days after the tenant has moved out.
Arkansas security deposit law does not apply to landlords who own five or fewer rental units, unless these units are managed by a third party for a fee. Arkansas security deposit law also does not apply to employees of the landlord, such as a manager, whose right to occupancy is conditioned upon employment in and about the premises.
Small Claims Lawsuits
Landlord-Tenant disputes can be filed in small claims court up to a dollar amount of $5,000.
Late Fees
Arkansas state law does not cover late rent fees. If the lease does not say anything about late fees, there can be no charge.
Increasing Rent
Arkansas does not have a state statute on the amount of notice the landlord must provide tenants in order to increase the rent or change other terms of a month-to-month rental agreement. Unless your agreement specifies otherwise, the landlord must typically provide the same amount of notice to change the rent or another term of the tenancy as state law requires the landlord to provide when ending the tenancy—in this case, 10 days. Longer term leases may not be increased until the lease ends and a new tenancy begins—unless the lease itself provides for an increase.
Termination and Eviction
A three day unconditional quit notice to vacate or face eviction may be used for nonpayment of rent (after 10 days’ notice, tenant may be prosecuted for a misdemeanor and, if convicted, fined $25 per day). Engaging in (or allowing others to engage in) illegal gambling, prostitution, or the unlawful sale of alcohol (tenant has five days to file an answer in court, and may defend at a court hearing).
A conditional quit notice may be used, but unconditional notices are permitted if the landlord wishes to force a termination without a chance to correct the problem.
Domestic Violence
Court may exclude “abusing party” from dwelling that the parties share.
Arkansas Lease Agreement
See Arkansas Residential Lease.
Arkansas Landlord-Tenant Law Statutes
Arkansas Code Ann. §§ 18-16-101 to 18-16-306; 18-16-501 to 18-16-509; 18-17-101 to 18-17-913