Owning rental property in Arkansas comes with legal obligations that can make or break your investment. A single misstep with security deposits, eviction procedures, or fair housing compliance can result in costly lawsuits and damaged landlord-tenant relationships. Arkansas landlord-tenant legislation stands out from that of its neighboring states, with distinct rules that property owners often overlook. A key example is the state’s formerly controversial criminal eviction statutes, which have since been repealed. Understanding these renter laws protects your investment and keeps you on the right side of the law. Whether you manage one rental unit or an entire portfolio, knowing your responsibilities helps you avoid disputes, maintain positive tenant relationships, and protect your bottom line. This guide covers the essential regulations Arkansas property owners must follow.
Essential Lease Agreement and Security Deposit Regulations
Arkansas law provides specific guidelines for handling security deposits and structuring lease agreements. Getting these fundamentals right from the start prevents disputes down the road.
Security Deposit Limits and Return Timelines
Arkansas places a statutory limit of two months’ rent on security deposit amounts under Arkansas Code § 18-16-304 for landlords who own more than five units, giving landlords flexibility within that cap based on property value and risk assessment. Most landlords collect one to two months’ rent as standard practice. The critical deadline comes at move-out: you must return the deposit within 60 days after the tenant vacates and provides a forwarding address. Missing this deadline can expose you to legal liability, even if you have legitimate deductions.
Allowable Deductions for Damages and Unpaid Rent
You may deduct from security deposits for unpaid rent, damages beyond normal wear and tear, and costs to restore the property to its original condition. Normal wear includes minor scuffs on walls, carpet wear patterns, and small nail holes. Deductions require documentation, so conduct thorough move-in and move-out inspections with photographs. Provide tenants with an itemized statement of deductions along with any remaining deposit balance.
Mandatory Disclosures in Arkansas Lease Contracts
Arkansas requires landlords to disclose lead-based paint hazards in properties built before 1978, per federal law. Beyond this, state law requires disclosure of the landlord’s name and address for the purpose of receiving notices. Smart landlords also include information about utility responsibilities, pet policies, and maintenance procedures to prevent misunderstandings.
The Implied Warranty of Habitability and Maintenance Standards
Arkansas does not recognize a broad implied warranty of habitability in residential leases. Instead, under the 2021 Arkansas Residential Landlord-Tenant Act amendments (Ark. Code § 18-17-502), landlords must ensure premises are fit for human habitation by maintaining essential services and complying with minimal statutory habitability standards.
Landlord Obligations for Essential Services
Your legal duty includes providing functioning plumbing, electrical systems, heating, and structural integrity. The property must comply with local building and housing codes. Roofs cannot leak, windows must close properly, and pest infestations require prompt attention. Failing to maintain these standards limits tenants’ legal remedies and can complicate eviction proceedings if disputes arise.
Tenant Rights Regarding Repairs and Deductions
When landlords fail to make necessary repairs after proper notice, tenants have limited self-help options under Arkansas law. Unlike some states, Arkansas does not have a strong “repair and deduct” statute. Tenants may pursue remedies through small claims court or, in severe cases, argue constructive eviction. This makes prompt response to maintenance requests both a legal obligation and a practical strategy for avoiding complications.
Arkansas Eviction Laws and Legal Procedures
Property owners in Arkansas must be familiar with the state’s eviction process. It is important to note that the criminal “failure to vacate” eviction statute is no longer in effect; it was repealed by the legislature and ruled unconstitutional in practice by the courts.
Civil Eviction vs. Criminal Eviction (Failure to Vacate)
The traditional unlawful detainer process through the circuit court is now the exclusive method for civil eviction. The previous criminal eviction process, commonly referred to as “failure to vacate” under Arkansas Code 18-16-101, is no longer in effect, as that statute has been repealed. Landlords must now rely exclusively on civil eviction proceedings for tenant removal.
Notice Requirements for Non-Payment and Lease Violations
For non-payment of rent, Arkansas requires landlords to provide tenants with a written demand for rent before filing an eviction. The notice period depends on your lease terms, as Arkansas law does not mandate a specific cure period for non-payment. For lease violations, a 14-day notice to cure or vacate is standard practice. Month-to-month tenancies require 30 days’ notice to terminate without cause.
Prohibited Self-Help Eviction Tactics
Arkansas law prohibits landlords from taking matters into their own hands through illegal self-help measures. You cannot change locks, remove doors or windows, shut off utilities, or remove tenant belongings to force a tenant out. These actions expose you to significant liability, including potential damages and attorney fees. Always use proper legal channels, even when dealing with difficult tenants.
Property Access and Tenant Privacy Rights
Balancing your need to access the property with tenant privacy rights requires understanding Arkansas’s approach to landlord entry.
Notice Guidelines for Inspections and Repairs
Arkansas law does not specify exact notice requirements for landlord entry, unlike many states that require 24 or 48 hours’ notice. Best practice dictates providing reasonable advance notice, typically 24 hours, for non-emergency access. Include entry provisions in your lease agreement to establish clear expectations. This protects both parties and reduces friction during routine inspections or showing the property to prospective tenants.
Emergency Entry Exceptions
Emergencies permit immediate entry without notice. Water leaks, gas leaks, fires, and other situations threatening property or safety justify immediate access. Document emergency entries thoroughly, including the nature of the emergency and actions taken. This documentation protects you if tenants later dispute the entry’s legitimacy.
Fair Housing Compliance and Discrimination Prevention
Fair housing violations carry severe penalties, making compliance a top priority for Arkansas property owners.
Protected Classes Under State and Federal Law
In Arkansas, property owners must adhere to federal fair housing laws, which prohibit discrimination based on race, color, national origin, religion, sex, familial status, and disability. The state of Arkansas does not currently extend protection to any additional classes beyond these federal categories. You cannot refuse to rent, set different terms, or treat tenants differently based on protected characteristics. This applies to advertising, screening, lease terms, and property rules. Train anyone involved in tenant interactions on these requirements.
Reasonable Accommodations for Tenants with Disabilities
Landlords must provide reasonable accommodations for tenants with disabilities, including modifications to rules, policies, or practices. Service animals and emotional support animals require accommodation regardless of pet policies. Physical modifications, such as grab bars or ramps, may be permitted at the tenant’s expense. Engage in an interactive process when tenants request accommodations rather than issuing blanket denials.
Managing Abandoned Property and Move-Out Protocols
In Arkansas, property owners must comply with specific laws regarding tenants’ abandoned personal belongings. If a tenant moves out or is evicted, landlords may dispose of items left behind after following reasonable procedures. It is essential to photograph all remaining property. Under Ark. Code § 18-16-108, the landlord must keep the property for 7 days after providing written notice before disposing of it, unless the lease agreement provides a different procedure. To minimize potential disputes over the condition of the property and abandoned items, the lease should clearly define the move-out procedures.
Frequently Asked Questions
How long do I have to return a security deposit in Arkansas?
You have 60 days from the date the tenant vacates and provides a forwarding address to either return the security deposit or provide an itemized statement of deductions.
Can I evict a tenant without going to court in Arkansas?
No. Self-help evictions are illegal. You must follow proper legal procedures through civil unlawful detainer actions only, as the criminal “failure to vacate” process has been repealed.
What repairs am I legally required to make as an Arkansas landlord?
You must maintain the property in habitable condition as defined under Ark. Code § 18-17-502, which includes safe plumbing, electrical, heating systems, and basic structural soundness. The property must meet local building codes.
How much notice must I give before entering a rental property?
Arkansas law does not specify exact notice requirements, but a reasonable 24-hour notice is standard practice for non-emergency access. Include specific provisions in your lease.
What happens if a tenant refuses to leave after their lease ends?
You may pursue civil eviction through unlawful detainer proceedings. Criminal charges for failure to vacate are no longer available following the 2025 repeal of Ark. Code § 18-16-101.
Moving Forward with Confidence
Managing rental properties in Arkansas requires attention to legal requirements, including security deposits and fair housing compliance. Property owners who understand these regulations avoid costly mistakes and build better tenant relationships. If you own rental property that has become more burden than a benefit, Arkansas Property Buyers offers a straightforward solution. They purchase properties as-is for cash, eliminating the headaches of difficult tenants, repairs, and ongoing management responsibilities. Get a fair cash offer within 24 hours and move forward without the stress.