Under Arkansas law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under Arkansas Code Title 18 Chapters 16 & 17, such as the right to timely rent payments and a livable dwelling.Note: These rights cannot be waived regardless of what the rental agreement says.
Arkansas landlords can provide housing “as-is,” and are not generally responsible for making repairs unless specified in the rental agreement. Arkansas is one of the few states that does not have a warranty of habitability by default for rental property. This means landlords have no basic obligation to keep rental property up to a habitable condition. There are minimum federal standards for public and Section 8 housing in Arkansas, but these requirements do not apply to private rental residences. However, certain leases made after October 2021 do enjoy some habitability rights unless the tenant agrees otherwise in writing. Read more
Landlords are required to make agreed-upon repairs in a timely manner. In Arkansas, repairs must be made within 30 days after getting written notice from tenants via certified mail (or other method agreed in the lease). If repairs aren’t made in a timely manner, Arkansas tenants can cancel the rental agreement. They aren’t allowed to withhold rent, even when the landlord fails to make legally required repairs. Read more
Arkansas tenants have very few housing rights under Arkansas law. Tenants are assumed responsible for making any repairs or maintenance on the unit. Tenants cannot withhold rent or make repairs and deduct the cost from future rent payments.
Arkansas landlords have broad authority to evict tenants. The most common reasons for eviction include:
Failing to abide by an eviction notice can incur a criminal charge in Arkansas.
Arkansas is one of the few states where landlords are legally allowed to retaliate against tenants, for almost any reason, even for reporting the landlord’s violation of a local housing standard. The only exception is for reporting lead-based paint hazards.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Notice Requirement: Tenants must provide written notice if they wish to break a lease in Arkansas.
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination. Arkansas tenants may legally break a lease for the following reasons:
If a tenant breaks a lease for any reason not listed above, they will have to continue paying rent for the remainder of the lease period. Arkansas landlords are under no obligation to re-rent a unit.
If an Arkansas tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are not legally required to make a reasonable effort to re-rent the unit.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Arkansas does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Arkansas does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Before increasing the rent, landlords must give 7 days’ notice to week-to-week tenants and 1 month’s notice to month-to-month tenants.
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. This law does not apply to some owner-occupied homes or homes operated by religious organizations. Arkansas does not extend extra protections to any groups not outlined in the Federal Fair Housing Act.
Discriminatory Acts & Penalties: The Attorney General of Arkansas is responsible for enforcing housing discrimination law. The following actions may be considered discriminatory when directed at a member of a protected class.
Arkansas does not define standard penalties for discrimination.
In addition to having laws that address general issues like repairs and security deposits, most states, including Arkansas, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Arkansas landlords have the right to enter a rental property for inspections, maintenance, and property showings. The law does not specify how much notice landlords must give before entering a property, but reasonable advance notice (often at least 24 hours) is usually necessary.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. Arkansas Small Claims Court is a division of District Court. The process takes approximately one to two months.
Arkansas landlords are obligated to make only one mandatory disclosure:
Landlords are obligated to honor a request to change the locks in cases of domestic abuse or sexual assault against one or more tenants. Both parties must be presented with a new copy of keys.
When an Arkansas landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. Most areas have dedicated inspections departments which enforce code compliance. Renters can request an inspection from such local authorities as evidence that the landlord has provided substandard housing.
Many cities in Arkansas have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
The City of Little Rock provides a more in-depth housing code. Landlords and tenants should review the local ordinances when renting in Little Rock.
Check your local county and municipal laws for additional landlord-tenant regulations.
Can a Tenant Change the Locks in Arkansas? Arkansas tenants are specifically prohibited by law from changing their own locks without the landlord's permission. They can require the landlord to do a lock change after becoming a victim of sexual assault or domestic abuse. Read more » What Are a Tenant’s Rights in Arkansas? Tenants have very few housing rights in Arkansas. They have a general right to enjoy a rented property without unreasonable interference from the landlord. Although tenants have a right to call a health or safety inspector when their unit is not up to code, Arkansas is one of the few states where the landlord generally can retaliate against such actions by raising the rent or filing an eviction. Read more » Is Arkansas a “Landlord Friendly” State? Arkansas is one of the most landlord-friendly states. A relatively new law gives a few protections to renters in rental agreements started after November 1, 2021, but in general landlords have almost complete freedom to set prices and terms for rental property. Read more » Can a Landlord Enter Without Permission in Arkansas? Arkansas landlords are not allowed to enter a rental property without permission, even in emergency situations. However, tenants are liable if they refuse a landlord's request to enter in a reasonable time and manner for a valid purpose. Read more »
