Arkansas Month-to-Month Rental Agreement
An Arkansas month-to-month lease agreement is a contract that allows landlords and tenants to enter into a flexible tenancy-at-will, which many prefer to a set-in-stone fixed-term rental arrangement.
A month-to-month lease agreement, also known as a rental agreement, is still governed by Arkansas state landlord-tenant laws and requires the same disclosures as a fixed-term lease. However, there are important nuances that landlords and tenants should understand, especially when terminating the agreement.
Read on to learn everything you can about Arkansas month-to-month lease agreements.
Arkansas Month-to-Month Lease Agreement
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Arkansas Month-to-Month Lease Laws
Although a month-to-month lease differs from a fixed-term lease, it still operates under the same regulations. Arkansas landlord-tenant law outlines how rental arrangements operate, and this guide will cover all key aspects, including:
- Mandatory lease disclosures
- How tenants and landlords can terminate a residential month-to-month lease agreement
- Rules around handling and returning security deposits
- Pet rent, pet deposits, and their limitations
- How much (or how often) Arkansas landlords can increase rent
- Late fees and grace period for late rent payments
Required Landlord Disclosures (3)
When landlords and tenants sign a new lease, they must disclose certain information to tenants. For Arkansas, this includes:
- Lead paint: According to federal law, landlords must disclose the presence or knowledge of any lead-based paint or lead-based paint hazards on all properties built before 1978
- Landlord name and address: According to the Arkansas Landlord/Tenant handbook, the landlord must list the name and address of the person responsible for managing the rental property within the lease agreement.
- Move-in checklist: Upon move-in, the landlord must inform the tenant of any known issues with the heating, air conditioning, plumbing, electricity, roof, or drinking water systems (Ark. Code § 18-17-502).
Required Notice to Terminate Month-to-Month Agreement
Since there is no specific end date for an Arkansas month-to-month lease agreement, state law requires landlords and tenants to provide written notice to the other party to terminate the rental contract.
Required notice for the landlord: At least 30 days of written notice.
Required notice for the tenant: At least 30 days of written notice (Ark. Code § 18-17-704).
Rent Increase Laws
Since no laws mandate rent control in Arkansas, landlords can raise the rent any amount they see fit, but there are limitations around when they can do so.
For fixed-term leases, landlords cannot raise the rent until after the lease term expires unless a clause in the lease explicitly allows for it. For Arkansas month-to-month lease agreements, landlords must give tenants at least one month of notice before the rent increase goes into effect.
Rent Payment Laws
Grace period: Arkansas has no mandatory grace period for late rent payments.
Late rent fees: Landlords in Arkansas are allowed to charge a late fee for late rent payments that do not exceed $30 per month or 20% of the monthly rent amount, whichever is greater (Ark. Code §18-16-411).
Tenant’s right to withhold rent: Tenants in Arkansas are not allowed to withhold rent from the landlord for any reason, including when they fail to make necessary repairs (Ark. Code § 18-17-502).
Pet rent laws: Landlords in Arkansas are allowed to charge pet rent, and should include the terms within the lease agreement.
Security Deposit Rules
Maximum security deposit: Landlords can charge tenants up to two months’ rent for the security deposit (Ark. Code § 18-16-304).
Security deposit receipt: Landlords in Arkansas don’t need to issue tenants a security deposit receipt.
Deduction tracking: Arkansas landlords can deduct funds from the security deposit to cover damage repair beyond normal wear and tear, unpaid rent, or other fees but must document all charges and return the remainder (Ark. Code § 18-16-305).
Returning a tenant’s security deposit: Security deposits must be returned within 60 days of the tenant moving out (Ark. Code § 18-16-305).
Pet deposit rules: Landlords can charge a pet deposit, but when combined with the normal security deposit, the total amount cannot exceed two months’ rent (Ark. Code § 18-16-304).
Property Access Regulations
Advance notice: Arkansas does not specify how much time a landlord must give the tenant before entering a rental unit.
Immediate access: Landlords can enter the rental unit in cases of emergency without providing any advance notice.
Landlord harassment: When a landlord repeatedly enters the tenant’s unit without first providing notice, their behavior could be considered a violation of the tenant’s right to privacy. In such cases, tenants might be able to break their lease early without consequence or sue the landlord for breach of privacy because of landlord harassment.
Rental Agreement Violations
Missed rent payment: Once a rent payment is late, landlords in Arkansas can begin a civil eviction lawsuit and provide a 3-day Notice to Quit (Ark. Code § 18-17-901).
Lease violation: If the tenant commits a lease violation, the landlord can issue them a Cure or Quit Notice, allowing them 14 days to remedy the violation (Ark. Code § 18-17-701).
Self-help evictions: Landlords that wish to evict a tenant must do so through the proper channels as self-help evictions are illegal in Arkansas.
Lease abandonment: If a tenant ends their lease early, they could be responsible for paying rent for the remainder of their rental period.
Arkansas Month-to-Month Lease Agreement FAQs
What is an Arkansas month-to-month lease agreement?
An Arkansas month-to-month lease agreement is a flexible rental agreement that establishes a tenancy-at-will and renews automatically at the end of each month.
What’s the difference between a fixed-term lease and a month-to-month agreement?
A fixed-term lease has a specific end date and cannot be terminated prematurely except during specific, legally allowed circumstances. Month-to-month leases automatically renew each month, and landlords or tenants can terminate them at any moment by providing proper notice.
For examples of both types of rental contracts, TurboTenant offers state-specific lease templates to simplify the process for landlords.
How do you end an Arkansas month-to-month lease agreement?
Landlord and tenants can terminate a month-to-month lease agreement by giving the other party at least 30 days of advance written notice.
