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Arkansas Lease Agreements & Landlord-Tenant Law

Investing in Rental Property in Arkansas

Arkansas is a great place to invest in rental property because of the low cost of housing and minimal rental laws and regulations. It is also an ideal location for those looking to relocate because of its affordable living and high quality of life.

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Stay Informed About Arkansas Voting

Laws that impact the rental market, landlords, and tenants are constantly being decided in states. Make sure you know what’s on your ballot – find Arkansas voting information here.

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Arkansas Renters’ Rights and Landlord Responsibilities

  • Security Deposit: Arkansas law limits the security deposit amount to the equivalent of two months of rent. Landlords must return the deposit within 60 days of the tenant moving out.
  • Raising Rent: Landlords in Arkansas may increase the rent to any amount with no notice or justification as long as it is not for discriminatory reasons.
  • Notice of Entry: Arkansas does not require any notice before entering the unit or property.
  • Repairs: Landlords in Arkansas are not required to make repairs unless otherwise specified in their lease agreement.

Arkansas Landlords’ Rights and Tenant Responsibilities

  • Tenants have five days to pay rent after they receive a written notice.
  • Landlords don’t need to wait any time before disposing of abandoned property.
  • Tenants must keep the property clean.

Rental Application Fee

There are no additional rental application fee laws in Arkansas.

Criminal History Check

  • HUD (Federal) laws do not classify criminal backgrounds as a protected class, but making a decision to rent based off a criminal background alone could lead to a discrimination charge as it impacts certain protected groups of people disproportionately.
  • However, if the criminal background check revealed a crime for the manufacture and distribution of drugs, homicide, and/or stalking, denying the application is allowed.
  • Landlords should have a consistent and equal policy or procedure in place to follow regarding criminal background checks so as not to discriminate against one class of people over another.
  • HUD states that a landlord cannot ask about arrest records, only convictions, as innocent people are commonly arrested though the situation may not have resulted in a conviction.
  • Some municipalities may have written their own laws expanding onto what you can and cannot ask regarding criminal backgrounds during the tenant screening process.

Repairs

Agreed-upon repairs must be made by the landlord within 30 days of receiving written notification from the tenant.

Rent Increase

One month’s notice is required before rent increases for month-to-month leases.

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Arkansas Lease Agreement Example

There are three sections to a residential lease agreement. The first section outlines the custom details of the contract, such as who’s involved and for what address. Here’s an example Arkansas lease agreement listing details found in Section 1:

Arkansas Landlord-Tenant Law FAQ

Below are answers to some of the most commonly-asked questions when it comes to landlord-tenant laws in Arkansas:

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Can You Withhold Rent in Arkansas?

You cannot withhold rent in Arkansas.

How Long Does it Take to Evict a Tenant in Arkansas?

Evicting a tenant in Arkansas typically takes anywhere from six to eight weeks, depending on the reason for eviction.

Is Arkansas a Landlord-Friendly State?

Arkansas is considered a very landlord-friendly state because there are very few limiting laws for landlords.

What is the Eviction Process in Arkansas?

There are four reasons a landlord may file for eviction in Arkansas. The four reasons include failure to pay rent, violation of the lease agreement, end of lease term, and illegal activity. Depending on the violation, the landlord must give the tenant notice and anywhere from five to 30 days to cure their violation.

If the tenant fails to cure or move out, then the landlord may file a complaint with the court, which will then be served to the tenant within 20 days. Tenants will then have ten days to file a response, and after a response is received, a hearing will be held.

If the court rules in favor of the landlord, then a writ of possession will be issued within three days. Once the tenant has been served the writ of possession, they will have 24 hours to move out.

How Much Notice Does a Landlord Have to Give a Tenant to Move Out in Arkansas?

Landlords must give tenants a 30-day notice before requiring a month-to-month tenant to move out. For a week-to-week lease, only a seven-day notice is required.

Due Diligence and Arkansas Rental Laws

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TurboTenant has utilized many municipal sources along with official state statutes in order to compile this information to the best of our ability. However, local laws are always in flux, and landlords and tenants alike should be sure to do their due diligence and consult legal help when it’s needed. We hope the following list can serve as a valuable resource and allow you to succeed as a landlord or tenant in Arkansas. Be sure to take proper precautions when it comes to finding the top candidates for your unit by utilizing our online rental application and tenant screening services.

Disclaimer: TurboTenant, Inc does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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