Arkansas Landlord-Tenant Law

(a) Any person who shall rent any dwelling house or other building or any land situated in the State of Arkansas and who shall refuse or fail to pay the rent therefor when due according to contract shall at once forfeit all right to longer occupy the dwelling house or other building or land. (b) If, after ten (10) days' notice in writing shall have been given by the landlord or his agent or attorney to the tenant to vacate the dwelling house or other building or land, the tenant shall willfully refuse to vacate and surrender the possession of the premises to the landlord or his agent or attorney, the tenant shall be guilty of a misdemeanor. Upon conviction before any justice of the peace or other court of competent jurisdiction in the county where the premises are situated, the tenant shall be fined in any sum not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00) for each offense. Each day the tenant shall willfully and unnecessarily hold the dwelling house or other building or land after the expiration of notice to vacate shall constitute a separate offense.

(a) It shall not be lawful for anyone who has leased any lands from one (1) or more persons and sublet any portion thereof to others to take or collect any rent from the subtenant before final settlement with the landlord, without first having obtained from the landlord or his agent and delivered to the subtenant a written direction stating the amount of rent authorized to be collected from the subtenant. (b) Every principal tenant or his agent who without first having paid or settled with the landlord or produced and delivered the written directions, shall collect or attempt to collect any rent from any subtenant shall be deemed guilty of a misdemeanor. Upon conviction, he shall be punished by fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or by imprisonment not exceeding six (6) months, or by both fine and imprisonment.

(a) If any tenant for life or years, or if any other person who may have come into possession of any lands and tenements under, or by, collusion with the tenant, shall willfully hold over after the termination of the term and thirty (30) days' previous notice in writing given, requiring the possession thereof by the person entitled thereto, the person so holding over shall pay to the person so kept out of possession double the yearly rent of the lands or tenements so detained for all the time he shall keep the person entitled thereto out of possession. (b) There shall be no relief in equity against any recovery had at law under subsection (a) of this section.

(a) If any tenant shall give notice in writing of his intention to quit the premises held by him at a time specified in the notice and shall not deliver up the possession thereof at such time, the tenant, his executor or administrator, shall henceforth pay to the landlord, his heirs or assigns, double the rent reserved during all the time the tenant shall so continue in possession of the premises. (b) The double rent may be recovered by a civil action in any court having jurisdiction thereof.

Upon the voluntary or involuntary termination of any lease agreement, all property left in and about the premises by the lessee shall be considered abandoned and may be disposed of by the lessor as the lessor shall see fit without recourse by the lessee. All property placed on the premises by the tenant or lessee is subjected to a lien in favor of the lessor for the payment of all sums agreed to be paid by the lessee.

As used in this subchapter, unless the context otherwise requires: (1) 'Landlord' means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part; (2) 'Dwelling unit' means a structure or the part of the structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household; (3) 'Owner' means one (1) or more persons, jointly or severally, in whom is vested: (A) All or part of the legal title to property; or (B) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term includes a mortgagor in possession; (4) 'Person' means any individual, firm, partnership, corporation, association, or other organization; (5) 'Rent' means all payments to be made to the landlord under the rental agreement; (6) 'Rental agreement' means all written or oral agreements and valid rules and regulations embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; (7) 'Premises' means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant; (8) 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

The transferee, assignee, or other holder of the landlord's interest in the premises at the time of the termination of the tenancy is bound by this subchapter.

(a) This subchapter shall not apply to dwelling units owned by an individual, if the individual, his spouse and minor children, and any and all partnerships, corporations, or other legal entities formed for the purpose of renting dwelling units and of which they are officers, owners, or majority shareholders own, or collectively own, five (5) or fewer dwelling units. (b) This exemption does not apply to units for which management, including rent collection, is performed by third persons for a fee.

A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two (2) months periodic rent.

(a)(1) Within sixty (60) days of termination of the tenancy, property or money held by the landlord as security shall be returned to the tenant. (2) However, the money may be applied to the payment of accrued unpaid rent and any damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant, together with the remainder of the amount due sixty (60) days after termination of the tenancy and delivery of possession by the tenant. (b)(1) The landlord shall be deemed to have complied with subsection (a) of this section by mailing via first class mail the written notice and any payment required to the last known address of the tenant. (2) If the letter containing the payment is returned to the landlord and if the landlord is unable to locate the tenant after reasonable effort, then the payment shall become the property of the landlord one hundred eighty (180) days from the date the payment was mailed.

(a) If the landlord fails to comply with this subchapter, the tenant may recover the property and money due him, together with damages in an amount equal to twice the amount wrongfully withheld, costs, and reasonable attorney's fees. However, the landlord shall be liable only for costs and the sum erroneously withheld if the landlord shows by the preponderance of the evidence that his noncompliance resulted from an error which occurred despite the existence of procedures reasonably designed to avoid such errors or was based on a good faith dispute as to the amount due. (b) This section does not preclude the landlord or tenant from any other relief to which either may be lawfully entitled.

This chapter shall be known and may be cited as the 'Arkansas Residential Landlord-Tenant Act of 2007.'

This chapter shall be liberally construed and applied to promote its underlying purposes and policies. The underlying purposes and policies of this chapter are to simplify, clarify, and modernize the law governing the rental of dwelling units and the rights and obligations of landlords and tenants; and to encourage landlords and tenants to maintain and improve the quality of housing.

Unless displaced by the provisions of this chapter, the principles of law and equity, including law relative to capacity to contract, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, supplement the provisions of this chapter.

This chapter being a general act intended as a unified coverage of its subject matter, no part of this chapter shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.

(a) This chapter applies to, regulates, and determines rights, obligations, and remedies under a rental agreement for a dwelling unit located within this state. (b) This chapter does not apply to: (1) Rental of a unit in a hotel, motel, or similar lodging; (2) Rental of a dwelling unit in a structure operated by an educational institution for use by its students or employees; (3) Rental of a dwelling in a retirement community; (4) Rental of a dwelling unit by a nonprofit to a member of the nonprofit; or (5) Rental of a lot in a mobile home park.

As used in this chapter: (1) 'Building and housing codes' includes any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises or dwelling unit; (2) 'Dwelling unit' means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household; (3) 'Good faith' means honesty in fact in the conduct of the transaction concerned; (4) 'Landlord' means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by § 18-17-401; (5) 'Organization' means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity; (6) 'Owner' means one (1) or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises; (7) 'Person' means any individual, organization, or any other legal or commercial entity; (8) 'Premises' means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant; (9) 'Rent' means all payments to be made to the landlord under the rental agreement; (10) 'Rental agreement' means all agreements, written or oral, and valid rules and regulations adopted pursuant to § 18-17-401 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; (11) 'Security deposit' means money or property given to assure payment of rent or to assure performance by the tenant; (12) 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

(a) A landlord and a tenant may include in a rental agreement any terms and conditions, not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties. (b)(1) In the absence of agreement, rent is payable at the dwelling unit at the beginning of any term of one (1) month or less and otherwise in equal monthly installments at the beginning of each month. (2) Rent shall be uniformly apportionable from day to day. (c) Unless the rental agreement fixes a definite term, the tenancy shall be week to week in case of a tenant who pays weekly rent, and in all other cases month to month.

Section 18-16-301 et seq. shall determine: (1) Whether a security deposit is required under this chapter; and (2) The rights, duties, and remedies of a landlord and tenant concerning a security deposit.

(a) For all lease agreements or rental agreements entered into or renewed after November 1, 2021, there shall be implied in all leases and rental agreements for residential purposes a requirement that a dwelling unit or single-family residence have, both at the time possession is delivered to the tenant and throughout the term of the lease or rental agreement: (1) An available source of hot and cold running water; (2) A functioning heating system capable of maintaining reasonable temperatures; (3) Electrical systems meeting applicable code; (4) A sanitary sewer system and plumbing that conform to applicable building and housing codes. (b) Unless the tenant agrees in writing to accept responsibility to renovate, remodel, or complete construction of the dwelling unit or single-family residence, the provisions of subsection (a) of this section shall supersede any contrary provision of an oral or written lease or rental agreement. (c) A landlord shall be deemed to be in compliance if the landlord supplies the tenant a written form with which to list any defects and the tenant signs the form without noting a defect or fails to return the form within two (2) business days. (d) Remedies: (1)(A) If rent is current and the landlord does not remedy noncompliance within thirty (30) calendar days after receiving written notice, the tenant's sole remedy shall be to terminate the lease or rental agreement without penalty and receive a refund of any recoverable security deposit. (B) A tenant shall not offset or withhold rent for any alleged or actual violation of the implied quality standards. (g) Except as otherwise provided by this chapter, a landlord or tenant shall not agree in a lease or rental agreement to waive or forego any of the rights, duties, or remedies available under this chapter.

A tenant shall: (1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) Keep that part of the premises that the tenant occupies and uses as clean and safe as the condition of the premises permit; (3) Dispose from the dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner; (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits; (5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators in the premises; (6) Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so; and (7) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb the neighbor's peaceful enjoyment of the premises.

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. (b) A landlord may enter the dwelling unit without consent of the tenant in case of emergency. (c) A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least twenty-four (24) hours notice of the landlord's intent to enter and may enter only at reasonable times.

If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to not more than three (3) months periodic rent or twice the actual damages sustained by the tenant, whichever is greater, and reasonable attorney's fees.

(a)(1) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 18-17-601 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice, unless the breach is remedied by the tenant. (2) If the breach is remedied by the tenant before the date specified in the notice, the rental agreement shall not terminate. (b) If rent is unpaid when due and the tenant fails to pay the unpaid rent within five (5) days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement. (c) If the tenant is a defendant or respondent in a domestic abuse case and is subject to a final or temporary order of protection that requires the tenant to vacate the dwelling unit, or if the tenant has been convicted of domestic abuse, the landlord may terminate the rental agreement. (d) Except as provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or § 18-17-601. (e) If the tenant's noncompliance is willful, the landlord may recover reasonable attorney's fees. (f) A rental agreement shall not include any term that limits or restricts the tenant from requesting the assistance of law enforcement or other emergency services.

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven (7) days before the termination date specified in the notice. (b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days before the periodic rental date specified in the notice. (c) If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession, and if the tenant's holdover is willful and not in good faith the landlord may also recover an amount not more than three (3) months periodic rent or twice the actual damages sustained by the landlord, whichever is greater, and reasonable attorney's fees.

(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney's fees. (b) If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the tenant may recover actual damages and reasonable attorney's fees.

(a) A landlord may file an eviction action against a tenant for any of the following: (1) Nonpayment of rent; (2) Noncompliance with the rental agreement; (3) Material noncompliance with § 18-17-601; (4) Conviction of a criminal violation at the premises; (5) Use of the premises for an unlawful purpose. (b) If rent is unpaid when due, the landlord must wait until after the statutory five (5) day grace period before sending a nonpayment notice. Ark. Code § 18-17-701(b).

No person shall enter into or upon any lands, tenements, or other possessions and detain or hold them except where an entry is given by law, and then only in a peaceable manner.

Any person who shall enter into or upon any lands, tenements, or other possessions and detain or hold them without right or claim to title; shall enter by breaking open the doors and windows or other parts of the house, whether any person is in or not; shall threaten to kill, maim, or beat the party in possession or use words and actions as have a natural tendency to excite fear or apprehension of danger; shall put out of doors or carry away the goods of the party in possession; or shall enter peaceably and then turn out by force or frighten by threats or other circumstances of terror the party to yield possession — shall be deemed guilty of a forcible entry and detainer within the meaning of this subchapter.

Every person who shall, willfully and without right, hold over any lands, tenements, or possessions after the determination of the time for which they were demised or let to him; shall peaceably and lawfully obtain possession of any such property and hold it willfully and unlawfully after demand made in writing for the delivery or surrender of possession thereof by the person having the right to possession; or shall fail or refuse to pay the rent therefor when due, and after three (3) days' notice to quit and demand made in writing for the possession thereof by the person entitled thereto, his agent or attorney, shall refuse to quit possession — shall be deemed guilty of an unlawful detainer within the meaning of this subchapter.

(a) When any person to whom any cause of action shall accrue under this subchapter shall file in the office of the clerk of the circuit court of the county in which the offense shall be committed a complaint signed by him, his agent or attorney, specifying the lands, tenements, or other possessions so forcibly entered and detained, or so unlawfully detained over, and by whom and when done, and shall also file the affidavit of himself or some other credible person for him, stating that the plaintiff is lawfully entitled to the possession of the lands, tenements, or other possessions mentioned in the complaint and that the defendant forcibly entered upon and detained them or unlawfully detains them after lawful demand, the clerk of the court shall thereupon issue a summons upon the complaint. (b) If, within five (5) days, excluding Sundays and legal holidays, following service of the summons, complaint, and notice, the defendant has not filed a written objection to the claim for possession, the clerk of the circuit court shall immediately issue a writ of possession directed to the sheriff commanding him to cause the possession of the property described in the complaint to be delivered to the plaintiff without delay.

(a) If upon the trial of any action brought under this subchapter the finding or verdict is for the plaintiff, the court or jury trying it shall assess the amount to be recovered by the plaintiff for the rent due and agreed upon at the time of the commencement of the action and up to the time of rendering judgment or, in the absence of an agreement, the fair rental value. (b) In addition thereto in all cases the court shall assess the following as liquidated damages: (1) Where the property sought to be recovered is used for residential purposes only, the plaintiff shall receive an amount equal to the rental value for each month, or portion thereof, that the defendant has forcibly entered and detained or unlawfully detained the property; and (2) Where the property sought to be recovered is used for commercial or mixed residential and commercial purposes, the plaintiff shall receive liquidated damages at the rate of three (3) times the rental value per month for the time that the defendant has unlawfully detained the property.

(a) Upon receipt of a writ of possession from the clerk of the circuit court, the sheriff shall immediately proceed to execute the writ by ejecting from the property described in the writ the defendant or defendants and any other person or persons who shall have received or entered into the possession of the property after the issuance of the writ, and thereupon notify the plaintiff that the property has been vacated. (c)(1) If, at the expiration of twenty-four (24) hours from the service of the writ of possession, the defendants remain in possession, the sheriff shall notify the plaintiff or his attorney and shall be provided with all labor and assistance required in removing the possessions and belongings of the defendants from the affected property to a place of storage in a public warehouse or in some other reasonably safe place of storage.