AR
Arkansas Landlord-Tenant Laws
Security Deposit Limits
Ark. Code
✅ Key Requirements
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- Maximum 2 months' rent for landlords with 6+ units or using property managers
- No limit for landlords with 5 or fewer units who self-manage
- Pet deposits and fees count toward the 2-month limit
- No interest required on deposits
- No requirement to hold deposits in separate account
Security Deposit Return Timeline
Ark. Code
✅ Key Requirements
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- 60 days after termination of tenancy and delivery of possession
- Must provide itemized written notice if withholding any amount
- Landlord deemed compliant by mailing via first class mail to last known address
- If mail returned and tenant can't be located after reasonable effort, deposit becomes landlord's property after 180 days
- No interest required on returned deposits
Permitted Security Deposit Deductions
Ark. Code
✅ Key Requirements
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- May deduct for accrued unpaid rent
- May deduct for damages from tenant's noncompliance with rental agreement
- Must be itemized in written notice
- Cannot deduct for normal wear and tear
- No requirement to provide receipts or invoices (only itemized list)
Penalties for Wrongful Withholding
Ark. Code
✅ Key Requirements
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- Tenant may recover property and money owed
- Tenant entitled to 2x damages (double the amount wrongfully withheld)
- Tenant may recover reasonable attorney fees
- Penalty applies for failing to return deposit within 60 days or violating deposit laws
3-Day Notice for Nonpayment (Civil Eviction)
Ark. Code
✅ Key Requirements
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- Rent must be 5 days late before landlord can begin eviction
- Landlord gives unconditional 3-day notice to quit (no opportunity to cure)
- Tenant must vacate within 3 days
- If tenant doesn't leave, landlord files unlawful detainer suit
- This is the civil eviction method (more common than criminal)
10-Day Notice for Nonpayment (Criminal Eviction)
Ark. Code
✅ Key Requirements
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- Alternative to civil eviction process
- 10-day written notice to vacate required
- Failure to vacate is criminal misdemeanor
- Tenant can be fined up to $25/day after notice expires
- Unique to Arkansas (criminal eviction for nonpayment)
- +1 more requirements
Mandatory 5-Day Grace Period for Rent
Ark. Code
✅ Key Requirements
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- Landlord must wait 5 full days after rent due date before beginning eviction
- Statutory grace period (applies even if lease says rent due immediately)
- Landlord cannot charge late fees or begin eviction until 5 days have passed
- After 5 days, landlord may begin eviction process
- Grace period is mandatory by law
14-Day Notice for Lease Violations
Ark. Code
✅ Key Requirements
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- 14 business days to cure violation
- Notice must specify acts/omissions constituting breach
- Applies to material breaches or health/safety violations
- If not remedied in 14 days, lease terminates
- Landlord may then file unlawful detainer suit
Immediate Eviction for Criminal Activity
Ark. Code
✅ Key Requirements
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- No notice or cure period required
- Immediate eviction for: nuisance, illegal gambling, prostitution, drug dealing, illegal alcohol sales
- Landlord may file unlawful detainer immediately
- Applies to serious criminal violations
- Tenant has no opportunity to remedy
Unlawful Detainer (Eviction Lawsuit) Process
Ark. Code
✅ Key Requirements
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- Filed in district or circuit court after proper notice period expires
- Court issues Notice of Intention to Issue Writ of Possession
- Tenant must answer within 5 days (civil) or 10 days (criminal nonpayment)
- If no answer filed, court issues writ of possession by default
- Hearing scheduled if tenant files timely answer
- +1 more requirements
Writ of Possession and Tenant Removal
Ark. Code
✅ Key Requirements
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- Issued after default judgment or landlord victory at hearing
- Sheriff enforces writ to physically remove tenant
- Landlord regains possession of property
- Tenant may appeal within 5 days but must post appeal bond
Abandoned Property After Eviction
Ark. Code
✅ Key Requirements
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- Property left after eviction or lease termination is immediately considered abandoned
- Landlord may dispose of it immediately
- No notice to tenant required
- No holding period required
- Very landlord-friendly (most states require notice and holding periods)
Implied Residential Quality Standards (Added 2021)
Ark. Code
✅ Key Requirements
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- Applies to leases entered/renewed after November 1, 2021
- Hot and cold running water required
- Effective heating and cooling systems required
- Sanitary sewer and plumbing required
- Weathertight roof and walls required
- +3 more requirements
Landlord's Limited Maintenance Obligations
Ark. Code
✅ Key Requirements
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- Must meet minimum quality standards under § 18-17-502 (effective Nov 2021)
- Otherwise, repairs only required if specified in lease
- No general warranty of habitability
- Very landlord-friendly state
- Landlord essentially immune from most liability
- +1 more requirements
Tenant's Maintenance and Conduct Obligations
Ark. Code
✅ Key Requirements
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- Comply with applicable housing codes
- Keep premises safe and clean
- Properly dispose of garbage
- Use all facilities reasonably
- Not damage or waste property
- +3 more requirements
Tenant's Limited Remedies for Noncompliance
Ark. Code
✅ Key Requirements
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- Tenant must give written notice of noncompliance with quality standards
- Landlord has 30 days to remedy
- If not remedied, tenant may terminate lease and get security deposit back
- Tenant CANNOT withhold rent (expressly prohibited)
- Tenant CANNOT repair and deduct (expressly prohibited)
- +1 more requirements
Landlord Right of Entry
Ark. Code
✅ Key Requirements
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- Tenant may not unreasonably withhold consent to entry
- Valid reasons: inspections, repairs, services, showings
- No specific advance notice requirement in statute
- Reasonableness standard applies
- Frequent or odd-hour entries may constitute harassment/constructive eviction
Landlord Harassment and Constructive Eviction
Ark. Code
✅ Key Requirements
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- No specific statute, but constructive eviction doctrine applies
- Illegal acts: lockouts, utility shutoffs, changing locks, removing essential services
- Frequent or odd-hour entries may constitute harassment
- If landlord makes premises uninhabitable, tenant may break lease without penalty
- Tenant may sue for damages
Prohibition on Self-Help Eviction
Ark. Code
✅ Key Requirements
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- Self-help evictions illegal (lockouts, utility shutoffs, etc.)
- Landlord must use unlawful detainer court process
- Sheriff executes writ of possession
- Tenant may sue for damages if illegally evicted
- Court determines damages case-by-case
Termination of Month-to-Month Tenancies
Ark. Code
✅ Key Requirements
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- Month-to-month: 30 days' written notice required
- Week-to-week: 7 days' written notice required
- Either party may terminate
- No cause required
- Notice must be in writing
Holdover Tenant After Lease Expiration
Ark. Code
✅ Key Requirements
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- Holdover without consent: landlord may file unlawful detainer
- With landlord consent: month-to-month tenancy created
- Landlord must make clear whether consent given
- Acceptance of rent may constitute consent
Protections for Domestic Violence Victims
Ark. Code
✅ Key Requirements
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- Cannot terminate, refuse to renew, or refuse to rent to DV victims
- Must change/re-key locks upon request (at tenant's expense)
- Landlord entitled to verify DV claim
- Protection from retaliation for reporting DV
Limited Retaliation Protections
Ark. Code
✅ Key Requirements
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- Specific protection against retaliation for lead hazard complaints
- Very limited general anti-retaliation protections
- Landlord cannot evict in retaliation for lead complaint
- Most other forms of retaliation not explicitly prohibited by statute
Lead-Based Paint Disclosure Requirements
Federal & Ark. Code
✅ Key Requirements
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- Required for housing built before 1978
- Must disclose known lead-based paint hazards
- Must provide EPA pamphlet on lead hazards
- Must attach disclosure to written lease
- Federal requirement enforced in Arkansas
Rental Agreement Requirements
Ark. Code
✅ Key Requirements
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- Rent due at beginning of month unless otherwise specified
- Rent payable at dwelling unit unless otherwise specified
- Parties may include any terms not prohibited by law
- Very few restrictions on lease terms (landlord-friendly)
- Written leases recommended but not required