Key Takeaways
- Arkansas rental rules are spread across the Arkansas Residential Landlord-Tenant Act and several other statutes.
- For landlords covered by Arkansas’s security-deposit statute, deposits are capped at two months’ rent and generally must be accounted for within 60 days after the tenancy ends and possession is returned.
- Residential leases entered into or renewed after November 1, 2021, are subject to Arkansas’s implied residential quality standards, with limited statutory exceptions.
- Managing rental property for others for compensation generally requires an Arkansas real estate license.
Arkansas landlord-tenant laws are governed primarily by the Arkansas Residential Landlord-Tenant Act and several other statutes, so owners cannot rely on rules from other states when handling leases, deposits, notices, property management, or disputes.
Arkansas law gives landlords significant flexibility, but it also sets specific requirements, including a two-month cap on security deposits for covered landlords, deadlines for deposit accounting, implied residential quality standards for many leases entered into or renewed after November 1, 2021, and licensing rules for managing rental property for others for compensation.
For property owners and landlords in Arkansas, especially those managing residential rentals in Little Rock, North Little Rock, Sherwood, and across Pulaski County, understanding these rules helps protect your rights, define your responsibilities to tenants, and reduce compliance problems before they turn into claims or vacancies.
Real Property Management Signature works with owners in Little Rock, North Little Rock, Sherwood, and across Pulaski County.
Below is a practical overview of the Arkansas rental laws owners should know, including landlord and tenant duties, lease requirements, security deposit rules, habitability standards, property manager licensing, and the federal laws that can still apply, such as fair housing and service member protections. This is general information, not legal advice.
Contact Our Property Management Team!
What the Arkansas Residential Landlord-Tenant Act Covers
The Arkansas Residential Landlord-Tenant Act governs residential rental agreements, including landlord and tenant responsibilities, notices, and available remedies.
It doesn’t stand alone. Security deposits fall under separate Arkansas statutes in the Arkansas Code, while other statutes govern issues such as failure to vacate a rental property.
Federal laws, including the Fair Housing Act, also apply.
How Arkansas Rental Laws Differ From Other States
Several Arkansas rental laws may surprise owners accustomed to other markets:
- Habitability: Arkansas historically had no implied warranty of habitability. Residential leases entered into or renewed after November 1, 2021, are subject to certain implied residential quality standards.
- Security deposits: For landlords covered by Arkansas’s security-deposit statute, deposits can generally be up to two months’ rent.
- Licensing: Managing rental property for others for compensation generally requires an Arkansas real estate license.
- Failure to vacate: Arkansas is the only state with this unusual setup, allowing both criminal eviction through failure to vacate and civil eviction through unlawful detainer. For nonpayment, failure to vacate generally requires 10 days written notice and can expose a tenant to fines of $1 to $25 per day, while unlawful detainer generally requires 3 days’ written notice to vacate.
These differences make it important to use lease documents designed for Arkansas rather than relying on forms from another state.
Lease Requirements Owners Should Get Right
Put the Agreement in Writing
Arkansas recognizes both oral and written leases, and not every residential lease or rental agreement has to be on paper. However, a lease longer than one year generally needs to be in writing to be enforceable under the state’s statute of frauds.
Even for shorter tenancies, a written lease agreement makes rent, deposits, pet policies, maintenance responsibilities, and other terms easier to establish.
Compared with oral arrangements, written leases usually provide clearer rights and duties in the lease agreement, especially for repairs, fees, and notice terms; in most lease agreements, those details are spelled out more clearly, while oral and written leases can leave different issues open to dispute.
A written lease provides more rights than an oral lease, and if you do not understand any wording in a lease or rental agreement, it is smart to ask a lawyer before signing. For oral tenancies, landlords must give one rental period’s notice to terminate oral leases, which means one rental period’s notice is tied to how often rent is paid.
Disclosures and Required Terms
For most homes built before 1978, federal law requires the appropriate lead-based paint disclosures before the lease begins.
Contact Our Property Management Team!
The lease should also clearly address rent, due dates, lease length, utilities, pets, and other important responsibilities. It should also cover late fees, since Arkansas law does not set a statutory cap or fixed amount.
Security Deposits
For landlords covered by Arkansas’s security-deposit statute, generally those with six or more dwellings, security deposits are generally capped at two months’ rent.
After the tenant moves out and returns possession, an itemized accounting and any refund are generally due within 60 days. Deductions cannot include normal wear and tear, and Arkansas law does not require interest on security deposits.
However, Arkansas provides an exemption for certain landlords who own five or fewer units. That exemption does not apply to individuals who employ a property manager.
Check with an Arkansas attorney before organizing security deposits.
Owners should keep move-in photos, signed condition reports, and receipts supporting deductions for unpaid rent. These records can help establish the residential rental property’s condition and justify charges.
Landlord Rights in Arkansas
Arkansas landlords can collect rent, enforce valid lease terms, require residents to maintain rental properties, and take legal action when a tenant fails to pay rent or violates the lease under Arkansas law.
Landlords can also access a property for legitimate purposes such as inspections and repairs, subject to the lease, applicable law, and state law, and Arkansas law generally does not require advance notice before entry, so owners should address notice expectations and reasonable entry times in the lease.
However, owners should not change locks, remove belongings, or shut off utilities to force a tenant out. Arkansas law prohibits self-help eviction methods, including removing a tenant’s personal property and other personal property.
The Arkansas Supreme Court has also invalidated lease language allowing a landlord to retake possession without going through court. Even when rent is unpaid, the proper notice and legal procedures still apply.
Owners also have the right to screen applicants. Using written, consistent tenant screening criteria for every applicant can help protect the property while supporting compliance with the federal Fair Housing Act when credit or background information is used.
Tenant Rights in Arkansas
Arkansas tenants have statutory tenant protection concerning certain minimum residential quality standards and landlord access, as well as deposit accounting where the security-deposit statute applies, but tenants must still make timely rent payments and keep the rental unit safe and sanitary.
Federal fair housing protections also apply throughout advertising, screening, leasing, and renewal.
Tenants also have a right to quiet enjoyment of their rental unit, subject to the lease and applicable law, including protection from unreasonable interference by landlords or other tenants. Arkansas does not have statewide rent control laws, so lease terms often govern issues state law does not cap or fix.
Implied Residential Quality Standards
Arkansas imposes certain implied residential quality standards under Arkansas law on residential leases entered into or renewed after November 1, 2021. These generally address basic systems such as plumbing, heating, electrical service, and health and safety requirements.
Written leases must provide a habitable unit consistent with these standards and any stricter local housing codes or city building codes, and if a landlord undertakes repairs, the work should be completed in a reasonable manner.
Arkansas generally doesn’t allow landlords and tenants to waive the rights and duties provided by the Residential Landlord-Tenant Act, although the statute contains limited exceptions, including certain written agreements concerning renovation or construction responsibilities.
Owners should have an Arkansas attorney review lease language when necessary.
If a landlord fails to make necessary repairs, tenants generally cannot withhold rent or use repair-and-deduct remedies unless a lease provision specifically allows it; instead, they may consider small claims court.
In some situations involving uncured habitability problems, lease termination may also be a possible remedy depending on the facts and legal advice.
Good documentation is also important. Keep dated records of repair requests, responses, completed work, and invoices.
Military Residents
With Little Rock Air Force Base nearby, central Arkansas owners may also rent to servicemembers.
The federal Servicemembers Civil Relief Act allows eligible service members to terminate a residential lease early in certain circumstances, including qualifying permanent change of station or deployment orders.
Owners should account for this possibility when planning vacancies and handling lease terminations.
Where Professional Management Fits
Professional property management can help owners create consistent processes for leasing, screening, maintenance, documentation, and tenant communication.
Real Property Management Signature puts leases in writing, screens applicants, provides owners with a written schedule of charges, and uses owner and resident portals to organize statements, leases, and maintenance requests. After-hours support also helps coordinate urgent maintenance issues.
If you’re preparing a property for the rental market, our guide to renting out your house in Little Rock covers the basic process. Owners can also learn more about our services in Sherwood or explore property management in Little Rock.
We aren’t a law firm and don’t provide legal or tax advice. When a situation requires legal interpretation, owners should consult a licensed Arkansas attorney.
Bottom Line
Arkansas rental compliance depends heavily on good documentation. A clear written lease, move-in condition records, repair logs, and consistent screening procedures can help protect both the property and the owner.
Because Arkansas rental rules are spread across several statutes and have changed in recent years, owners should periodically review their leases and procedures rather than relying on outdated forms. Contact our experts at Real Property Management Signature to make sure you’re up to date with all applicable Arkansas rental laws.
Contact Our Property Management Team!
Frequently Asked Questions
Does Arkansas Require a Written Lease?
Not every Arkansas residential lease must be written. Under the statute of frauds, however, a lease longer than one year generally needs a signed writing to be enforceable.
Written agreements are still recommended for shorter leases because they document rent, deposits, maintenance responsibilities, pet rules, and other important terms.
Can I Manage My Own Rental Without a License?
Arkansas licensing rules generally apply to people managing property for others for compensation. Owners can generally manage their own rental without a real estate license.
If you hire someone to collect rent, lease the property, or perform other management services, verify their licensing through the Arkansas Real Estate Commission.
Which Federal Rules Apply to Arkansas Rentals?
Federal law applies alongside Arkansas rental law. The Fair Housing Act prohibits discrimination in housing transactions, including advertising, screening, leasing, renewals, and eviction decisions. Arkansas fair housing rules largely mirror the federal Fair Housing Act.
Protected classes include race, color, disability, familial status, and national origin. For most homes built before 1978, federal law requires the appropriate lead-based paint disclosures before the lease begins. Complaints can be filed with the Arkansas Fair Housing Commission within one year, and violations can lead to penalties of up to $55,000.
What Happens if a Resident Gets Military Orders?
Under the Service members Civil Relief Act, eligible servicemembers may terminate a residential lease after receiving qualifying military orders.
The resident generally must provide written notice and a copy of the orders. Owners should document the termination date and confirm the applicable requirements.
Can I Change the Locks if Rent Goes Unpaid?
No. Owners should not change locks, remove belongings, or shut off utilities to force a tenant out because rent is overdue. Tenants also may not change the locks without the landlord’s permission, and if a lock change is allowed, they should promptly provide a key.
Arkansas has specific notice requirements and legal procedures for addressing nonpayment and other lease violations.
A material lease violation affecting health and safety may require a 14-day notice to cure or vacate before further action. When necessary, consult a licensed Arkansas attorney or property manager before proceeding.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
Contact Our Property Management Team!
This content is provided for general informational and educational purposes only and does not constitute financial, legal, tax, or investment advice. Readers should consult with licensed professionals regarding their specific circumstances.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
