At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 2 months' rent | Applies to all residential rental properties |
| Rent control? | No | No statewide or local rent control |
| Required notice to raise rent? | 30 days | For month-to-month tenancies |
| Lease required in writing? | Yes, for leases > 12 months | Oral agreements valid for shorter terms |
| Landlord entry notice? | No statute | No specific statute; reasonable notice implied |
Security Deposits
Arkansas law limits security deposits and establishes rules for their return, though the state's tenant protections are less extensive than many other states.
Landlords may charge a maximum security deposit of two months' rent. The deposit must be returned within 60 days of the termination of the tenancy. Landlords must provide an itemized list of any deductions made from the deposit.
Eviction Procedures
Arkansas has some unique eviction procedures compared to other states. Notably, Arkansas is one of the few states that historically treated failure to pay rent as a criminal matter, though recent reforms have shifted toward civil remedies.
Notice Requirements
- 3-Day Notice: For nonpayment of rent on month-to-month leases. The tenant has 3 days to pay or vacate
- 14-Day Notice: For material lease violations. The tenant has 14 days to remedy the violation or vacate
- 30-Day Notice: For termination of a month-to-month tenancy without cause
- 10-Day Notice: Required for week-to-week tenancies
Eviction Process
Arkansas landlords must file an unlawful detainer action in district court. Arkansas law prohibits self-help evictions, though enforcement may vary. Only a court order through the unlawful detainer process can legally remove a tenant.
Rent Control
Arkansas does not have statewide rent control, and no municipality in Arkansas has enacted local rent control ordinances. Landlords may set and increase rent without statutory caps, provided increases are not retaliatory or discriminatory.
For month-to-month tenancies, landlords must provide 30 days' written notice before a rent increase takes effect.
Lease Agreements
Arkansas follows the Statute of Frauds, which requires leases of more than one year to be in writing to be enforceable. Month-to-month and shorter-term leases may be oral, though written agreements are strongly recommended.
Required Disclosures
Arkansas landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Name and address of landlord or agent: The person responsible for managing the property
- Security deposit terms: The amount of the deposit and the conditions under which deductions may be made
Tenant Rights
Arkansas provides more limited tenant protections compared to many other states. The state does not have a comprehensive landlord-tenant act similar to those based on the Uniform Residential Landlord and Tenant Act.
- Habitability: Arkansas has a limited implied warranty of habitability. Landlords must maintain the premises in a condition that does not endanger the health or safety of tenants, though the scope is narrower than in many states
- Retaliation protection: Arkansas law provides some protection against retaliatory eviction, though the protections are not as broadly defined as in states with comprehensive landlord-tenant acts
- Discrimination protection: Federal Fair Housing Act and Arkansas Civil Rights Act prohibit discrimination based on race, color, religion, sex, national origin, familial status, and disability
- Right to privacy: Arkansas does not have a specific statute requiring advance notice for landlord entry. Reasonable notice is implied under general principles, but no specific timeframe is codified
- Security deposit protections: Tenants have the right to receive an itemized list of deductions and the return of the deposit within 60 days