Arkansas Landlord-Tenant Law

If you're a landlord in Arkansas, you're in one of the most landlord-friendly states in the country. The laws here give you a lot of flexibility when it comes to managing your rental properties. From setting lease terms to handling evictions, you've got a fair amount of control—and fewer state regulations to navigate.

That said, it's still important to know the rules that do apply. Understanding Arkansas landlord-tenant law—like required disclosures, how much notice you need to give, or the correct steps to take during an eviction—can help you avoid costly legal trouble. The Arkansas state statutes lay out all the key details, and they're your go-to resource for everything from lease agreements to tenant rights. 

Keep in mind, though, that laws can change, and some cities or counties may have their own rules. This overview hits the highlights, but it's not a substitute for digging through Arkansas state law code or talking to a legal pro when you've got specific questions.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.

NEW! 2025 Arkansas Rental Laws

The following new Arkansas property and rental laws were passed in recent years:

• Property Assessment (Arkansas Act 410): Signed into law in March 2025, this law amends existing laws regarding the assessment of property in Arkansas, specifically focusing on what is considered a "substantial improvement" and the method of property valuation. The act clarifies that necessary repairs made due to natural disasters do not count as substantial improvements unless you utilize higher quality materials than those originally used.
• Limits on Local Rental Application/Security Deposit Regulation (Arkansas Act 459): This act provides that local governmental units have no authority to regulate or control the amount charged for a rental application fee or rental deposit for private residential or commercial property.
• Valuation Method for Affordable Housing Real Property (Arkansas Act 842): This law established a method for the equitable and fair valuation of assessing real property used for affordable housing, especially those with federally or state-imposed restrictions, such as rent limitations or operational requirements.
• Real Estate Licensure (Arkansas Act 392; Arkansas Code § 17-42-103): This act amended a law concerning the Arkansas Real Estate Commission. It creates a property management broker and property management associate licenses and amends the real estate license law.
• Real Property Taxes (Arkansas Act 330; Arkansas Code § 26-26-1118(a)(1)(A)): This act amended a law to reduce the amount of real property taxes assessed on the homestead of each property owner by $600.  

Arkansas Quick Facts

Rights and Responsibilities of Arkansas Landlords and Tenants

Arkansas landlords and tenants each have certain rights and responsibilities. The lease agreement is the primary document that establishes these for each party. However, landlords are also obligated to ensure that their policies comply with both state and federal law. When both landlords and tenants adhere to these rights and responsibilities, better communication, retention, and overall satisfaction tend to follow.

Below is a brief overview of the rights and responsibilities of both landlords and tenants in Arkansas.

Arkansas landlords have the right to:

• Give notice of lease termination for any reason. Even model tenants are subject to termination for any reason. You must provide one rental period's notice for an oral lease or provide notice according to the written lease.
• Dispose of any property left in the dwelling by a tenant upon the voluntary or involuntary termination of any lease agreement without recourse by the tenant. All property left on the premises by the tenant is subject to a lien in favor of the landlord for the payment of all sums agreed to be paid by the tenant.
• Collect rent as defined in the lease agreement including late fees (if applicable).
• Enter the property for legitimate reasons and with reasonable notice as Arkansas law outlines.
• Enforce the lease as written. As soon as both parties sign the lease, it becomes legally binding, and both parties must adhere to it as it's written.
• Retain security deposit funds for damage beyond normal wear and tear.
• Evict tenants for lease violations per Arkansas eviction law.

Arkansas landlords are responsible for:

• Providing notice of at least one rental period before raising the rent. This rule applies to both oral and written leases.
• Making any kind of repairs, unless it's stated in the lease agreement.
• Abiding by the lease terms, just as their tenants do.
• Providing tenants with a habitable unit, which must include electricity, heat, running water, and trash removal.
• Promptly repairing the unit when a tenant makes a request.
• Returning the remainder of the security deposit funds within 60 days of the tenant leaving the property.

Arkansas tenants have the right to:

• Live in a safe and habitable unit. Arkansas law requires landlords to maintain a rental unit that meets basic safety and health standards, including a working roof, plumbing, and utilities. 
• Protection from discrimination. The Fair Housing Act prohibits landlords from discriminating against tenants based on race, color, religion, sex, familial status, national origin, or disability.
• Protection from illegal eviction, as landlords must follow Arkansas law when removing a tenant. 
• Quiet enjoyment. Tenants have the right to peaceful enjoyment of the property, free from unreasonable interference by the landlord. 
• Notice of entry. Landlords must provide reasonable notice (usually 24 hours) before entering the property, except in emergencies.
• Timely repairs when a request is made in writing.

Arkansas tenants are responsible for:

• Keeping the unit in good repair at all times. You must keep the unit clean and safe and not disturb other tenants and neighbors.
• Paying rent on time. This includes all late fees and any utilities the tenant is responsible for.
• Obtaining prior approval from the landlord if you plan to sublease your house and obtain written direction from him or her stating the amount of rent that can be collected.
• Giving notice (according the the provisions of your written lease) if you plan to move out.
• Giving one rental period's notice (in the case of an oral lease) if you plan to move out.
• Complying with the lease terms as signed by both parties.

Arkansas Required Disclosures

Required disclosures are legally mandated information that a landlord must provide to tenants before entering into a lease agreement. These disclosures often inform tenants about their legal rights, potential hazards in the property, and policies the landlord enforces.

Although Arkansas does not enforce many state-specific required disclosures, according to federal law, all landlords must inform tenants about existence or knowledge of any lead-based paint.

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.

Arkansas Rent and Fee Laws

While Arkansas landlords have fewer rent and fee regulations to worry about than those in other states, there are still important clauses to look over. To ensure your lease agreement is compliant with Arkansas law, be sure to include the following regulations listed below.

Rent Payments

• Due Date: Unless otherwise specified in the rental agreement, rent in Arkansas is due at the dwelling unit at the beginning of each month (ACA § 18-17-401(b)).
• Rent Control: There is no statewide rent control in Arkansas.
• Grace Period: There is no mandatory grace period in Arkansas. This means landlords can charge a late fee as soon as rent is late. However, unless otherwise stated in the lease, landlords must wait five days after rent is late before beginning eviction proceedings (ACA § 18-17-901).

Fees

• Application Fees: Rental application fees are not regulated in this state.
• Late Fees: There are no statutory late fees in Arkansas.
• NSF/Bounced Check Fee Maximum: If the tenant's rent check bounces, the landlord may charge a fee of $30 per check plus any fees charged by a financial institution (ACA § 5-37-307(c)(2)(B)). 

Tenant Remedies

• Withholding Rent/Repair and Deduct: By Arkansas state law, tenants are not permitted to withhold rent or use the repair and deduct remedy when the landlord fails to make necessary repairs (ACA § 18-17-502(d)(3)). If the landlord fails to fulfill their obligations by law and the rental agreement, the tenant should go to small claims court and seek the advice of an attorney.

Arkansas Security Deposit Laws

In Arkansas, security deposit law provides tenants with added protection. This law applies only to landlords who rent six or more dwellings.

• Deposit Limit: 2 months' rent, for landlords who own six or more dwellings and manage their properties without paid third party assistance (ACA § 18-16-303; ACA § 18-16-304). 
• Interest: Arkansas landlords are not required to pay interest on security deposits.
• Return Within: 60 days. When you move, your landlord must return your security within 60 days. However, your landlord may deduct from the security deposit to repair any damages made to the dwelling or collect any past-due rent. If your landlord ends up deducting from your security deposit, they must provide you with a written, itemized list of the charges withheld within 60 days of your vacating (ACA § 18-16-305(a)(1)).
• Deposit Location: In Arkansas, landlords are not required to keep security deposits in a separate bank account.
• Withholding: Landlords may withhold funds from the security deposit for unpaid rent and damages due to noncompliance with the rental agreement. All withholdings must be itemized and sent in a written notice to the tenant together with the remainder of the security deposit (ACA § 18-16-305(a)(2)).

Arkansas Tenant Screening and Fair Housing Protections

What actions are considered housing discrimination?

Tenants have legal protection against unfair housing practices in every state. The Federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits unlawful discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:

• Accepting or denying tenant applications
• Choosing the methods they will use to screen tenants
• Advertising units
• Writing lists
• Deciding to increase rent
• Allocating rent credits or discounts
• Providing maintenance and service to the property
• Evicting tenants
• Etc.

What are the protected classes in Arkansas?

The FHA and Arkansas state law specifically protect tenants from discrimination based on the following seven protected classes. This means that landlords cannot use a tenant's membership in any of the classes below to justify housing decisions:

• Race
• Color 
• Religion
• Gender
• National origin
• Familial status
• Disability

Use of Credit Reports

Arkansas Landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. Landlords must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.

Use of Criminal Histories

Criminal background checks may be used during tenant screening in Arkansas. However, Arkansas landlords should follow FHA guidelines for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal histories on a case-by-case basis and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.

Arkansas Landlord Entry Laws

Though Arkansas law doesn’t require landlords to give advanced notice before entering a property or detail permitted times, Arkansas landlords often abide by common practices. It’s common practice to give a minimum of 24-hour notice to tenants. Additionally, tenants may request that entry be confined to a reasonable time in the lease.

• Advanced Notice: There is no state law in Arkansas requiring landlords to give advance notice before entering the property. However, it's common practice to provide a minimum of 24-hour notice to tenants.
• Permitted Times: Arkansas state law does not designate any time-of-day entry restrictions. Landlords may enter for inspections, repairs, decorations, alterations, improvements, and showings. Landlords may also enter to provide necessary or agreed-on services or to investigate potential lease violations or criminal activity (ACA § 18-17-602(a)). 
• Emergency Entry: There are no laws in Arkansas regarding emergency entry without notice. However, landlords are generally permitted to enter during emergencies. 

Arkansas Eviction Notices

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Arkansas, consider hiring an experienced real estate attorney and be sure to review the Arkansas eviction process in more detail. A strong landlord tenant relationship can work to prevent evictions and help Arkansas landlords retain good tenants.

In Arkansas, failure to pay rent on time, for any reason, is grounds for eviction. A landlord may pursue a tenant in a civil action for an “unlawful detainer.” Unlawful detainer actions require a landlord to provide tenants with a 3 days’ written notice to vacate. There is also an option to file for a criminal eviction, which requires a 10-day notice to quit. Speak with a real estate attorney to find out which option is appropriate for your case. 

All evictions, regardless of cause, start with serving a written eviction notice. Below are the required notice periods in Arkansas for various circumstances:

• Rent Demand Notice (Civil Evictions): 3 days to quit (ACA § 18-60-304).
• Rent Demand Notice (Criminal Evictions): 10 days to quit (ACA § 18-16-101). 
• Notice for Lease Violation: 14 days to cure or quit. This notice applies if there is a noncompliance by the tenant materially affecting health and safety (ACA § 18-17-701(a)(1); 18-17-701).
• Unconditional Notices to Quit: Immediate. According to Arkansas eviction laws, this notice applies when a tenant commits certain criminal acts at the property, including illegal gambling, prostitution, or the unlawful sale of alcohol (ACA § 18-16-502; 18-16-503). The landlord is not required to provide an opportunity to cure the breach. 

Arkansas Squatter's Rights

Squatters are individuals who move into a property without permission from the owner. Evicting squatters in Arkansas, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in Arkansas, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.

Additional Reading: Arkansas Squatters’ Rights & Adverse Possession Laws [2025]

Other Laws and Facts About Arkansas

• The Arkansas average rent according to Zillow is $1,500 per month.
• The average rent rate in Little Rock according to Zillow is $1,350 per month.
• Arkansas is the only state that allows criminal evictions in addition to civil evictions.

Conclusion

Arkansas’ rental laws can be complex and are subject to change with each election cycle. Understanding these laws and adhering to them is crucial for protecting both landlord and tenant rights. Failing to do so not only risks lawsuits and penalties but can also damage your reputation as a landlord—word of mouth travels fast. By taking the time to familiarize yourself with Arkansas’ landlord-tenant laws, you can navigate the state’s rental landscape with confidence, ensuring compliance and fostering positive tenant relationships.

FAQs

Can a landlord in Arkansas charge non-refundable fees? 

Yes, a landlord can charge non-refundable rental application fees. However, they are generally not allowed to charge non-refundable security deposits.

Can landlords in Arkansas deny tenants ESAs?

In accordance with the Fair Housing Act, Arkansas landlords cannot reject an ESA if the tenant provides a valid ESA letter issued by a licensed mental health professional.

How does Arkansas law handle security deposits for furnished rentals?

According to Arkansas security deposit law, landlords are allowed to charge up to 3 months’ rent for a furnished unit.

Can a landlord require tenants to carry renter’s insurance? 

Arkansas law doesn’t require a tenant to have renters insurance, but landlords often require it as part of the lease agreement.

Free Downloads

1. Arkansas Residential Lease Agreement Template 
2. Arkansas Quitclaim Deed
3. Arkansas Unlawful Detainer Complaint
4. Arkansas Eviction Summons
5. Arkansas Unlawful Detainer Tenant Answer

Resources

1. Arkansas Housing Market Trends & Forecast
2. Code of Arkansas
3. Arkansas Legal Services Landlord/Tenant Information 
4. Real Estate Terms & Definitions
5. Arkansas Background Checks