Overview
Leases are the cornerstone of a successful landlord-tenant relationship, providing a legal framework for both parties to enter a harmonious agreement.
In Arkansas, residential lease documents—including their structure, nature, and contents—are regulated by Arkansas landlord tenant laws. For this reason, it’s imperative to understand the intricacies of the law before constructing a lease.
This guide will walk you through the crucial components of a rental lease agreement Arkansas considers compliant, ensuring you’re well-equipped to make informed decisions. And to make your journey easier, we’re offering a free Arkansas lease template for download!
An Arkansas lease is a legally binding document that outlines the terms and conditions governing the rental of a residential property within the state. This lease adheres to Arkansas’s landlord-tenant laws, providing a clear framework for both landlords and tenants to follow and fostering a secure and transparent rental environment.
The following components should be included in every Arkansas lease agreement. Note that the following sections apply specifically to residential lease agreements—An Arkansas commercial lease agreement necessarily has different requirements.
Lease Term
This section specifies the lease’s start and end dates, establishing the duration of the rental agreement.
Rent
Here, you’ll find details regarding the rent rate, due date, and the status of rent control. In Arkansas, there are no statewide rent control laws. This means landlords can choose their own rental rates based on the current local market. Keep in mind, however, that individual cities and counties in Arkansas may have their own laws that regulate or restrict the price of rent. Be sure your rental rates are compliant with local and municipal regulations in the state of Arkansas.
Late Fees
The penalties for missing rent payments should be clearly stated in the lease, as should any exceptions. There are no statutory late fees in Arkansas, nor is there a mandatory grace period. This means landlords in this state can once again choose their own late fee amounts. Be sure, however, that your late fee policy is clearly described in all Arkansas lease agreements so that tenants know exactly what will happen if they are late to pay rent.
Security Deposit
This section of the lease includes details about the security deposit, including its amount, where it will be stored, and how/when it will be returned.
The maximum or limit for security deposits in Arkansas is two months’ rent. This limit applies to landlords who own six or more units and manage their properties themselves (without a third-party property manager or management company) (ACA § 18-16-303; ACA § 18-16-304).
Additionally, Arkansas landlords must return security deposits to tenants (minus any deductions) within 60 days after the lease terminates (ACA § 18-16-305(a)(1)).
Your Arkansas rental lease agreement should clearly describe the landlord’s security deposit policy, including the amount of the deposit, how/when it will be returned, and the conditions under which funds may be withheld.
Required Disclosures
This section encompasses crucial required disclosures, which are information that must be disclosed to the tenant in the lease before they agree to rent the property. Required disclosures must be included in a rental lease agreement Arkansas considers compliant, or else provided to the tenant in a separate written notice.
In Arkansas, there is only one required disclosure:
- Lead-based paint – Landlords in all 50 states must disclose lead-based paint hazards in rental agreements for most properties built before 1978.
Landlord Right to Entry
In Arkansas, there are no specific laws governing when a landlord can enter a rental property. However, most landlords provide at least 24 hours’ notice before entering an occupied unit for a non-emergency reason. Be sure to include the landlord’s right of entry in all Arkansas rental lease agreements.
Repairs & Maintenance
The lease outlines how and when tenants should submit maintenance requests and clarifies the process for addressing necessary repairs. Every Arkansas residential lease agreement should specify which maintenance responsibilities are the landlord’s and which are the tenant’s, based on Arkansas law.
Lease Termination/Renewal Procedures
This section details the procedures for early lease termination and breaking the lease, including eviction processes. Specifically, the lease should clearly state how many days’ notice the tenant needs to provide the landlord to announce their intent to either renew or terminate the lease.
An Arkansas residential lease agreement should also clearly describe what happens if the tenant breaks the lease. Before filing for eviction in Arkansas, landlords must send eviction notices of specified lengths: A three- or ten-day notice to quit (for nonpayment), a 14-day notice to cure or quit (for lease violations), or an immediate, unconditional notice to quit (for illegal activity). These notice periods should be specified to the tenant so that both parties are clear on what will happen if the tenant fails to uphold the lease agreement.
Joint and Severability Clause
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Signatures
Both the landlord and tenant will sign the lease either on paper or electronically, ensuring a secure and convenient process.
Arkansas Lease Agreement Download
To make your leasing journey simpler, we offer a free, downloadable Arkansas lease agreement. This template is tailored to meet the specific requirements of Arkansas state law, making it a valuable tool for landlords and tenants.
Conclusion
Understanding the nuances of an Arkansas residential lease agreement is vital for a smooth and legal tenancy. We hope this guide has provided you with a clear understanding of the components of an Arkansas lease. To get started on the right foot, download our free Arkansas lease template and ensure a transparent, lawful, and satisfying rental experience.
