Arkansas Residential Lease Agreement
Generate a comprehensive lease agreement compliant with Arkansas rental laws
Property Information
Landlord Information
Tenant Information
Lease Terms
Rent and Fees
Utilities and Services
Pet Policy
Parking
Occupancy and Use
Maintenance and Repairs
Additional Terms
Important Information for Arkansas Landlords
⚠️ Legal Notice: This lease generator provides a basic template. Arkansas has specific rental requirements under state statutes. Always consult with a qualified attorney to ensure your lease complies with all current federal, state, and local laws.
Arkansas Rental Law Highlights
Security Deposits (Ark. Code § 18-16-303, 18-16-305)
- Maximum Amount: Two months’ rent (Ark. Code § 18-16-303)
- Return Timeline: 60 days after tenant vacates (Ark. Code § 18-16-305)
- Itemized Statement: Required if any deductions are made
- Interest Not Required: No statutory requirement to pay interest
- Move-In Inspection: Strongly recommended to document condition
- Normal Wear and Tear: Cannot deduct for ordinary deterioration
- Penalties: Twice the wrongfully withheld amount plus attorney fees if bad faith
Rent and Rent Increases (Ark. Code § 18-17-701)
- Grace Period: No statutory grace period required
- Late Fees: Must be reasonable; typically stated in lease
- NSF Fees: Maximum $25 (Ark. Code § 4-57-104)
- Rent Increase Notice: 30 days for month-to-month tenancies
- Fixed Term: Cannot increase rent during lease term unless specified
- No Rent Control: Arkansas does not have rent control laws
Required Disclosures
💡 Important: Arkansas requires specific disclosures. This form does not include all required disclosures. You must separately provide:
- Lead paint disclosure (pre-1978 properties) – Federal requirement
- Landlord’s name and address (Ark. Code § 18-16-304)
- Move-in condition documentation (recommended)
- Smoke detector information
- Owner/agent notification per Ark. Code § 18-16-304
Eviction and Termination (Ark. Code § 18-17-701, 18-17-901)
- 3-Day Notice: For nonpayment of rent (Ark. Code § 18-17-701)
- 14-Day Notice: For lease violations (Ark. Code § 18-17-901)
- 30-Day Notice: To terminate month-to-month tenancy (either party)
- Court Process Required: Must file unlawful detainer action
- No Self-Help: Lockouts and utility shutoffs are illegal (Ark. Code § 18-16-112)
Landlord Obligations (Ark. Code § 18-16-304)
- Habitability: Must maintain premises in fit and habitable condition
- Essential Services: Heat, water, hot water must be functional
- Compliance: Must comply with applicable building and housing codes
- Structural Integrity: Maintain in safe and weathertight condition
- Smoke Detectors: Required in all dwelling units
- Common Areas: Keep clean and in good repair
- Repairs: Must make necessary repairs within reasonable time (typically 14 days)
Entry Requirements (Ark. Code § 18-16-305)
- Notice Required: Reasonable notice (typically 24 hours, though not specifically codified)
- Reasonable Times: Entry during reasonable hours only
- Emergency Exception: May enter without notice in emergency
- Permitted Purposes: Inspection, repairs, showing to buyers/tenants
- Court Order: May enter pursuant to court order
Tenant Rights and Protections
- Quiet Enjoyment: Right to peaceful possession without interference
- Privacy Rights: Right to reasonable notice before entry
- Security Deposit Protection: Twice wrongfully withheld amount plus attorney fees
- Retaliation: Landlord cannot retaliate for complaints (Ark. Code § 18-16-112)
- Military Service: SCRA protections for active duty members
Arkansas-Specific Considerations
Security Deposit Limits and Return (Ark. Code § 18-16-303, 18-16-305)
- Maximum two months’ rent for security deposit
- 60 days to return deposit after tenant vacates
- Must provide itemized statement if deductions made
- Twice the wrongfully withheld amount plus attorney fees for bad faith
- Tenant must provide forwarding address in writing
NSF Fee Limitation (Ark. Code § 4-57-104)
- Maximum $25 for returned check or NSF fees
- Cannot charge excessive returned check fees
- Different from late fees (which must be reasonable)
- Specific Arkansas limitation on NSF charges
Eviction Notice Periods (Ark. Code § 18-17-701, 18-17-901)
- 3 days for nonpayment of rent
- 14 days for lease violations
- 30 days to terminate month-to-month tenancy
- Must follow proper notice procedures
- Court filing required for unlawful detainer
Owner/Agent Disclosure (Ark. Code § 18-16-304)
- Must disclose owner’s name and address
- Must disclose authorized agent if applicable
- Required to be in writing in the lease
- Tenant must know who to contact for repairs and issues
Retaliation Protection (Ark. Code § 18-16-112)
- Landlord cannot retaliate against tenant for:
- Complaining about housing code violations
- Complaining to landlord about repairs
- Joining or organizing tenant organizations
- Exercising legal rights under lease or law
Smoke Detector Requirements
- Smoke detectors required in all dwelling units
- Landlord responsible for installation and ensuring functionality at move-in
- Tenant responsible for battery replacement
- Tenant must notify landlord immediately of defects
- Carbon monoxide detectors recommended but not always required by state law
Fair Housing Requirements
⚠️ Discrimination: Cannot discriminate based on race, color, religion, sex, familial status, national origin, or disability under federal law. Arkansas law mirrors federal protections.
Best Practices for Arkansas Landlords
- Use comprehensive written leases for all tenancies
- Conduct thorough move-in and move-out inspections with photos
- Document property condition at move-in and move-out
- Limit security deposits to two months’ rent (required by law)
- Return deposits within 60 days with itemization if deducting
- Provide reasonable notice (24 hours) before entering property
- Disclose owner’s name and address in lease (required by law)
- Limit NSF fees to $25 (required by law)
- Keep detailed records of all transactions and communications
- Respond promptly to repair requests
- Maintain property to comply with housing codes
- Install and maintain working smoke detectors
- Never use self-help eviction methods
- Follow proper court procedures for evictions (unlawful detainer)
- Do not retaliate against tenants for exercising legal rights
- Consider landlord insurance with loss of rent coverage
Arkansas Climate Considerations
- Hot, Humid Summers: Air conditioning is essential for habitability
- Humidity Issues: Address mold and moisture concerns proactively
- Severe Weather: Tornadoes, severe storms, flooding common
- Tornado Preparedness: Consider including storm shelter information
- Insulation: Important for both heat and cooling efficiency
- HVAC Maintenance: Critical in Arkansas climate
Little Rock and Urban Area Considerations
- Local Ordinances: Additional requirements in Little Rock and other cities
- Rental Registration: Some cities require landlord registration
- Certificate of Occupancy: May be required in some jurisdictions
- Lead Paint: Prevalent in older housing stock; proper disclosure critical
- Rental Inspections: Some municipalities require periodic inspections
Rural Property Considerations
- Well Water: Landlord typically maintains well system
- Septic Systems: Clarify maintenance responsibilities
- Propane: Specify who pays and maintains
- Agricultural Land: Include specific provisions if applicable
- Private Roads: Specify maintenance responsibilities
Resources
- Arkansas Code – Title 18, Chapters 16 and 17 (Landlord and Tenant)
- Arkansas Bar Association – Real Estate Section
- Legal Aid of Arkansas
- Arkansas Development Finance Authority
- Local housing authorities
- Municipal and circuit courts (for unlawful detainer proceedings)
- Arkansas Apartment Association
⚠️ Disclaimer: This tool provides a template for informational purposes only and does not constitute legal advice. Arkansas has specific landlord-tenant laws under Ark. Code Title 18, Chapters 16 and 17 including security deposit requirements (max 2 months’ rent, 60-day return, twice wrongfully withheld amount plus attorney fees as penalty), NSF fee limitations ($25 max), eviction procedures (3-day for nonpayment, 14-day for violations), owner/agent disclosure requirements, retaliation protections, and habitability requirements. This form does not include all required Arkansas disclosures. Consult with a qualified Arkansas real estate attorney to ensure full compliance with all applicable federal, state, and local laws.
