Free Arkansas Rental Lease Agreement


Arkansas Rental Lease Agreement

What are the basic rental lease agreements in Arkansas?

As you get ready to settle in Arkansas, it is crucial for you to understand the Landlord-Tenant agreements and laws to be on the right side of the law, and to avoid unnecessary financial losses. In this article, we answer some of your questions that affects the rental property.

  • The official rules governing the rental lease agreement in Arkansas

    • The Landlord and Tenant – Ark. Code Ann. 18-16 –

    • The Tenant Act of 2007 – Ark. Code Ann. 18-17 Arkansas Residential Landlord

    • The Arkansas LANDLORD/TENANT HANDBOOK – available in PDF

Security Deposit Regulations

Which are the exceptions applicable to security deposits?

These legal rental statutes do not apply to the landlords who own a maximum of 5 dwelling units.

What is the security deposit maximum?

Two months’ rent

What’s the deadline for returning a security deposit?

60 days.

Are there statutes on non-refundable deposit?

No.

Any statutes on security deposit interest?

None

Any statutes on the need for the landlord to create a separate security deposit bank account?

None.

Are there laws governing pet deposits and additional fees?

No, but when present, the extra deposit shouldn’t exceed two months’ rent.

Should there be a move-out checklist or an itemized list of damages plus charges?

Yes.

Is there a requirement for advance notice of withholding?

No.

Also, no statutes are highlighting the need for record-keeping of the deposits and withholdings or the receipts of deposits.

Lease, Fees, and Rent

When is rent due?

Rent is payable without notice or demand, at the time and the place agreed upon by the parties. Unless the tenant receives a notification in writing, rent is payable at the dwelling unit while the periodic rent is payable at the beginning of any term – say, one month, or less, and otherwise, in equal monthly installments at the start of the month.

Are there rent increase statutes?

No.

How long is the rent grace period?

5 days

Are there statutes governing payment of late fees and prepaid rent?

No.

How much do the returned check fees cost?

The fees shouldn’t exceed $10 – $50, depending on the reason given.

Can the tenant withhold rent for failure to provide essential services like water and heat?
There is no statute.

Can a tenant repair and deduct rent?

There is no statute on this.

Is the landlord allowed to recover the court and the attorney fees?

Yes.

Should the landlord make a reasonable attempt to mitigate damages including any attempts to rerent?

No statute.

Notices and Entry

When should you give a notice to terminate tenancy when on a fixed end-date lease?

No stature applies. And typically, there is no need for a notice since the lease is expiring.

When should you give the notice to terminate tenancy when you are on a month-to-month lease?

30 days.

What is the duration of the termination of lease for week-to-week leases?

7 Days

What is the duration of the lease’s termination for nonpayment?

There is a 5-days’ unconditional quit notice, and the landlord must wait for the full five days to start the eviction process.

How does termination for lease violation take place?

The landlord may terminate the agreement immediately under various conditions outlined in A.C.A. § 18-60-304

Is notice before entry required?

There is no statute

Is entry allowed for notice for non-emergency maintenance and repairs?

Yes.

Is entry allowed with notice for showings?

Yes

Is emergency entry allowed without notice?

No statute.

Is there a need for notice of date and time for move-out inspections?

No.

Should there be a notice of extended absence?

No statute.

Also, there are no statutes for allowing entry during a tenant’s extended absence and notice for pesticide use.

Are lockouts allowed?

There are no statutes, but these are never allowed in the Arkansas rental lease agreement.

Are utility shut-offs allowed?

There are no statutes applicable, but these are never allowed in rental lease contracts.

What are the consequences of self-help eviction?

The case goes to the courts, and the courts decide the damages depending on the case.

What happens in case of abandonment of personal property

In case of voluntary or involuntary termination of a lease agreement, all the personal property left by the tenant can be disposed of by the landlord without any recourse by the lessee.

Disclosures and Miscellaneous Notes

Before you sign the Arkansas rental lease agreement form, read through these miscellaneous notes and disclosures. They cover:

The tenant’s duties – compliance, cleanliness, plumbing, trash, appliances, lawful activities, and quiet enjoyment.

Domestic violence situations – locks, proof of status and protection from termination.

Did you know that the landlord cannot terminate a tenancy or even fail to renew a tenancy, and they cannot refuse to enter into a rental agreement with a victim of domestic violence?

Other disclosures include retaliation and lead disclosures.

  • Legal and court issues

    • Arkansas small claims court – the limit is $5,000, and there are no eviction cases allowed in small claims.

    • The statutes of limitations requires that the written contracts spanning five years

  • You can get help from

    • The Arkansas Judiciary

    • Arkansas Attorney General

    • Arkansas Bar Association

    • You can also get legal aid from Arkansas Legal Aid Partnership, Legal Aid of Arkansas, or Arkansas Bar Association – Find a Lawyer.

Business Licenses

There are local, cities and county statutes that require business licenses but there are no state-wide statutes on this.

If you’d like to fill in an Arkansas rental lease agreement, fill in our rental lease agreement foam available online.