Free Arkansas Rental Lease Agreement


Sample Arkansas Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Arkansas, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of Arkansas, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of Arkansas.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Arkansas (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of Arkansas, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Arkansas, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Arkansas, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

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.

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AR Rental Lease Agreement

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