Arkansas Rental Lease Agreement Templates (6)

1.) Lead-Based Paint (42 U.S. Code § 4852d): Property owners or authorized individuals must disclose any possible lead paint dangers that may be present within the confines of a rental property that was built anytime earlier than 1978, according to federal law.

Grace Period: Arkansas specifically allows a 5-day grace period (from the due date) to submit rent payment (AR Code § 18-17-701(b)).

Unpaid Rent: Once the grace period expires, landlords may issue a notice to delinquent tenants requiring payment within 14 days or face lease termination (AR Code § 18-17-701(a)).

The State of Arkansas does not explicitly govern late fees; therefore, only fees in the lease must apply.

Arkansas law permits landlords to charge tenants up to a $30.00 fee for submitting a rent check denied for insufficient funds, as well as seek compensation for applicable bank fees or penalties (AR Code § 5-37-307).

Six or More Properties: Landlords renting at least six properties must limit the security deposit to no more than two (2) months’ rent (AR Code § 18-16-304).

Five or Fewer Properties: Landlords with five properties (or less) are not subject to the deposit cap unless they use a third party to collect rent (AR Code § 18-16-303).

Returning to Tenant: Landlords must return the security within 60 days of the “termination of the tenancy” (AR Code § 18-16-305(a)(1)).

Itemized List: Landlords use security deposits to recoup legitimate losses (such as unpaid rent or damages); however, they are responsible for delivering an account of each deduction by the return’s due date. (AR Code § 18-16-305(a)(2)).

Tenant Disappeared: Security deposits are claimable by the landlord if sent by first-class mail to the tenant, then returned, and the landlord cannot locate the tenant for at least 180 days (AR Code § 18-16-305(b))

Standard Entry: Arkansas landlords have no default obligation under state law to notify the tenant prior to entering the premises; however, tenants have the right to deny entry.

Emergency Entry: Landlords do not specifically have the right to entry without consent during an emergency; however, tenants can not “unreasonably” withhold consent for entry, such as in a life-threatening event (AR Code § 18-17-602).

Timeline: While Arkansas law does not impose a timeframe for a tenant’s abandonment of the premises, once a lease terminates, landlords may assume absence (AR Code § 18-16-108(a)).

Liens: All property on or in a property abandoned by the tenant is “subject to a lien” so that the landlord recoups any lost sums under the tenant’s responsibility to pay (AR Code § 18-16-108 (b)).

Withholding Rent: Arkansas does not “excuse a tenant from paying rent” even when the landlord neglects repairs (AR Code § 18-17-502(3)(A)).

Legal Remedy: Tenants believing landlords are negligent in satisfying Arkansas requirements for residential properties (e.g. “sanitary sewer system”) is to deliver a written notice of noncompliance stating they (tenant) will terminate the lease if not remedied within thirty days (AR Code § 18-17-502(4), AR Code § 18-17-502 (d)(2)(A)).

Duty to Mitigate: Arkansas imposes no obligations on landlords to mitigate a tenant’s noncompliance.

Domestic Violence: Landlords may terminate a domestic abuser’s lease, while tenants under threat may pursue avenues such as issuing a 30-day notice for violations of implied residential standards or applicable court orders (AR Code § 18-16-112 (c)(3)).

Active Military: Military personnel (such as a soldier or airman) or the spouse of a member of the active military may terminate a lease early if the military has ordered the soldier to active service for more than 180 days, is transferring to a duty station more than fifty miles from the residence, or is being honorably discharged (AR Code § 12-62-705).

Landlord’s Noncompliance: The tenant can terminate the lease, but only if the landlord does not rectify the problem after the tenant delivers a 30-day notice ordering the landlord to remedy the issue or face termination at the end of the 30-day period (AR Code § 18-17-502(d)(2)(a)).

Landlord’s Harassment: The tenant may not deny entry to the landlord or change locks without their consent; however, landlords may not “retaliate in the leasing of a residence because of the domestic abuse;” additionally tenants reserve the right to terminate (properly) if the landlord violates the implied residential standards of Arkansas (AR Code § 18-16-112(b)(1)).

Arkansas law supports oral leases one year or less; however, leases for one year or more must be in writing (AR Code § 4-59-102).

Arkansas generally leaves renewals up to the landlord, tenant, and lease.

Periodic Tenancy: In a week-to-week or month-to-month tenancy, the tenant or landlord must give the appropriate amount of notice before terminating the lease, specifically seven day notice for week-to-week or one month’s notice for month-to-month (AR Code § 18-17-704(a), AR Code § 18-17-704(b)).

Fixed-Term Holdovers: A tenant’s compliance with lease termination is mandatory (e.g., moving out on time), allowing the landlord to seek compensation for noncompliance (AR Code § 18-17-704(c)).

Once the lease terminates, any tenant property still present on the premises is subject to seizure or disposal (AR Code § 18-16-108(a)).

All state-regulated conduct between landlords and tenants for property rentals is in Chapter 17 – Arkansas Residential Landlord/Tenant Act; additionally, the Arkansas Realtors Association also provides a comprehensive Landlord/Tenant Handbook.