Quick Guide to Arkansas Tenant Rights
Arkansas Tenant Rights
An Arkansas tenant and landlord both have specific obligations and rights, and there are consequences for violating any Arkansas tenant right or right of the landlord. A large number of state and federal laws address Arkansas tenant rights, and if any rights are neglected, the state encourages a landlord and tenant to resolve the issue outside of court unless the situation is serious.
The majority of information in this article about Arkansas tenant rights is referenced from the state’s Attorney General’s website and the official landlord/tenant handbook.
Arkansas Tenant Right against Housing Discrimination
State laws against housing discrimination operate under the federal Fair Housing Act. According to this act, an Arkansas tenant right protects against a landlord doing any of the following:
• Discriminating based on race, color, religion, gender, handicap, familial status or national origin
• Advertising and publishing preferences for certain tenants or placing tenants in a certain location of a unit
• Discriminating in the terms and conditions of the sale or rent
• Discriminating against a person because of race, color, religion, gender, handicap, marital status, or national origin in the use of facilities on the property
• Discriminatory assignment of a person to particular section of a complex, development, particular floor, or more
Arkansas Tenant Right with Security Deposits
A tenant has multiple rights dealing with security deposits, and some of these Arkansas tenant rights are listed below:
• A security deposit cannot amount to more than 2 months of rent in any circumstances
• A landlord must return a security deposit within 60 days of the termination of tenancy
• If the landlord deducts damages from the returned security deposit, he or she must provide the tenant with an itemized list of the charges within 30 days after the termination of tenancy
• If there is unpaid rent, the landlord is allowed to keep to entire amount of the security deposit and give proper notification to the tenant
Arkansas Tenant Rights within an Eviction
A landlord can evict a tenant by issuing an “unlawful detainer” or a “failure to vacate.” If the landlord issues an unlawful detainer, they must give notification three days before enforcing the eviction. If the landlord files a “failure to vacate,” they must abide by the Arkansas tenant right and issue notification within 10 days.
The tenant is allowed to object to eviction, but if they do not exercise their Arkansas tenant right for objection, a sheriff may remove the tenant from the premises. If the tenant is removed from the premises or voluntarily vacates the property, any property that is left behind is declared as the legal property of the landlord.
Even if a tenant is being evicted, Arkansas tenant rights prohibit a landlord from changing locks, moving furniture out, turning off the utilities, or any other actions that encourage the tenant to move out more quickly. For more information about your Arkansas tenant rights, you can contact the Consumer Protection Division at (800) 482-8982.