Arkansas Landlord-Tenant Law: An Overview
Arkansas has its own set of laws and regulations governing the relationship between landlords and tenants. These laws cover areas such as the amount of security deposit a landlord can charge, the responsibilities of the landlord and tenant, and the procedures for evicting a tenant. Understanding Arkansas landlord-tenant law is crucial for both landlords and tenants to prevent and resolve disputes.
Lease Agreements
Arkansas law requires a written lease agreement for any tenancy exceeding one (1) year. The lease agreement should contain the names of the landlord and tenant, the rental amount, and the duration of the lease. A fixed-term lease is a tenancy that expires at the end of a specific period, while a periodic lease continues without a specified end date. The lease agreement should also outline the responsibilities of the landlord and tenant, such as repairs and maintenance.
Security Deposits
In Arkansas, landlords can charge a security deposit of up to two (2) months’ rent. The landlord must provide the tenant with a written receipt for the deposit amount and a list of any damages the landlord intends to deduct from the deposit at the end of the tenancy. The landlord must return the security deposit within sixty (60) days of the tenant vacating the rental property.
Landlord Responsibilities
Under Arkansas law, landlords must provide tenants with a safe and habitable living environment that meets local building codes and health regulations. They must also make repairs to keep the property in a habitable condition. The landlord should provide notice to the tenant before entering the rental property, except in emergencies.
Tenant Responsibilities
Tenants are responsible for paying the rent on time, keeping the rental property clean, and reporting any damages or necessary repairs to the landlord promptly. They must also comply with all local and state laws regarding noise, parking, and pets.
Evictions
If a tenant violates the terms of the lease agreement, the landlord can file an eviction lawsuit in court. Arkansas law requires a written notice of default to be served on the tenant before the landlord can begin eviction proceedings. In some cases, such as non-payment of rent, the tenant has a certain period to remedy the issue before eviction.
Conclusion
Arkansas landlord-tenant law provides a framework for landlords and tenants to establish and maintain a fair and reasonable relationship. Understanding the legal responsibilities of both parties is essential to prevent and resolve disputes that may arise during the tenancy. By following the guidelines outlined in the lease agreement and adhering to state laws, landlords and tenants can ensure a successful tenancy.
Quick Guide to Landlord/Tenant Laws
Arkansas Landlord/Tenant Laws
A large amount of Arkansas landlord/tenant law gives specific rights and responsibilities of both the landlord and the tenant. In some cases, there are strict penalties for violating the rights of the other party within Arkansas landlord/tenant law, but the court will normally encourage both parties to resolve the issue outside of court.
The majority of information in this article about Arkansas landlord/tenant laws is referenced from the state’s Attorney General’s website and the official landlord/tenant handbook.
Responsibilities of the Tenant
In order to have all rights respected for repairs, security deposits, and more, a tenant will have to perform Specific responsibilities under Arkansas landlord/tenant laws. These responsibilities include the following:
• Paying all of the rent on time
• Taking good care of the property except for normal wear and tear
• Letting the landlord know when you’ll be away for a large period of time so they don’t think you abandoned the property
• comply with all health and building codes
• keep the property clean and safe
• inform the landlord in writing about needed repairs
• respect the privacy of other tenants and neighbors
• abide by all conditions within the lease
• give the landlord proper notice before moving out
• do not increase the number of occupants without landlord’s permission
If the tenant performs all their responsibilities under Arkansas landlord/tenant law, their rights will be respected within security deposits, the termination of tenancy, and more.
Arkansas Landlord/Tenant Laws on Security Deposits
A tenant and landlord have multiple rights dealing with security deposits, and these rights within Arkansas landlord/tenant law 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 Landlord/Tenant Laws on Evictions
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 Arkansas landlord/tenant law and issue notification within 10 days.
The tenant is allowed to object to eviction, but if they have not abided by Arkansas landlord/tenant law, 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 landlord/tenant laws 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 Arkansas landlord/tenant laws, you can contact the Consumer Protection Division at (800) 482-8982.
