Arkansas Rent Increase Notice
In Arkansas a landlord must give at least 30 days written notice before raising the rent on a month-to-month tenancy (Ark. Code Section 18-17-704). Arkansas has no statewide rent cap and preempts local rent control. Attorney review available.
Introduction
In Arkansas the path to a higher rent on a month-to-month tenancy runs through ending the old arrangement. The Arkansas Residential Landlord-Tenant Act of 2007 lets either side close a month-to-month tenancy with written notice at least 30 days before the termination date named in the notice (Ark. Code Section 18-17-704), and a landlord uses that same mechanism to reset the rent: give the 30-day notice and re-offer the unit at the new figure. The 30 days do not change with the size of the raise. What the landlord picks for that figure is largely unconstrained, because Arkansas caps nothing at the state level and forbids local rent control too: under Ark. Code Section 14-16-601 a local government may not enact or enforce an ordinance that controls the rent charged for private property. A fixed-term lease keeps its rent for the term unless the lease allows a change, so this notice belongs to a month-to-month tenancy or takes effect at renewal. Put the parties, the rental address, the current rent, the new rent, and the effective date in writing, and count to the termination date, because a short notice cannot take hold until a full period has run. DocDraft assembles your Arkansas rent increase notice from the details you enter, with attorney review available before you serve it.
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Key Things to Know
- 1
A rent increase notice is a written notice from an Arkansas landlord telling a tenant the rent will rise, stating the new monthly amount and the date it takes effect.
- 2
Under the Arkansas Residential Landlord-Tenant Act of 2007, a month-to-month tenancy is changed or ended by written notice at least 30 days before the termination date in the notice (Ark. Code Section 18-17-704); a landlord resets the rent by that same 30-day notice.
- 3
The 30 days stay the same no matter how large the raise is.
- 4
No statewide cap limits the figure, and Ark. Code Section 14-16-601 bars local governments from enacting or enforcing an ordinance that controls rent on private property.
- 5
A fixed-term lease keeps its rent through the term unless the lease allows a change, so this notice fits a month-to-month tenancy or takes hold at renewal.
- 6
Name the parties, give the rental address, list the current and new monthly rent, and set the effective date, all in writing.
- 7
A notice shorter than 30 days does not start on the date named; the raise waits until a full period before the termination date has run.
Key decisions before you file
Before you file a Rent Increase Notice in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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Arkansas Requirements for Rent Increase Notice
30-Day Month-to-Month Notice
On a month-to-month tenancy an Arkansas landlord must give at least 30 days written notice before the termination date to raise the rent (Ark. Code Section 18-17-704). The effective date must give the tenant at least that many days. Arkansas does not add tiers based on the size of the increase.
No Statewide Cap, Local Control Preempted
Arkansas has no statewide rent cap, and Ark. Code Section 14-16-601 preempts local rent control, so cities and counties cannot cap the amount of an increase. A landlord may set the new amount as long as the required notice is given. The new rent is set by this notice and the terms of the tenancy.
No Mid-Lease Increase on a Fixed Term
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. A rent increase notice applies to a month-to-month tenancy or takes effect when a fixed-term lease renews.
Written Notice Before the Termination Date
The notice must be in writing and delivered so the tenant has at least 30 days before the termination date on which the new rent applies (Ark. Code Section 18-17-704). Deliver it personally or by mail and keep proof of how and when it was served. A verbal statement is not enough.
Counting the Effective Date
Count at least 30 days from when the notice is given to the date stated in the notice (Ark. Code Section 18-17-704). The increase takes effect only on or after that date; set the effective date so the full notice period has run.
What the Notice Must State
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, confirming it gives at least the 30 days Ark. Code Section 18-17-704 requires. Clear dates and amounts tell the tenant when the new rent applies.
A Short Notice Does Not Take Effect
A rent increase served with less than 30 days notice does not take effect on the stated date. Under Ark. Code Section 18-17-704 the increase is effective only after a proper notice period runs, and a tenant may continue paying the prior rent until then.
State Preemption of Rent Control
Ark. Code Section 14-16-601 provides that a local governmental unit shall not enact, maintain, or enforce an ordinance controlling the amount of rent charged for private property. There is therefore no local ordinance that caps the amount of an increase. The main legal questions are the notice period and freedom from retaliation or discrimination.