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.
Key Things to Know
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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.
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The 30 days stay the same no matter how large the raise is.
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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.
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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.
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Name the parties, give the rental address, list the current and new monthly rent, and set the effective date, all in writing.
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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
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.
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.
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.
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.
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.
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 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.
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.
Frequently Asked Questions
In Arkansas it is the written notice a landlord uses to raise the rent on a residential tenancy. Because the state has no separate rent-increase statute, the landlord relies on the month-to-month notice in the Arkansas Residential Landlord-Tenant Act of 2007: give at least 30 days written notice before the termination date and re-offer at the new rent (Ark. Code Section 18-17-704). The raise takes effect only after that period runs, and it changes only the rent going forward.
At least 30 days before the termination date named in the notice, in writing, on a month-to-month tenancy (Ark. Code Section 18-17-704). The size of the raise does not change that period. The new rent cannot take hold until the 30 days have run.
By using the termination notice as the vehicle. Arkansas has no dedicated rent-increase law, so a landlord who wants more gives the 30-day written notice under Ark. Code Section 18-17-704 and re-offers the unit at the new rent, which the tenant may accept by staying or decline by moving out before the termination date. The mechanics are the same whether the change is small or large.
No. Ark. Code Section 14-16-601 provides that a local governmental unit may not enact, maintain, or enforce an ordinance that has the effect of controlling the rent charged for private residential or commercial property. So no Arkansas city or county can cap the amount of an increase; the landlord sets the new figure subject to the 30-day notice under Ark. Code Section 18-17-704.
No. Arkansas has no statewide cap, and because Ark. Code Section 14-16-601 preempts local rent control there is no local ordinance to cap it, so the landlord may set the new amount once the 30-day notice is given (Ark. Code Section 18-17-704). The raise still cannot punish a tenant for using a legal right or rest on a protected characteristic.
Generally no. A fixed-term lease sets the rent for its whole term, so an Arkansas landlord can change it mid-term only where the lease expressly allows it. Otherwise the increase waits for renewal or applies to a month-to-month tenancy, where the 30-day notice under Ark. Code Section 18-17-704 governs.
It should name the landlord and tenant, give the rental address, list the current and new monthly rent, and set the effective date at or after the termination date, confirming it clears the 30 days Ark. Code Section 18-17-704 requires and stating how rent is paid. Clear dates and amounts show the tenant when the new rent begins.
A raise served with fewer than 30 days notice does not take effect on the date written on it. Under Ark. Code Section 18-17-704 it becomes effective only after a full 30-day period before the termination date has run, so a tenant may keep paying the prior rent until then and treat the short notice as not yet in force.