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Arkansas Residential Lease Agreement

Arkansas generally caps security deposits at 2 months' rent with a 60-day return deadline. Create a free Arkansas lease agreement. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property: how much rent is owed, how long the tenancy lasts, what security deposit applies, each side's responsibilities, and how the tenancy can end. In Arkansas, tenancies are governed mainly by the Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code Ann. Section 18-17-101 and following), with security deposits addressed separately under Ark. Code Ann. Section 18-16-301 and following (1979). Under that deposit law, a landlord generally may not collect more than 2 months' rent as a deposit and generally must return it, with an itemized written accounting of any deductions, within 60 days after the tenancy ends. That cap and deadline do not apply to every landlord, though: an individual who personally owns 5 or fewer rental units and manages them without a paid third party is exempt from the deposit subchapter entirely, so a small landlord may set no cap at all and face no statutory return deadline. Arkansas imposes no additional state-mandated lease disclosures beyond the federal lead-based-paint disclosure required for housing built before 1978. Arkansas law also sets no statute requiring advance notice before a landlord enters the unit, no statutory cap on late fees, and no rent-control or just-cause-eviction regime anywhere in the state. Ending a month-to-month tenancy generally requires at least 30 days' written notice from either side. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a contract between a landlord and a tenant that fixes the rent, the length of the tenancy, the deposit, each side's duties, and how the tenancy ends.

  2. 2

    Security deposits are generally capped at 2 months' rent under Ark. Code Ann. Section 18-16-304, but this cap does not apply to an individual landlord who owns 5 or fewer units and self-manages them (Section 18-16-303). Confirm which rule applies before setting the deposit amount.

  3. 3

    Where the cap applies, the landlord must generally return the deposit, with an itemized written notice of any deductions, within 60 days after the tenancy ends (Ark. Code Ann. Section 18-16-305). No interest or separate escrow account is required by statute.

  4. 4

    Arkansas requires no state-specific lease disclosures. Only the federal lead-based-paint disclosure applies, and only for housing built before 1978.

  5. 5

    Arkansas has no statute requiring landlords to give advance notice before entering the rental unit, so the lease itself should spell out any entry-notice practice the parties agree to.

  6. 6

    There is no statutory cap on late fees and no mandatory grace period; under Ark. Code Ann. Section 18-17-401, rent is payable at the time and place the parties agree to, so the lease should state the late-fee terms directly.

  7. 7

    Ending a month-to-month tenancy generally requires at least 30 days' written notice from either party (a week-to-week tenancy needs at least 7 days), under Ark. Code Ann. Section 18-17-704. Arkansas has no statewide rent-control or just-cause-eviction law.

Key decisions before you file

Before you file a Residential Lease Agreement in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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ARKANSAS RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME] (Landlord, sometimes called the lessor) and [TENANT NAME] (Tenant, sometimes called the lessee). Landlord leases to Tenant the residential property at [FULL RENTAL ADDRESS], Arkansas, together with [PARKING/STORAGE, if any], for use as a residence only.

  2. TERM This lease begins on [START DATE] and is either (a) a fixed term ending on [END DATE], or (b) month-to-month starting on that date. Absent a written fixed-term agreement, Arkansas law treats most tenancies as month-to-month (Ark. Code Ann. Section 18-17-401(c)).

  3. RENT Tenant agrees to pay $[AMOUNT] per month, due on the [DAY] of each month at [PAYMENT LOCATION/METHOD]. Arkansas sets no statutory grace period and no cap on late fees; rent is payable at the time and place the parties agree under Ark. Code Ann. Section 18-17-401, so state your late-fee amount and any grace period here: [LATE FEE TERMS].

  4. SECURITY DEPOSIT Tenant will pay a security deposit of $[AMOUNT]. Under Ark. Code Ann. Section 18-16-304, a deposit generally may not exceed 2 months' rent, and Section 18-16-305 generally requires the deposit to be returned, with an itemized written notice of any deductions, within 60 days after the tenancy ends. These deposit rules do not apply if Landlord is an individual who owns 5 or fewer rental units and self-manages them (Section 18-16-303); check that exemption before relying on the cap. No interest or separate escrow account is required.

  5. DISCLOSURES If built before 1978, this property is subject to the federal lead-based-paint disclosure (42 U.S.C. 4852d); attach the required lead-paint pamphlet and disclosure form. Arkansas imposes no additional state-mandated lease disclosures.

  6. ENTRY Arkansas law sets no statute requiring advance notice before Landlord enters the unit. The parties agree Landlord will provide [NOTICE PERIOD, e.g., 24 hours] notice except in an emergency, and will enter only at reasonable times.

  7. MAINTENANCE AND USE Tenant will keep the unit clean and undamaged, use it only as a residence, and promptly notify Landlord in writing of any needed repairs. Landlord will maintain the property in habitable condition consistent with Arkansas law and will make reasonable repairs within a reasonable time after written notice from Tenant.

  8. TERMINATION Either party may end a month-to-month tenancy with at least 30 days' written notice before the termination date (Ark. Code Ann. Section 18-17-704); a week-to-week tenancy needs at least 7 days' notice. Arkansas has no statewide rent-control or just-cause-eviction law, so a fixed-term lease simply ends on its stated end date unless renewed.

SIGNATURES Landlord: _____________________________ Date: [DATE] [LANDLORD NAME]

Tenant: _____________________________ Date: [DATE] [TENANT NAME]

Note: This is an Arkansas skeleton governed by the Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code Ann. Sections 18-17-101 to 18-17-913) and the security-deposit subchapter (Sections 18-16-301 to 18-16-306). No notary or witness is required to sign an Arkansas lease. For the complete, customizable template, see the full Residential Lease Agreement template.

Arkansas Requirements for Residential Lease Agreement

Security Deposit Generally Capped at 2 Months' Rent

Under Ark. Code Ann. Section 18-16-304, a landlord generally may not collect a security deposit greater than 2 months' periodic rent. This cap does not apply to an individual landlord who owns 5 or fewer rental units and manages them without paid third-party help (Section 18-16-303).

Deposit Return Within 60 Days, Itemized

Where the deposit subchapter applies, Ark. Code Ann. Section 18-16-305 generally requires the landlord to return the deposit, together with a written itemization of any deductions for unpaid rent or damages, within 60 days after the tenancy ends. No statutory interest or escrow requirement applies.

Small-Landlord Deposit Exemption

Ark. Code Ann. Section 18-16-303 exempts an individual landlord (with spouse and minor children) who owns 5 or fewer dwelling units and does not use paid third-party management from the deposit cap and return-deadline rules entirely. Confirm whether this exemption applies before relying on the cap.

Federal Lead-Based Paint Disclosure

For any rental unit built before 1978, federal law (42 U.S.C. Section 4852d) requires the landlord to give the tenant an EPA-approved lead-based-paint pamphlet and a signed disclosure statement. Arkansas adds no further state-mandated lease disclosures.

No Statutory Entry-Notice Rule

Arkansas law contains no statute requiring a landlord to give advance notice before entering the rental unit. Because the law is silent, the lease should state the parties' own agreed notice practice to avoid later disputes.

No Statutory Late-Fee Cap or Grace Period

Arkansas sets no statutory cap on late fees and no mandatory grace period. Ark. Code Ann. Section 18-17-401 requires only that rent be paid at the time and place the parties agree, so any late-fee amount or grace period must be written into the lease itself.

Month-to-Month and Week-to-Week Termination Notice

Under Ark. Code Ann. Section 18-17-704, ending a month-to-month tenancy generally requires at least 30 days' written notice from either party, and ending a week-to-week tenancy generally requires at least 7 days' written notice.

No Rent Control or Just-Cause Eviction Statute

Arkansas has no statewide rent-control law and no just-cause-eviction statute. A fixed-term lease ends on its stated date unless renewed, and rent changes on a month-to-month tenancy are made through the 30-day termination-and-renewal notice under Section 18-17-704.

Frequently Asked Questions

An Arkansas lease should name the landlord and tenant, describe the rental address, state the rent amount and due date, set the deposit amount, and describe the tenancy term and how it ends. Arkansas imposes no state-mandated disclosures beyond the federal lead-based-paint disclosure for pre-1978 housing, so most of the required content comes from the parties' own agreed terms under Ark. Code Ann. Section 18-17-401.

For most landlords, Ark. Code Ann. Section 18-16-304 generally limits a security deposit to 2 months' rent. That limit does not apply, however, to an individual landlord who owns 5 or fewer rental units and manages them without paid third-party help (Section 18-16-303); a small self-managing landlord in that category faces no statutory cap.

Yes. You can generate a customizable Arkansas residential lease agreement at no cost using the full template, then fill in your rent, deposit, and term details. Attorney review is available afterward as an option if you want a lawyer to check the finished document.

No. A residential lease agreement in Arkansas does not need to be notarized or witnessed to be valid. It becomes binding once the landlord and tenant sign it. Some landlords choose notarization anyway for extra proof of signing, but it is not a legal requirement under Arkansas law.

Arkansas law sets no statute requiring a landlord to give advance notice before entering a rental unit. Because the law is silent, the lease itself is the place to agree on when and how the landlord may enter, and putting reasonable notice terms in writing helps avoid disputes.

Arkansas does not add its own mandated lease disclosures on top of federal law. The one disclosure that does apply statewide is the federal lead-based-paint disclosure, required whenever the rental unit was built before 1978.

A month-to-month tenancy in Arkansas generally continues until either the landlord or the tenant gives written notice ending it, and that notice must generally be given at least 30 days before the termination date under Ark. Code Ann. Section 18-17-704. A week-to-week tenancy instead needs at least 7 days' written notice.

Arkansas sets no statutory cap on late fees and no mandatory grace period before one applies. Ark. Code Ann. Section 18-17-401 simply requires rent to be paid at the time and place the parties agreed to, so any late fee or grace period should be written directly into the lease.