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