Tenant Rights and Responsibilities in Arkansas: A Guide for New Renters

In Arkansas, tenants have the right to a habitable dwelling, privacy, and protection against illegal discrimination. However, Arkansas tenant laws tend to favor landlords more than in many other states. You have the right to proper notice before eviction (typically 3 days for non-payment of rent), the right to retrieve abandoned property in some circumstances, and protection against retaliatory actions by landlords. Unlike many states, Arkansas does not have an implied warranty of habitability in state law, making it the only state without this protection.

Arkansas does not legally require a written lease agreement, but having one is strongly recommended to protect both parties. Oral agreements are legally binding for leases less than one year, but they're difficult to enforce if disputes arise. A written lease clearly outlines responsibilities, rent amounts, lease duration, and other important terms. If you don't have a written lease, you're considered a month-to-month tenant under Arkansas law, which provides less stability as the landlord can terminate with just 30 days' notice.

Arkansas law limits security deposits to no more than two months' rent for unfurnished properties. For furnished properties, the limit is higher at three months' rent. Landlords must return your security deposit within 60 days after you move out. They can deduct for unpaid rent, damages beyond normal wear and tear, and other breaches of the lease agreement. If the landlord fails to return your deposit or provide an itemized list of deductions within the required timeframe, you may be entitled to recover the full amount.

Arkansas law does not specifically address landlord entry rights, which means there's no statutory requirement for advance notice before a landlord enters your rental unit. However, your lease may include provisions about notice requirements. Even without specific laws, landlords generally have an implied duty to provide reasonable notice (typically 24-48 hours) before entering except in emergencies. If your landlord repeatedly enters without notice, you may have a claim for breach of your right to quiet enjoyment of the property.

Arkansas is unique in that it does not have an implied warranty of habitability in state law. This means landlords are not automatically required to maintain rental properties in a habitable condition unless specified in your lease. However, local housing codes may still require certain standards. If repairs are needed, submit requests in writing and keep copies. If your landlord refuses to make essential repairs, your options are limited compared to other states. You generally cannot withhold rent or make repairs and deduct the cost from rent unless your lease specifically allows these remedies.

Arkansas law does not have specific anti-retaliation provisions protecting tenants who complain about housing conditions. This means landlords could potentially terminate a tenancy or raise rent after a tenant makes complaints about conditions. However, if your lease contains provisions against retaliation, these would be enforceable. Additionally, if you can prove the landlord's actions were discriminatory under fair housing laws, you may have legal recourse. Document all communications with your landlord and consider consulting with a tenant rights organization if you believe you're facing retaliation.

Arkansas has some of the strictest eviction laws in the country and is the only state where failure to pay rent can be a criminal offense under the 'failure to vacate' statute. Landlords can give just 3 days' notice for nonpayment of rent before filing for eviction. Arkansas also has a 'civil eviction' process and an 'unlawful detainer' process. The state does not provide a legal right to cure lease violations in most cases. If you receive an eviction notice, seek legal assistance immediately, as the timelines for response are very short.

Responsibility for lawn maintenance and utilities depends on your lease agreement. In Arkansas, unless specified otherwise in your lease, tenants are typically not responsible for major maintenance issues, but may be responsible for routine yard work and minor maintenance. Regarding utilities, your lease should clearly state which utilities you're responsible for paying. If the lease is silent on these matters, the landlord would generally be responsible for lawn care, while standard practice is for tenants to pay for utilities like electricity, gas, and water.

If you have a fixed-term lease (such as a one-year lease), your landlord cannot raise the rent until the lease term expires, unless the lease specifically allows for rent increases. For month-to-month tenancies, landlords in Arkansas can increase rent with just 30 days' notice. Arkansas does not have rent control laws, so there are no limits on how much a landlord can increase rent. However, rent increases cannot be discriminatory or retaliatory in nature.