Tenant Rights in Arkansas: Renting a New Property (2026)
Reviewed by DocDraft Legal Team · Arkansas · Last updated 2026-05-18
In Arkansas, every step of the renter life-cycle is controlled by Arkansas statute: disclosures at signing, deposit handling, landlord entry, habitability, rent-control coverage, and the eviction-notice clock. Two anchors orient the rest: deposit cap (2 months periodic rent) and entry-notice minimum ((see state code)). This guide details each step in the Arkansas sequence.
Key Considerations
Once a Arkansas tenant is in possession, the lease and the entry rules carry the day. On non-emergency access, (consult the state code) On the disclosure packet, (consult the state code)
Signing a lease in Arkansas starts with the security-deposit math. The statutory ceiling is the first number to confirm: 2 months periodic rent After the tenancy ends, the landlord owes the refund or itemized accounting on a defined clock. 60 days
When a Arkansas tenancy comes under stress, three rules carry the most weight. Habitability is the implied-warranty floor: (1) An available source of hot and cold running water; (2) An available source of electricity; (3) A source of potable drinking water; (4) A sanitary sewer system and plumbing that conform to applicable building and housing codes in existence at the time of installation; (5) A functioning roof and building envelope; and (6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement. Rent control or statewide cap determines whether rent itself is regulated: Prohibited The non-payment eviction notice sets the minimum cure window: 3 days
Relevant Laws
Arkansas Landlord-Tenant Law (A.C.A. § 18-17-101 et seq.)
This is Arkansas' primary landlord-tenant law that governs rental agreements, security deposits, and the rights and responsibilities of both landlords and tenants. Arkansas is unique as the only state that criminalizes failure to pay rent and does not imply a warranty of habitability in residential leases.
Arkansas Security Deposit Law (A.C.A. § 18-16-303)
This law limits security deposits to a maximum of two months' rent and requires landlords to return deposits within 60 days after the tenant vacates the premises. Landlords must provide an itemized list of deductions if any portion is withheld.
Arkansas Failure to Vacate Statute (A.C.A. § 18-16-101)
This controversial law makes it a criminal offense (misdemeanor) for tenants to fail to pay rent and then refuse to vacate the property after receiving a 10-day notice. Arkansas is the only state with such a law criminalizing non-payment of rent.
Arkansas Eviction Procedures (A.C.A. § 18-17-901 et seq.)
This law outlines the legal process landlords must follow to evict tenants. Arkansas offers landlords multiple eviction methods, including a civil eviction process and the unique criminal failure to vacate process, which can result in fines for tenants.
Arkansas Landlord's Lien Law (A.C.A. § 18-16-108)
This law gives landlords a lien on tenants' personal property for unpaid rent. This means landlords may have legal claim to a tenant's belongings if rent remains unpaid, though proper legal procedures must still be followed.
Arkansas Residential Landlord-Tenant Act of 2007
This act provides a framework for landlord-tenant relationships but notably does not include an implied warranty of habitability. Arkansas is the only state without this protection, meaning landlords are not legally required to maintain habitable living conditions unless specifically stated in the lease.
Regional Variances
Northwest Arkansas
Fayetteville has additional tenant protections through its housing authority. The city requires landlords to provide a more detailed move-in checklist than state law requires and offers mediation services for landlord-tenant disputes before they reach court.
Bentonville's rapid growth due to corporate headquarters has created a competitive rental market with higher than state average security deposit requirements. Local ordinances allow landlords to charge up to two months' rent as security deposit, compared to the typical one month elsewhere in Arkansas.
Central Arkansas
Little Rock has established a Landlord-Tenant Commission that provides additional resources for tenants, including a rental inspection program for properties in certain zones. The city also requires carbon monoxide detectors in rental units, which is not mandated by state law.
North Little Rock enforces stricter habitability standards than the minimal requirements under Arkansas state law. The city has a code enforcement division that tenants can contact directly about unsafe living conditions.
Northeast Arkansas
Jonesboro has implemented a rental property registration program requiring landlords to register their properties and pay annual fees. This program includes periodic inspections to ensure rental properties meet local housing codes, providing tenants with greater protections than state law.
Southern Arkansas
Pine Bluff has enacted local ordinances that require landlords to make certain disclosures about flood risks and previous property damage that go beyond state requirements. The city also offers a tenant assistance program for low-income renters.
El Dorado has local regulations requiring landlords to provide 72 hours notice before entering a rental property, which is more protective than Arkansas state law that does not specify required notice periods.
Suggested Compliance Checklist
Confirm the required disclosures are inside the lease packet, not just referenced in it
Before signing days after starting(consult the state code)
Pay only the deposit the law allows
Before signing days after starting2 months periodic rent
Photograph the unit before moving in and email the photo set to the landlord
At move-in days after startingThat timestamp anchors the deposit accounting at the end of the tenancy.
Push back in writing on any non-emergency entry that skips the statutory notice
Before signing days after starting(consult the state code)
Test the late-fee clause against the Arkansas statutory ceiling
Ongoing days after starting(consult the state code)
Send the landlord a dated written habitability complaint and store a copy with photos
Before signing days after starting(1) An available source of hot and cold running water; (2) An available source of electricity; (3) A source of potable drinking water; (4) A sanitary sewer system and plumbing that conform to applicable building and housing codes in existence at the time of installation; (5) A functioning roof and building envelope; and (6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement.
Map the unit's rent-regulation status before agreeing to any rent increase
As needed during tenancy days after startingProhibited
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the required disclosures are inside the lease packet, not just referenced in it | (consult the state code) | - | Before signing |
| Pay only the deposit the law allows | 2 months periodic rent | - | Before signing |
| Photograph the unit before moving in and email the photo set to the landlord | That timestamp anchors the deposit accounting at the end of the tenancy. | - | At move-in |
| Push back in writing on any non-emergency entry that skips the statutory notice | (consult the state code) | - | Before signing |
| Test the late-fee clause against the Arkansas statutory ceiling | (consult the state code) | - | Ongoing |
| Send the landlord a dated written habitability complaint and store a copy with photos | (1) An available source of hot and cold running water; (2) An available source of electricity; (3) A source of potable drinking water; (4) A sanitary sewer system and plumbing that conform to applicable building and housing codes in existence at the time of installation; (5) A functioning roof and building envelope; and (6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement. | - | Before signing |
| Map the unit's rent-regulation status before agreeing to any rent increase | Prohibited | - | As needed during tenancy |
Frequently Asked Questions
3 days.
Prohibited.
consult the state code. Source: (see state code).
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