Renting Out Your Property in Arkansas: A Guide for Landlords

In Arkansas, a valid lease agreement should include the names of all parties, property address, lease term, rent amount, security deposit details, maintenance responsibilities, and rules regarding entry to the property. While oral leases can be valid for terms less than one year, written leases are strongly recommended to avoid disputes. Arkansas follows the Uniform Residential Landlord and Tenant Act, which provides the legal framework for rental relationships.

Arkansas law does not set a maximum limit on security deposits for residential properties. However, landlords typically charge between one and two months' rent. You must return the security deposit within 60 days after the tenant moves out, along with an itemized list of any deductions. If you fail to comply with these requirements, you may be liable for damages up to twice the amount wrongfully withheld.

As an Arkansas landlord, you must maintain the property in a habitable condition, including maintaining electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems. You must also comply with applicable building and housing codes. However, Arkansas is unique in that it's the only state that doesn't imply a warranty of habitability in residential leases, giving landlords more flexibility but still requiring basic maintenance standards to be met.

Arkansas law requires landlords to provide at least 24 hours' notice before entering a tenant's unit for non-emergency reasons, such as repairs or showings. The notice should specify the purpose of entry and the intended time. For emergencies that threaten the property or safety, you may enter without notice. Always include entry provisions in your lease agreement to avoid disputes.

Arkansas offers landlords two eviction methods: civil eviction and criminal eviction (unique to Arkansas). For civil eviction, you must provide a written notice (typically 3 days for non-payment of rent), file an unlawful detainer action if the tenant doesn't comply, and attend a court hearing. The criminal eviction process (failure to vacate) makes it a misdemeanor for tenants to remain after proper notice. However, the criminal process is controversial and not available in all counties. Consult with an attorney before proceeding with any eviction.

No, Arkansas landlords must comply with the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. While Arkansas doesn't have additional state-level protections, federal law applies throughout the state. Violations can result in significant penalties, including fines and damages. Always establish clear, non-discriminatory tenant selection criteria based on factors like credit history, income verification, and rental history.

Arkansas doesn't have a statewide landlord registration requirement. However, some municipalities may have local registration or licensing requirements. Check with your local city or county government to determine if any local regulations apply. Additionally, if you're operating rental property as a business entity, you may need to register with the Arkansas Secretary of State. Property managers who handle rentals for others typically need a real estate license in Arkansas.

Rental income in Arkansas is subject to federal income tax and Arkansas state income tax. You can deduct expenses such as mortgage interest, property taxes, insurance, repairs, and depreciation. Arkansas also has property taxes that vary by county and municipality. If your property is in a different county from your primary residence, be aware that non-owner-occupied properties may be assessed at a higher rate. Consider consulting with a tax professional familiar with Arkansas tax laws to maximize deductions and ensure compliance.

Arkansas law doesn't specifically mandate that landlords provide particular amenities or utilities. The lease agreement should clearly state which utilities are the landlord's responsibility and which are the tenant's. If you do provide utilities, you must maintain them in working order. While Arkansas doesn't have an implied warranty of habitability, basic services like water, heat, and electricity are generally expected for a property to be considered livable. Always specify utility responsibilities in your lease agreement.