Rules For Landlords in Arkansas
The landlord and tenant laws in Arkansas provide landlords with extensive rights and tenants with fewer protections than found in landlord and tenant laws in many other states. In the majority of jurisdictions, landlords are required to provide their tenants with habitable premises fit for occupancy. However, in Arkansas, landlords are not required to deliver habitable premises. Landlords have no duties to make repairs or provide clean water or heating, absent a written agreement to do so.
Security Deposits
Arkansas landlords can collect security deposits from their tenants without limits. Thus, landlords can charge any amount they wish as an upfront deposit, unless they own six or more apartments or hire a third-party property manager to take care of their properties. Landlords who own six or more rental properties or hire third-party managers cannot collect more than two months of rent for their security deposits, and they must return their tenants' security deposits within 30 days of termination.
If a landlord fails to return a tenant's security deposit, minus damages, unpaid rent and late fees, an Arkansas court can order her to pay damages equal to double the security deposit, court costs and attorneys' fees. However, landlords who own five or fewer rentals are not required to comply with the Arkansas security deposit laws.
Duty of Habitability
Under Arkansas law, tenants rent their properties in "as-is" condition. This means that if they rented homes without plumbing or running water, they cannot sue their landlords to provide plumbing or potable water. Landlords are not required to provide any maintenance or necessary repairs, unless they specifically agree to provide them in writing.
Thus, if tenants do not have written lease agreements with their landlords, their landlords do not have to provide them with ongoing repairs, even if they orally promised to do so. Tenants cannot withhold their rent using a repair and deduct remedy if their landlords fail to provide repairs, even if they agreed to do so in writing. Instead, they must sue the landlord in small claims court or in courts of general jurisdiction for damages or specific performance.
Evictions
Arkansas landlords can evict their tenants by providing written notice. Under Arkansas law, a tenant who illegally "holds over" or fails to vacate his property faces criminal prosecution. After a landlord provides her tenant with a 10-day written eviction notice, her tenant must move within 10 days or face criminal penalties, including imprisonment and fines. However, landlords must provide their tenants with a 14-day written eviction notice for failure to comply with a rental agreement. If a tenant fixes the problem within 14 days, his landlord cannot evict him. Otherwise, he has 14 days to move or risk criminal charges.
For tenants who fail to pay rent, landlords do not have to provide a written notice of eviction before evicting them. Instead, they can force eviction five days after rent was due.
Abandonment
Under Arkansas law, landlords can sell their tenants' abandoned property without providing notice or an opportunity to retrieve their belonging. After one day, landlords can sell their abandoned property or throw it away without prior notice or permission. Furthermore, landlords have the option of safeguarding their tenants' property in storage units, and they may sue for their storage rental expenses and any unpaid rent.
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