What a Landlord Cannot Do in Arkansas: Essential Tenant Rights Guide

Becoming a landlord in Arkansas can be a lucrative endeavor. Arkansas landlords can have a steady stream of passive income and lowered taxes. However, all landlords in Arkansas must abide by Arkansas rental laws. To help you determine if becoming a landlord is a viable option, we’ve compiled a list of what a landlord cannot do in Arkansas. This guide can help ensure you follow Arkansas law.

#1: Evicting a Service Member For Unpaid Rent is Not Allowed

You can’t evict an active duty service member because of unpaid rent. The Servicemembers Civil Relief Act (SCRA) stipulates that landlords and property owners aren’t permitted to evict military tenants if they’re on active duty. The eviction process can only continue with a court order, which can be time-consuming and costly.

However, this SCRA protection is only limited to eviction due to unpaid rent. Other material breaches of the written lease agreement, like having more permanent residents than what’s allowed and having pets even though it’s prohibited, are valid reasons for eviction.

#2: A Lease Agreement is Required for Lease Terms of More Than One Year

According to Arkansas law, you need a written lease agreement if the lease term is over one year. While not mandated according to Arkansas Landlord-Tenant law, a written lease is still recommended regardless of the lease tenure. This contract proves both parties agreed upon all terms.

Arkansas Landlord-Tenant law stipulates that the landlord can include portions they consider necessary in the contract. In general, here’s a list of portions usually included in a rental agreement:

• Rent costs
• Lease term duration
• Property description
• Security deposit guidelines
• Rent payment conditions
• Subleasing (if allowed)
• Who’s responsible for repairs and utilities

#3: Arkansas Landlord-Tenant Law Bans Unlawful Entry

Arkansas law mandates landlords not to enter the rental property whenever they want. The tenant gets to choose when the landlord is permitted to enter the premises, and there should be at least a 24-hour notice before the landlord enters. Why? All tenants are entitled to quiet enjoyment.

Arkansas Landlord-Tenant law says that the landlord should have a just reason for going inside the property. Acceptable reasons include property inspections to determine certain conditions and necessary repairs, checking for potential lease violations, investigating criminal activity, and showing the property to new potential tenants.

#4: Self-Help Evictions Are Not Allowed

According to Arkansas law, there are things landlords cannot do to force people out after lease termination. Landlords in Arkansas can’t change locks, remove doors from the rental unit, and sever access to essential utilities like electricity and clean water.

The landlord should provide notice for one rental period so the tenant has enough time to vacate the premises. The notice should be written to serve as potential evidence at a small claims court if any party chooses to sue the other.

#5: Repair Requests Must Be Taken Care Of

The lease agreement dictates which repair responsibilities fall under the landlord and which ones the tenant must take care of. Arkansas Landlord-Tenant law says the landlord should give their occupants a habitable living environment. Unless clearly stated in the lease agreement, the landlord is tasked with necessary repairs to ensure the property is safe and habitable.

If the rental unit is leased ‘as is,’ the landlord still has to ensure that it abides by building codes and ensures health and safety. Tenant rights dictate that the unit should be safe to live in despite what’s written in the lease agreement.

#6: There Should Be a Notice for Rent Increases

Inflation can affect property upkeep, and Arkansas law permits rental increases. Before an increase in rent is allowed, the landlord must provide a written rent increase notice at least one rental period before the increase occurs. The notice should be written regardless of whether the rental agreement is written or verbal.

The notice allows the tenant to assess whether they can afford to pay rent. This period permits them to look for alternative living spaces or prepare the money to pay rent on time.

#7: Subleasing is Subject to Landlord Approval

Fortunately, tenants can opt for subleasing to pay rent on time. The third party can help ensure that the tenant has the means to pay rent within the agreed period. However, they must secure the landlord’s green light before offering the unit to others. There is usually a discussion involved to clarify the subleasing conditions.

#8: Guidelines on Abandoned Property Must Be Respected

Arkansas rental laws stipulate that personal property left after the lease termination is considered abandoned property. Arkansas landlords can use or throw away these items as they see fit. However, these items must have been left behind after the tenant left the rental unit. Landlords in Arkansas aren’t allowed to choose property of tenants they like for their amusement.

#9: Security Deposits Are Regulated

Arkansas Landlord-Tenant law says that landlords in Arkansas can only charge a maximum of two months’ rent as a security deposit for unfurnished units. For furnished units, they can charge up to an equivalent of three month’s rent. However, the security deposit must be returned 60 days after the lease is terminated.

If the security deposit is deducted, the landlord is tasked with itemizing and justifying them accordingly. Acceptable reasons to reduce the security deposit include unpaid utilities and property damage beyond the usual wear and tear.

#10: Tenants Should Pay Rent at the Beginning of the Month

As with most states, Arkansas law states that the rent should be paid at the start of the month unless otherwise stated in the lease agreement. Arkansas landlords aren’t required to issue a rent receipt for every month paid. However, this practice is recommended for documentation purposes.

As of now, Arkansas landlords don’t have regulations on how much they’re permitted to charge. However, it’s assumed that the rent charge is reasonable for potential tenants to afford their rental units. Moreover, Arkansas law says that landlords can increase rent whenever they please as long as the tenant is given enough time to prepare for the hike.

Conclusion

All landlords in Arkansas must abide by Arkansas landlord-tenant law to avoid legal trouble. Violating the law, including the SCRA, can have expensive consequences. Fortunately, you can verify a person’s military status with SCRACVS. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

What rights do tenants have in Arkansas?

Tenant rights include quiet enjoyment, essential utilities, and a habitable living environment. The security deposit should be returned within 60 days after the lease termination, and deductions must be itemized.

What is considered landlord harassment in Arkansas?

Landlords in Arkansas cannot resolve to retaliate and verbal abuse when collecting rent from tenants or fulfilling their landlord responsibilities. Entering the property to show prospective or actual purchasers the place without the tenant’s permission is also illegal.

Can a landlord enter without permission in Arkansas?

No, Arkansas landlord-tenant laws require the landlord to obtain the tenant’s permission to enter the premises. However, exceptions are acceptable for emergency cases.

Can a landlord lock you out in Arkansas?

No, tenant rights consider locking one out as retaliation. Regardless of whether the tenant violated the lease terms, the eviction process should abide by Arkansas law.

Can a landlord use “self-help” methods to force me out of the rental property?

No, according to Arkansas landlord-tenant law, self-help methods are considered illegal. The landlord must respect Arkansas laws when evicting a tenant.

Is a landlord allowed to keep my security deposit without explanation?

No, the landlord must justify and document any deductions made to the security deposit. The tenant has the right to contest any deductions to the security deposit.