Arkansas Rental Smoking Policies: What Renters Need to Know

When moving into a new rental in Arkansas, understanding the property’s smoking policy is just as important as knowing about maintenance, deposits, or repairs. Whether you’re a smoker or prefer a smoke-free home, Arkansas law governs what landlords can require and what your rights are as a renter regarding smoking in rental units.

Arkansas Laws on Smoking in Rental Units

In Arkansas, there is no statewide law that prohibits or regulates smoking in private residential rental units. This means that individual landlords and property managers set the smoking policies for their properties. These policies are typically outlined in your lease agreement. You may encounter:

• Completely smoke-free buildings or units
• Designated smoking areas in or around the property
• No formal smoking policy at all

Tip: Always review your lease agreement for any mention of smoking rules before you sign. If you’re unsure, ask your landlord for clarification.

Can Landlords Ban Smoking?

Yes. Landlords in Arkansas can prohibit smoking within their units or buildings. This is allowed under the Arkansas Clean Indoor Air Act (which addresses public spaces but gives landlords leeway on private policies) and Arkansas landlord-tenant law, as long as the rules are clearly disclosed in your written lease¹.

What Your Lease Should Say

Your rental agreement is the primary document that sets out the smoking policy. It may include details about:

• Whether or not smoking is permitted inside the unit
• Where designated outdoor smoking areas (if any) are located
• Penalties for violating the smoking policy (such as cleaning fees or eviction)

If your lease does not mention smoking, you can assume the default is allowed—until the lease is amended. This should be done in writing, and both you and your landlord must agree to and sign any changes.

Your Rights and Responsibilities

As a renter in Arkansas, it’s important to know both your rights and what’s expected of you regarding smoking:

• Right to Quiet Enjoyment: Arkansas law gives you the right to quietly enjoy your home. If secondhand smoke from another unit affects your health or use of the property, you may be able to ask your landlord to intervene.
• Following the Lease: If your lease prohibits smoking and you smoke inside, you could face lease violations, cleaning costs, or even eviction depending on the landlord’s enforcement policy.

If you have a medical condition aggravated by smoke, consider raising the issue—your landlord may offer solutions or reasonable accommodations, in compliance with the Fair Housing Act for disability concerns.

What Happens if You Violate a Smoking Policy?

Violation of a no-smoking policy in Arkansas may result in:

• Written warnings
• Charges for cleaning or repairing smoke damage
• Notice to cure the violation or face eviction

Any action taken must follow notice procedures under the Arkansas Residential Landlord-Tenant Act.²

Inspections, Disclosures & Official Forms

Arkansas law does not mandate specific inspections or disclosures related to smoking. However, during your move-in inspection, note any signs of prior smoke damage and document them on your move-in checklist form. You may use the standard Arkansas Move-In/Move-Out Checklist

• Form Name: Arkansas Tenant-Landlord Checklist
• When to Use: Complete with your landlord during move-in and again at move-out to document the unit’s condition, especially any evidence of smoking damage.

Access the official checklist from the Arkansas Attorney General’s Office.

Who Handles Rental Disputes in Arkansas?

Arkansas does not have a statewide landlord-tenant board. Disputes about lease violations or smoking-related issues are typically handled in your county’s circuit court. You can find your local court via the Arkansas Judiciary Circuit Courts Directory.

If you believe a landlord is unfairly enforcing (or failing to enforce) a smoking policy or retaliating for a complaint, you may seek help through the Arkansas Attorney General’s Consumer Protection Division.

FAQ: Arkansas Rental Smoking Policies

1. Can a landlord ban smoking in all apartments in Arkansas?
   Yes. Landlords can prohibit smoking in all units or buildings as long as the rule is clearly stated in the lease and applied fairly to all tenants.
2. What should I do if my neighbor's smoke is bothering me?
   First, respectfully discuss the issue with your neighbor or landlord. If the situation continues, contact your landlord in writing to request assistance, citing your right to quiet enjoyment.
3. Are there official forms I need to complete if my landlord changes the smoking policy?
   If your landlord wants to change the smoking policy during your tenancy, both parties should sign a written lease amendment. No specific government form is required, but it should be documented in writing.
4. Can I be evicted for breaking a no-smoking rule?
   If violating the smoking rule is a breach of your lease, and you do not comply with warning or request to stop, you may be subject to eviction. Notice and court procedures must be followed.
5. Is secondhand smoke considered a health or disability issue under Arkansas law?
   It may be if you have a medical condition. Landlords are encouraged (and under some situations required) to make reasonable accommodations, consistent with the Fair Housing Act.

Conclusion: Key Takeaways for Arkansas Renters

• Smoking rules in rentals are set mainly by your landlord, not by state law
• Always check your lease for smoking clauses before you move in
• Document the unit's condition at move-in and report any smoking policy issues in writing

Stay informed and ask questions to ensure your living environment aligns with your preferences and rights.

Need Help? Resources for Renters

• Arkansas Attorney General – Tenant & Landlord Resources
• Arkansas Circuit Courts Directory
• Federal Fair Housing Act (for disability accommodations)

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1. Arkansas Clean Indoor Air Act - Housing Guidance
2. Arkansas Residential Landlord-Tenant Act

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