Arkansas Renter Rights: Know Your Legal Protections

If you rent your home or apartment in Arkansas, it's essential to know your legal rights and obligations. Arkansas has specific laws regarding tenants’ and landlords’ responsibilities, covering topics like rent increases, repairs, evictions, and more. This guide explains Arkansas renter protections using plain language, links to official resources, and covers the forms and laws you need to stay informed and protected.

Key Renter Rights and Responsibilities in Arkansas

Arkansas law covers many issues renters commonly face. Here are some major areas and what they mean for you:

Rental Agreements

• Lease Type: Your rental can be under a written lease or an oral (spoken) agreement.
• Required Disclosures: Landlords must disclose names of anyone authorized to manage the property and details about security deposits.

Always get your rental terms in writing whenever possible. Written leases clarify the rules for both parties and help resolve disputes.

Security Deposits

• Landlords with six or more units may require a security deposit, but it generally can’t exceed two months’ rent.
• Deposits must be returned within 60 days after tenancy ends, with an itemized statement if deductions are made.
• If you disagree with deductions, you can write a demand letter or consider small claims court.

Learn more from the Arkansas Attorney General’s Landlord-Tenant resource.

Repairs and Maintenance

• Arkansas does not have a statewide “implied warranty of habitability,” meaning the landlord is not always required by law to make repairs unless agreed upon in your lease.
• Municipalities may have local housing codes. Check with your city or county.

Rent Increases

• There are no statewide rent control laws in Arkansas. Rent increases must follow the terms of your lease.
• Landlords can increase rent after giving notice, typically the length of your rental period (e.g., 30 days for month-to-month tenants).

Eviction Rules

• Landlords must give proper notice to end a lease or evict a tenant. The most common cause is non-payment of rent.
• The eviction process typically requires a written notice and then, if unresolved, a court filing by the landlord.
• Arkansas has both civil and (unusually) criminal eviction processes^[1].

Important Forms and How Renters Use Them

• Warning to Vacate (10-Day Notice): If you’re behind on rent, landlords must give a written 10-day notice to vacate for non-payment before starting a criminal eviction. Use this time to pay your overdue rent or prepare for court.
  See template: 10-Day Notice to Vacate (Sample PDF)
• Unlawful Detainer Complaint (Official court form): If you remain after a notice expires, your landlord may file an Unlawful Detainer Complaint in your county court to begin civil eviction.
  • As a renter, you can respond by filing an Answer to Unlawful Detainer with your county clerk. This tells the court your side and can buy you more time.
  • Get forms and guidance from the Arkansas Judiciary Forms page.
• Small Claims Forms: If you need to recover a security deposit or damages, you can use small claims court forms.
  Learn more at the Arkansas District Court Small Claims Division.

Act promptly if you receive any legal notices, and consider seeking help if you’re facing eviction or other serious issues.

Which Agency Handles Landlord-Tenant Disputes?

Arkansas does not have a state housing tribunal. Most disputes go through your local Circuit Court or District Court, depending on the amount at stake.

Arkansas Laws Protecting Tenants

• The main law is the Arkansas Residential Landlord-Tenant Act (Ark. Code Ann. § 18-17-101, et seq.).
• Security deposit rules are under Arkansas Code § 18-16-301 et seq.
• Evictions are addressed in Arkansas Code § 18-60-304 et seq. (civil) and § 18-16-101 (criminal).

Frequently Asked Questions

1. Can my landlord evict me without a court order in Arkansas?
   No, a landlord must go through either a civil or criminal court process before evicting a tenant. Self-help evictions are not allowed.
2. How soon must my landlord return my security deposit?
   Landlords must return the deposit within 60 days of your lease ending if you meet all move-out requirements.
3. Do I have the right to withhold rent for repairs in Arkansas?
   No, Arkansas law does not give tenants an automatic right to withhold rent for repairs unless your written lease specifically allows this.
4. How much notice does my landlord need to give to increase rent?
   Unless your lease states otherwise, landlords must generally give written notice equal to your rental period—typically 30 days—to increase rent.
5. Who can I contact for help if I face illegal eviction or discrimination?
   Contact local legal aid, your city attorney, or the Arkansas Attorney General Consumer Protection Division.

Conclusion: Key Things to Remember

• Read and understand your lease, and always ask for changes in writing.
• Act quickly on notices and keep documentation.
• Know that Arkansas courts—not a housing board—handle tenant disputes.

Staying aware of your basic rights and duties can help prevent misunderstandings and protect your home.

Need Help? Resources for Renters

• Arkansas Attorney General Landlord-Tenant Information
• Arkansas Judiciary: Civil and Small Claims Forms
• Legal Aid of Arkansas — free legal services for eligible renters
• HUD: Arkansas Renters Resource Guide

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1. See Arkansas Code § 18-16-101 (Criminal Eviction Statute)
2. Arkansas Residential Landlord-Tenant Act
3. Arkansas Security Deposit Statute

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