Arkansas Renters: Mold Issues and Your Tenant Rights

Mold is more than just an inconvenience for Arkansas renters—it can pose serious health risks for you and your household. If you have found mold in your rental home, it’s important to know your rights and understand what the law says about your landlord’s responsibilities in Arkansas. This guide explains the basics, points to official resources, and shares practical steps for addressing mold problems in rental properties.

Understanding Mold Problems in Arkansas Rentals

While Arkansas law does not have specific mold regulations for private residential rentals, certain safety and habitability requirements still apply. Issues that impact health—like water leaks and visible mold—may violate local housing codes or minimum safety standards. As a renter, you should know what landlords are required (and not required) to do and how you can request repairs or remediation.

Landlord Responsibilities Under Arkansas Law

Arkansas is unique because it does not have a broad statewide “implied warranty of habitability.” But, according to the Arkansas Residential Landlord-Tenant Act of 2007, landlords must:

• Keep the electrical, plumbing, heating, and ventilating systems in good working order
• Maintain the premises as required by your written lease agreement
• Follow local housing or building codes (when such codes exist in your city or county)

If mold is caused by a leaking pipe, roof, or broken appliance, the landlord may be responsible for making repairs. However, if mold results from the tenant’s actions (like failing to use provided ventilation), you may need to address it yourself.

What To Do If You Find Mold in Your Apartment

If you discover mold, act quickly to limit health risks and damage. Here’s what you can do:

• Document the problem: Take photos or videos of visible mold and water leaks
• Check your lease: Review your rental agreement for maintenance responsibilities and reporting procedures
• Notify your landlord in writing: Send a dated letter or email describing the issue and requesting prompt repairs
• Keep records: Save all communications and copies of submitted forms

Reporting Mold to Your Landlord

• Arkansas Notice to Landlord of Defective Condition (no official state form number):
  • When to use: Send this written notice if you discover mold caused by a repair issue (such as plumbing leaks)
  • How to use: Describe the issue, request repairs, and retain proof of delivery (certified mail or email). Sample template and instructions may be found via the Arkansas Attorney General's Consumer Protection site.
  • Official Source: Arkansas Attorney General – Tenant Resources

Arkansas does not provide a standard complaint form for habitability repairs, but documenting your complaint is essential if you need to escalate the issue.

If Problems Aren't Fixed: Local Code Enforcement

In some Arkansas cities and counties, local housing or building codes require landlords to provide safe and livable housing. If a landlord does not address mold caused by improper maintenance, you may contact your city or county code enforcement office. Each locality will have its own process; check your city’s official website for contact information and complaint forms.

Mold and Health: Protecting Yourself

Mold exposure can cause allergic reactions, asthma attacks, and other health concerns. If you or a family member experience symptoms, consider seeking local or state health department guidance. You can find renter resources via the Arkansas Department of Health.

Which Tribunal Handles Housing Disputes in Arkansas?

Arkansas housing disputes are generally handled in Arkansas District Court – Civil Division. For repairs, habitability, or security deposit claims, tenants may file a civil claim in their local district court. See the Arkansas Judiciary District Court Locator for contact details and filing information.

Arkansas Laws That Apply

• Arkansas Residential Landlord-Tenant Act of 2007
• Arkansas Attorney General Tenant Rights Overview

Familiarize yourself with these laws to better understand your rights and responsibilities.

Frequently Asked Questions

1. Does Arkansas law require my landlord to remove mold?
   Arkansas law does not specifically require landlords to remove mold, but they must fix or maintain systems (like plumbing or roofing) that may cause it, as spelled out in your lease or local codes.
2. What if my landlord ignores my mold complaint?
   If written notification and local code enforcement do not resolve the issue, you may consider a small claims action in District Court for damages or repairs.
3. Can I withhold rent if my rental has mold?
   Arkansas law does not permit tenants to withhold rent for unresolved repairs, including mold, unless specified in your lease. Nonpayment risks eviction.
4. Where do I file a complaint for unresolved mold issues?
   Contact your local code enforcement office or file a civil claim at your nearest Arkansas District Court.
5. Does my lease override state landlord duties about mold?
   The terms of your lease may define certain maintenance responsibilities. However, local codes or the Residential Landlord-Tenant Act could still apply.

Key Takeaways for Arkansas Renters

• Arkansas has limited mold-specific rental protections, but landlords must fix systems that can cause mold under law or lease
• Always document mold issues and notify your landlord in writing
• Use local code enforcement and district courts if issues aren't resolved

Understanding your lease and Arkansas law is the best way to protect your health and rental rights.

Need Help? Resources for Renters

• Arkansas Attorney General – Tenant Rights: Information and sample letters for renters
• Arkansas District Courts – Civil Division: Directory for filing small claims, repair, or damages disputes
• Arkansas Department of Health: Advice on health issues related to mold
• Contact your city or county housing/code enforcement office for local housing complaints

---

1. Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code Ann. § 18-17-101 et seq.)
2. Arkansas Attorney General – Tenant Resources
3. Arkansas District Courts Directory
4. Arkansas Department of Health

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations