Arkansas Renters’ Rights in Off-Base Military Housing

If you're stationed in Arkansas and renting off-base, knowing your legal rights can help you navigate situations like rent increases, repairs, or if you receive unexpected deployment orders. Arkansas has specific laws for renters, and as a military tenant, you also benefit from extra protections under federal law. This guide will outline what you need to know, including relevant forms, legislation, and where to get help.

Understanding Off-Base Military Housing and Your Rights

Renting an apartment, house, or other property off-base in Arkansas means your tenancy is governed by Arkansas landlord-tenant law, while also being protected by federal statutes like the Servicemembers Civil Relief Act (SCRA). Here are key things you should know as an Arkansas renter serving in the military:

Standard Rights and Duties Under Arkansas Law

• Your rental rights and responsibilities are covered by the Arkansas Residential Landlord-Tenant Act (see footnote 1)
• Landlords are generally required to keep plumbing, heat/cooling, and electrical systems in working order, but Arkansas law does not require most landlords to make all repairs unless stated in the lease
• Landlords must provide reasonable notice (usually 24 hours) before entering for maintenance or inspection
• If your lease contains early termination penalties or rules about breaking the agreement, SCRA may offer you additional protection as a servicemember

Key Federal Protections: Servicemembers Civil Relief Act (SCRA)

The SCRA allows military renters to break a lease without penalty if you:

• Enter active duty after signing the lease
• Receive Permanent Change of Station (PCS) orders
• Are deployed for 90 days or more

To use this protection, you must:

• Provide written notice of lease termination
• Include a copy of your military orders

Common Issues Military Renters Face

Military renters off-base in Arkansas often encounter:

• Unexpected deployment: Breaking a lease due to PCS or deployment is protected by federal law.
• Eviction concerns: Arkansas allows landlords to serve a 3-day notice for nonpayment. Legal process must be followed; as a servicemember, you may request a court stay under SCRA if you're unable to appear.
• Maintenance issues: Arkansas law has limited repair requirements, but your lease may contain stronger provisions. Clearly document issues and communicate in writing.
• Rent increases: There is no state cap on rent increases in Arkansas. Increases must follow the lease notice rules.

Important Official Forms and How to Use Them

• SCRA Lease Termination Notice
  • When to use: If you receive PCS or deployment orders or enter active duty after signing your lease
  • How: Write a letter to your landlord stating you’re terminating the tenancy under the SCRA. Attach a copy of your orders.
  • Download sample language and details from the U.S. Department of Justice SCRA page.
• Arkansas Court Forms for Eviction
  • If your landlord files for eviction, you may need to respond using an Answer Form or by appearing in court. Tenants can contact the Arkansas Judiciary for official court forms.

Always keep copies of what you submit and documents you receive.

Arkansas Tribunal for Rent Disputes

• The tribunal handling landlord-tenant matters is the Arkansas Judiciary - District Court (footnote 2), often called "District Court" or "Small Claims Court" for rental disputes.

Related Key Legislation

• Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code Ann. §§ 18-17-101 to 18-17-707)
• Servicemembers Civil Relief Act (SCRA), 50 U.S.C. §§ 3901-4043

FAQ: Renting Off-Base as a Military Tenant in Arkansas

1. Can I break my lease without penalty if I receive new deployment orders?
   Yes. Under the Servicemembers Civil Relief Act (SCRA), you may terminate your lease early without penalty for PCS, deployment of 90 days or more, or if you enter active duty after signing.
2. What notice must I give to my landlord to break the lease under SCRA?
   You must deliver written notice and a copy of your orders. The lease ends 30 days after the next scheduled rent is due.
3. What if my landlord tries to evict me while I’m on active duty?
   You have a right to ask the court for a delay (a "stay") of eviction proceedings by showing your duties materially affect your ability to appear.
4. Are there special protections for military renters about repairs?
   No special repair rules for military tenants, but your lease may have its own terms. Document all requests and issues in writing.
5. Which Arkansas agency can help with landlord-tenant disputes?
   The Arkansas Judiciary - District Court is the official venue for rental disputes. Free legal aid may also help (see below).

Need Help? Resources for Renters

• Arkansas Judiciary - District Court: Handles landlord-tenant cases & eviction
• U.S. Department of Justice – SCRA Info: Guidance and sample lease break letters for servicemembers
• Arkansas Legal Services: Free legal information and assistance for renters, including military families
• USA.gov Military Assistance Resources: Additional support for servicemembers and their families

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1. See: Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code Ann. §§ 18-17-101 to 18-17-707)
2. District Court information: Arkansas Judiciary
3. Federal protections: Servicemembers Civil Relief Act (SCRA), 50 U.S.C. §§ 3901-4043

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