Challenging Illegal Rental Fees in Arkansas: A Renter’s Guide

If you’re renting in Arkansas and notice extra charges or suspicious fees on your rent bill, you may be wondering what your rights are. Understanding which fees are legal, and how to formally challenge those that aren’t, can help you keep more money in your pocket and maintain good standing with your landlord. This guide will walk Arkansas renters through the process, highlighting key state laws, official forms, and resources you can rely on.

Understanding Rental Fees in Arkansas

The State of Arkansas does not limit how much a landlord can charge for rent or most fees, but any fee must be:

• Disclosed clearly in your written lease agreement
• Allowed under Arkansas state law and not prohibited by your rental contract

Certain fees, like late fees or certain move-in charges, must be reasonable and not considered a penalty. For example, under the Arkansas Residential Landlord-Tenant Act, landlords must act in good faith and provide notice of charges^[1].

What Counts as an Illegal Fee?

A fee may be illegal if it:

• Is not listed in the lease agreement
• Is much higher than allowed by law or your lease
• Punishes you for actions not prohibited in the Arkansas Residential Landlord-Tenant Act

Common examples of potentially illegal fees include:

• Excessive late fees (especially if they are not specified in your lease)
• Fees for normal wear-and-tear or maintenance that is the landlord’s responsibility
• Unexplained or unexpected “administration” or “processing” charges

How to Dispute an Illegal Fee

If you believe you’ve been charged an illegal fee, you should:

• Carefully review your lease and make note of all listed charges
• Compare the fees on your current bill to what’s allowed in the lease and by law
• Gather all documents: lease agreement, rent receipts, and correspondence
• Contact your landlord in writing to request clarification and dispute the fee

If your landlord refuses to remove an unlawful fee or does not respond, you have options for taking further action.

Using Official Forms: The Complaint Process

There is no specific statewide “tenant complaint” form in Arkansas, but you may file a consumer complaint with the Arkansas Attorney General’s Office - Consumer Protection Division.

• Form name: Consumer Complaint Form
• When to use: If you’ve exhausted other options and believe your landlord is violating state laws or your lease.
• How to use: Complete the online form or download, print, and mail it. Include details, documents, and a copy of your lease with the complaint. The Attorney General's office will review the complaint and may contact your landlord on your behalf.
• Access the official Consumer Complaint Form

Where to Get Legal Help or Mediation

Tenants may seek free or low-cost legal advice through:

• Arkansas Legal Services
• Local city or county housing offices

Tip: Always keep written records and copies of all communication with your landlord. Written documentation will support your case if you need to escalate the dispute.

Which Tribunal Deals with Tenancy Disputes?

Arkansas does not have a specialized landlord-tenant tribunal. Disputes that cannot be resolved with your landlord may be brought to your local Arkansas District Court. The courts can adjudicate cases involving unlawful fees, lease violations, or other tenancy rights. Be prepared to show evidence, documentation, and relevant sections of the law.

Find your local district court at the Arkansas District Court Directory.

Relevant Arkansas Rental Laws

• Arkansas Residential Landlord-Tenant Act of 2007 (Act 1676 of 2007, codified at Ark. Code Ann. § 18-17-101 et seq.)
• Arkansas Code § 18-17-501 – Security Deposits

FAQ: Challenging Fees and Your Rights in Arkansas

1. What fees are landlords allowed to charge in Arkansas?
   Landlords can charge fees listed specifically in your lease and not prohibited by Arkansas law, including application fees, reasonable late fees, or pet deposits.
2. Can my landlord charge me for repairs?
   They may only charge you for damages beyond normal wear-and-tear or repairs you caused. Routine maintenance is usually the landlord’s responsibility.
3. How can I file an official complaint about illegal rental fees?
   You can file a complaint through the Arkansas Attorney General’s Consumer Protection Division.
4. What do I do if the dispute isn’t resolved?
   If your landlord will not address the issue, you can file a claim in your local district court using your documentation as evidence.
5. Is withholding rent allowed if I’m charged an illegal fee?
   No. Arkansas law does not permit withholding rent, even if you dispute a fee. Always pay your base rent while contesting charges separately.

Key Takeaways for Arkansas Renters

• Review all charges and your lease carefully before paying suspicious fees
• Dispute any illegal fee in writing and keep good records
• Use official forms and contact Arkansas authorities if your dispute cannot be resolved with your landlord

By following these steps, you can protect yourself from illegal charges and uphold your rights as a renter in Arkansas.

Need Help? Resources for Renters

• Arkansas Attorney General’s Consumer Protection - File complaints or ask questions
• Arkansas Legal Services - Free legal help for eligible renters
• Arkansas District Court Directory - Find your court for unresolved disputes

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1. See Arkansas Residential Landlord-Tenant Act, Ark. Code Ann. § 18-17-101 et seq.
2. Security deposit statute: Arkansas Code § 18-17-501
3. Arkansas Courts directory: Arkansas District Court Directory

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