Implied Warranty of Habitability for Arkansas Renters

If you rent a home or apartment in Arkansas, you may wonder about your rights when it comes to your landlord’s responsibility for repairs, maintenance, and safe living conditions. In many states, landlords have a legal duty called the implied warranty of habitability. This means they must keep your rental property safe, sanitary, and fit to live in—but Arkansas law treats this issue differently from most other states.

What Is an Implied Warranty of Habitability?

This legal concept requires landlords to maintain rental units in livable condition. In most states, this means landlords must ensure basic repairs, heating, electricity, plumbing, and protection from serious hazards. However, Arkansas is unique: it does not offer an implied warranty of habitability in its statewide landlord-tenant laws.

How Arkansas Law Handles Habitability

The primary law governing rental housing here is the Arkansas Residential Landlord-Tenant Act of 2007.^[1] Unlike most other states, Arkansas does not require landlords to make general repairs or guarantee livable conditions unless the rental agreement specifically states otherwise.^[2]

• Landlords must comply with building and housing codes, but ONLY in local areas that have adopted them.
• There is no State Housing Tribunal. Disputes may go through district courts or the Arkansas Judiciary.
• Some cities—like Little Rock or Fayetteville—may have additional ordinances enforcing property standards. Renters should check with their city housing office.

What Responsibilities Do Arkansas Landlords Have?

• Follow any written terms in the lease about repair or maintenance.
• Obey local housing codes (if adopted by your city/county).
• Keep common areas (like hallways, stairs) clean and safe IF the lease or local code requires it.

If your landlord promises something in writing—such as making repairs—that written agreement is binding under Arkansas law.

What About Unsafe or Unsanitary Conditions?

If your home poses health or safety risks due to your landlord’s action or inaction, your options are limited by Arkansas law. State law does not automatically let you withhold rent, break your lease, or sue for repairs. However, you can still:

• Contact your local code enforcement or health department if your city has housing or building codes.
• Seek help from city agencies for immediate health hazards.
• Request repairs in writing, keeping copies for your own records.

Some issues—such as the presence of mold, vermin, or lack of heat—can be reported to your city or county if those codes exist in your area.

Official Forms and Practical Steps for Arkansas Renters

Arkansas does not provide statewide tenant complaint or repair request forms. Each locality may offer unique documents. If your city provides an Official Code Violation/Complaint Form (no statewide form number):

• Use: File a complaint about unsafe, unsanitary, or code-violating conditions with your local code office.
• Practical Example: If your heater is broken and your landlord ignores your request, fill out your city’s complaint form and submit with evidence (photos, written requests).
• Little Rock Code Enforcement – Submit a Complaint

Check your local government website or city housing office for links, instructions, and submission details.

What Should Renters Do If Repairs Are Needed?

• Make your request to your landlord in writing (email, letter), clearly stating what needs to be fixed and when you reported the problem.
• Keep a copy of your request for your records.
• If it’s an emergency or a violation of local code, contact your city code office; provide documentation such as photos or witness statements.
• For serious disputes, you may seek advice, free mediation, or legal aid from organizations like Legal Aid of Arkansas.

Relevant Agencies and Tribunal Information

• Arkansas Judiciary (District Courts) – Handles landlord-tenant disputes, code violations, and eviction hearings.
• City building or code enforcement offices (e.g., Little Rock Code Enforcement)

FAQ: Arkansas Renters and Habitability Rights

1. Do Arkansas landlords have to make repairs by law?
   In most areas of Arkansas, there is no statewide law requiring general repairs unless the lease says so. However, landlords must follow local codes where they exist.
2. Can I withhold rent if my landlord refuses repairs?
   No. Under Arkansas law, renters cannot withhold rent or "repair and deduct" for repairs that aren't made. Not paying rent may result in eviction.
3. What should I do if my apartment is unsafe or unsanitary?
   Notify your landlord in writing. Then contact your city or county code enforcement if your area has housing standards or building codes. Save copies and evidence.
4. How do I file a complaint about habitability?
   Check your city or county website for a code complaint form or process. Submit complaints directly to your local office, not to a state agency.
5. Does my city have different rules?
   Yes. Some Arkansas cities have stricter requirements for landlords. Contact your city housing or code enforcement office for local ordinances.

Key Takeaways for Arkansas Renters

• Arkansas does not guarantee safe or habitable rental properties statewide, but your lease or local city codes may provide protection.
• Document all requests and keep records if maintenance is needed.
• Contact local code enforcement for safety violations and seek legal advice for serious problems.

Need Help? Resources for Renters

• Legal Aid of Arkansas – Free legal help for renters statewide.
• Arkansas Residential Landlord-Tenant Act of 2007 – Full text of state law.
• Arkansas Judiciary – Information on small claims and landlord/tenant disputes.
• Little Rock Code Enforcement – File code complaints (for Little Rock residents).

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1. Arkansas Residential Landlord-Tenant Act of 2007 – Title 18, Subtitle 2, Chapter 17
2. Arkansas Code § 18-17-602 – Landlord Obligations

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