An Arkansas lease agreement is a legally binding document where the landlord agrees to rent all or part of a property to the tenant, who in turn agrees to abide by the terms and conditions outlined in the lease. Landlords must add specific details to their agreements, such as tenant/landlord information, any known health hazards or risks, rent specifics, and pet-related rules.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: No.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: No.
Landlords typically require the completion of a rental application before entering a lease agreement.
By Type (6)
Standard Lease Agreement
Enables a tenancy arrangement for residential property.
Month-to-Month Rental Agreement
Automatically renews on a monthly basis.
Commercial Lease Agreement
Establishes rental terms for retail, office, or industrial properties in the state.
Room Rental Agreement
Outlines the terms and responsibilities of each tenant sharing a living space in a rental unit.
Sublease Agreement
Holds the original tenant (sublessor) responsible to the landlord.
Rent-to-Own Lease Agreement
Provides a tenant the option to potentially purchase the leased property.
Required Lease Disclosures
Arkansas landlords must comply with state laws and regulations [1] when renting out their property, including:
- Disclosure of Lead-Based Hazards. Landlords must make just one essential disclosure related to lead-based paint if the property was built before 1978. [2]
Security Deposit
- Maximum Amount: Landlords can charge up to two months’ rent for a security deposit unless they own fewer than five rental units. [3] [4]
- Receipts: Not required.
- Interest Payments: Not required.
- Bank Account: Not required.
- Returning Requirements: Landlords must return the security deposit to their tenants within 60 days of the end of the lease. [5]
- Withholding Rules: Landlords may partially withhold the security deposit for unpaid rent or utility bills, severe damage to the premises, or lease violations.
Rent Payments
- Laws: Rent is due at the time and place mentioned in the lease. [6]
- Rent Control: Arkansas has no rent control laws. This means landlords can set and increase rents freely, with minimal restrictions. However, landlords cannot raise rent to retaliate against tenants.
- Late Fees and Grace Period: State law does not cap late fees for rent. Landlords can set their own fees within the lease agreement, but these charges should reasonably reflect the costs resulting from late payment. Landlords can issue a 3-day notice to quit if the tenant fails to pay rent.
- Withholding Rent: Tenants may not withhold rent, regardless of the landlord’s failure to fulfill lease obligations or maintain the property. [7]
Landlord Right of Entry
- Notice Requirements: A landlord doesn’t have to provide notice before entering their rented property (no statute). However, at least 24 hours’ notice is recommended.
- Keys, Locks, and Security: Both tenants and landlords can change locks in cases of domestic violence at the tenant’s expense. [8]
Property Repairs
- Landlord Responsibilities: Unless stated otherwise in the lease agreements, landlords are not required to make any repairs or maintenance works to the premises.
- Tenant Repairs: Landlords can terminate a lease or charge tenants for repairs if they fail to address health or safety issues within 14 days of a written notice. In emergency situations, tenants must rectify the issue immediately. [9]
- Abandonment: State law does not specify a set time period for a property to be considered abandoned. Landlords can define the terms of tenant absence and abandonment within the lease agreement.
Terminating a Lease
- Month-to-Month Tenancy: Landlords must provide a 30-day notice to terminate a monthly tenancy. [10]
- Unclaimed Property: Personal belongings left behind are considered abandoned. Landlords can dispose of these items as they see fit. To reclaim their property, tenants must pay the lien. [11]
Sample
You can download an Arkansas lease agreement template below in PDF or Word format.
