Landlord/tenant issues are among the most common legal concerns for both renters and property owners in Arkansas. Whether it’s understanding these lease agreements, knowing your rights as a tenant, or resolving disputes, being familiar with Arkansas’s rental laws is key in 2025. This guide covers the latest updates and legal protections you need to know.
Arkansas is considered one of the more landlord-friendly states in the U.S., which makes it especially important for tenants to understand what rights they do have. While the law favors property owners in certain areas like eviction and lease enforcement, tenants still have protected rights, especially related to habitability, fair housing, and due process.
Key Rental Rights and Responsibilities for Tenants
Tenants in Arkansas have specific rights protected by law. Understanding your rights can help you avoid common landlord/tenant issues and resolve problems early. Here is what renters should understand:
Right to a Habitable Home
Your rental unit must be safe and livable. This includes access to clean water, working plumbing, safe electrical wiring, and secure structures. Arkansas law requires landlords to maintain minimum health and safety standards.
Return of Security Deposits
Landlords must return your security deposit within 60 days after move-out, minus any lawful deductions. They are also required to provide an itemized list of damages or unpaid rent if any portion is withheld.
Right to Notice Before Rent Increase
If you’re on a month-to-month lease, your landlord must give you at least 30 days’ written notice before increasing your rent. Sudden or retroactive rent increases are not permitted.
Fair Housing Protections
Federal and state laws prohibit discrimination based on race, color, religion, national origin, sex, disability, or familial status. If you believe you’ve been denied housing or treated unfairly for any of these reasons, you may file a complaint with the Arkansas Fair Housing Commission or HUD.
Tenant responsibilities include:
- Paying rent on time and in full.
- Keeping the unit clean and in good condition.
- Informing your landlord of needed repairs.
- Complying with lease terms and not engaging in illegal activity.
Landlord Obligations Under Arkansas Law
Arkansas law places a few essential duties on landlords, even though the state is generally considered landlord-friendly. In 2025, landlords must:
Maintain Habitability
Properties must meet basic health and safety standards, including heating, plumbing, and pest control.
Avoid Unlawful Evictions
Landlords must follow the legal eviction process, which includes written notice and potentially a court hearing. Self-help evictions, such as changing the locks or shutting off utilities, are illegal.
Comply with Lease Agreements
Once a lease is signed, landlords are legally bound to its terms. This includes honoring rent amounts, notice periods, and agreed-upon amenities or services.
Landlords also have the right to enforce lease terms, raise rent after proper notice (for non-fixed leases), and withhold deposits for damage beyond normal wear and tear.
How Evictions Work in Arkansas
Legal Grounds for Eviction
A landlord may evict a tenant for several reasons, such as:
- Non-payment of rent
- Lease violations (e.g., unauthorized pets or occupants)
- Criminal activity on the property
- Property damage
- Staying after the lease expires
The Eviction Process
The process typically includes:
- Notice to Vacate: For unpaid rent, this is a 3-day notice to either pay or vacate.
- Filing in Court: If the tenant doesn’t comply, the landlord may file a complaint in district court.
- Court Hearing and Ruling: Both parties may present their case. If the judge rules in favor of the landlord, they’ll issue a writ of possession.
- Removal by Law Enforcement: If the tenant still refuses to leave, a sheriff may remove them after the court order is finalized.
A tenant may have defenses, such as improper notice, landlord retaliation, or proof that rent was paid. Seeking legal assistance quickly is vital if you’ve been served an eviction notice.
Arkansas Security Deposit Laws
Security deposit disputes are one of the most frequent landlord/tenant issues. Here’s what you should know:
- Deposit Limits: While there is no statewide cap, landlords of six or more residential units must place the deposit in a separate account.
- Return Timeline: Deposits must be returned within 60 days after the tenant vacates the property and provides a forwarding address.
- Itemized Deductions: If any part of the deposit is kept, landlords must send a written, itemized list of charges within the same 60-day window.
If landlords fail to return the deposit on time, tenants may sue for up to twice the amount withheld, plus court costs.
Lease Agreements and Renewal Rules
Written lease agreements protect both parties and outline rules, rent terms, and the lease duration. Key points include:
- Renewals: Some leases auto-renew on a month-to-month basis unless the tenant or landlord gives a written notice to terminate.
- Termination: A 30-day written notice is standard for ending month-to-month leases.
- Rent Increases: There are no state-level rent control policies, meaning landlords can raise rent with proper notice (usually 30 days before the increase).
Leases should also outline policies on late fees, pet deposits, and repair procedures. Tenants should always read and understand the lease before signing.
Repairs and Maintenance: Who Is Responsible?
Tenant Responsibilities:
- Maintain general cleanliness and prevent damage.
- Report issues like leaks or electrical problems promptly.
- Replace light bulbs and smoke detector batteries when needed.
Landlord Responsibilities:
- Make timely repairs to plumbing, electrical, HVAC, and structural systems.
- Ensure the property complies with local health and safety codes.
- Address pest infestations unless caused by tenant neglect.
If a landlord fails to make repairs after being notified, tenants may file complaints with local code enforcement or housing authorities. Legal remedies may also be available if conditions become uninhabitable.
Fair Housing and Discrimination Laws
Under federal and state law, landlords cannot refuse to rent based on:
- Race
- Religion
- National origin
- Gender
- Disability
- Family status (including children)
Arkansas also prohibits housing discrimination under the Arkansas Fair Housing Act, which is enforced by the Arkansas Fair Housing Commission.
Discrimination can include denying rental applications, setting different rental terms, or refusing reasonable accommodations for disabilities. Tenants can file a complaint within one year of the violation.
How to Handle Landlord/Tenant Disputes
Disputes can arise for many reasons: unpaid rent, property damage, or unapproved occupants. Here is how to resolve them:
- Start with Communication: Many issues can be resolved with a direct conversation. Be respectful and clear about your concerns.
- Use Mediation Services: Arkansas offers community mediation in some areas, which can be a faster, more affordable alternative to court.
- Document Everything: Keep records of texts, emails, photos, and repair requests. Documentation strengthens your case if legal action becomes necessary.
- Seek Legal Help: Legal advice can clarify your rights and prevent costly mistakes.
If you’re unsure where you stand legally, a consultation with a local law firm can help resolve landlord/tenant issues quickly.
Legal Help for Landlord/Tenant Issues in Arkansas
Navigating landlord/tenant issues in Arkansas can be overwhelming without the right support. Whether you’re dealing with eviction, deposit disputes, lease violations, or discrimination, it is crucial to understand your rights and act quickly.
Thompson & Howle is here to help. Based in Cave Springs, our experienced attorneys can provide strategic legal guidance and representation in civil litigation, business law, personal injury, family law, and more.
We offer free consultations to help you better understand your situation and options. Call (479) 844-4086 or email of****@**************le.com today to schedule your consultation and protect your rights under Arkansas law.