Posted in Blog  
  on Nov 03, 2015

Arkansas Landlord Tenant Law Quick Guide

Landlord rights are highly emphasizes under Arkansas landlord tenant law. This quick guide will help landlords and tenants understand more of what is or is not allowed in this business relationship.

1. Rent Can Be Raised For Any Reason.

Landlords must only provide a one rental period notice in order to raise the rent. This even applies to written leases.

2. Evictions Can Happen For Any Reason.

A landlord is allowed to terminate a lease for any reason at any time. If there are no provisions within the lease for the eviction process, then one rental period is required for notice before approaching the court.

3. All Properties Are Rented In An “As Is” Condition.

Landlords must only meet city building codes when it comes to habitability. If a unit has no hot water and this is known at the time of rental, then the landlord may not necessarily be held responsible for the cost of this repair by the tenant.

4. Security Deposits Must Be Returned Within 60 Days.

Tenants may be charged up to 2x the amount of monthly rent as a security deposit. Upon moving out, an itemized list of charges against the security deposit is required if any exist. Unpaid rent may be charged against the deposit.

5. Nonpayment Of Rent May Be Considered a Criminal Offense.

In January 2015, a judge invalidated the criminal eviction statutes that Arkansas has. Although this law is still on the books within the state and charges may still be filed, this ruling may provide tenants with an active defense.

6. Tenants Must Keep Paying The Rent.

Even if a landlord has failed to make a promised repair, tenants must still continue to pay the rent. Tenants can pursue damages because of the lack of repairs in small claims court, but this may also trigger the beginning of the eviction process as well. Arkansas landlord tenant laws are the most unique in the United States. Any property left in a rental unit is automatically considered abandoned and there is no recourse for the tenant to follow.

For additional questions regarding your specific situation, consult with a landlord tenant law attorney or consult the specific statutes that govern this relationship.


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