Introduction to the Laws of Lease in Arkansas
Before entering into a rental arrangement in Arkansas, both landlords and tenants should have a thorough understanding of Arkansas lease law. The state has specific laws that govern the terms of any rental agreement, both written and oral, the responsibilities of landlords and tenants, and the process of evictions.
A lease is a written or oral contract that governs the rental of private residential or commercial property. Both landlords and tenants are legally bound to the agreement that is signed . It is important for both to understand what their rights and responsibilities are according to Arkansas law.
Both landlords and tenants benefit from an understanding of Arkansas lease laws. For landlords, knowledge of the laws can help them avoid losses and liabilities. Tenants find comfort in the knowledge that the law protects them from unfair treatment, such as an eviction without notice of rent owed.
This article reviews the Arkansas lease laws that govern both landlords and tenants.
Critical Aspects of Arkansas Lease Agreements
Lease: A lease is a written contract between the tenant and the landlord outlining the responsibilities of each party. It defines how long a tenant can live in the property, what will be expected from both the tenant and the landlord, how the property will be maintained, and what will happen if one or the other fails to uphold their end of the legal agreement.
Tenant: The tenant is the resident of the property, whether they have a signed lease or are leasing it on a month-to-month basis. The tenant is responsible for paying rent, following the lease terms, and taking care of the property according to the lease specifics and general landlord/tenant laws.
Landlord: The landlord is the person who leases out the property to the tenant.
Notice Period: Under the Arkansas law, tenants do not have to provide advance notice before terminating the lease. However, it is best practice to include some notice requirement in your lease agreement. Generally, the lease should clearly specify how much notice must be provided. This sets clear expectations for both landlords and tenants. If it is not included in the lease agreement, you must follow the Arkansas statutory requirement of a 30-day notice. In addition, by providing notice, landlords are able to prepare to make the unit available for advertising and make any repairs or renovations needed before securing new tenants.
Security Deposit: A security deposit is an amount of money given to a landlord before the tenant moves in. The tenant receive that money back when they move out as long as they have kept the unit in the same condition they found it and paid their rent on time. The security deposit is intended to protect the landlord’s investment.
Rights and Responsibilities of Arkansas Tenants
Renters in Arkansas have the right to a habitable living space, which means that landlords are required to take measures to ensure that their properties are safe and fit for living at all times. Some of the primary regulations ensure that all of the following are taken care of: The Arkansas Residential Landlord-Tenant Act covers all tenants in the state, with certain exceptions. However, the act offers exemptions to some provisions for certain types of properties, including (but not limited to) properties for sale and hotels. Another law, the federal Fair Housing Act, also prohibits landlords from discriminating against tenants because of their race, color, religion, sex, national origin or disability. Under certain circumstances, people can bring claims for sexual harassment against landlords. Tenants also have the right to privacy in the unit they are renting, and landlords have certain restrictions regarding when and how they can enter the property. Any entry attempts must be made in a reasonable way, with reasonable notice given to the tenant.
The landlord is also obligated by state law to keep the property in a condition that is safe and sanitary. If major issues arise that require repairs, the landlord is expected to either make the repairs himself or find someone to do so.
Landlords have a number of options for dealing with tenants could be dangerous to others, or are breaking other terms of the lease agreement.
Landlord Responsibilities and Protections in Arkansas
In a typical Arkansas lease agreement, landlords have a number of obligations including:
· Providing a habitable living environment with a safe and clean living condition free from any health hazards
· Maintaining the safety and security of rented property to ensure safety of the tenants
· Performing reasonable and necessary repairs in a timely manner as needed in rented property
· Providing timely notice of entering rented property for necessary repairs or other purposes
· Keeping all common areas within the premises safe for tenants (i.e. lobbies, stairwells, etc.)
Landlords also have the right to protections under Arkansas law from damage to the rented property caused by a tenant, including the following:
· The landlord has the right to receive payment of past-due rent by tenancy payment
· Rights are available to the landlord through the Texas Property Code 92 to enter a tenant’s property to inspect the property for safety concerns or to determine the need for repairs
· The landlord can enter the property and make necessary emergency repairs without providing advance notice to a tenant if it involves protecting health and safety. A landlord is not liable for damages or any injury that results from the failure to make such repairs even if that failure causes the health or safety of a resident to be significantly compromised.
Arbitrating Arkansas Lease Conflicts
Disputes between landlords and tenants can range from minor grievances to major legal issues. Both parties have several options for resolving these disputes in Arkansas.
One of the first steps is mediation, a voluntary process where a neutral third party helps resolve a conflict. Mediation is a flexible approach that can lead to win-win solutions for both parties rather than forcing an unwanted resolution. Mediation can be a cost-effective solution and often results in faster resolution than litigation.
The Alternative Dispute Resolution (ADR) component of the current legal system in Arkansas provides an alternative to litigation in many cases. This process fosters an early and satisfactory resolution of the conflict rather than continuing to consume court resources. The Arkansas Supreme Court ADR Commission drafts rules governing the ADR process.
Additionally , the American Arbitration Association covers Arkansas as part of the Southern Supplement to its national Commercial Arbitration rules. Although mediation is generally not included in these agreements, some may provide for mediation of disputes before proceeding to arbitration. Along with determining the appropriate remedy in the event of breach of a contract, the specific process will also be described.
A judicial process is also available to resolve disputes between landlords and tenants. Either party or both can file a lawsuit against the other. Both parties are entitled to an attorney and may receive aid from certain state organizations. The Arkansas Bar Association sponsors a Volunteer Lawyer Program for those who qualify as low-income and cannot afford an attorney. The Arkansas Pro Bono Partnership is another organization aimed at low-income individuals and families.
Demise and Legal Guidelines: The Process of Eviction
Arkansas is a landlord-friendly state, and evictions/unlawful detainers in this state are essentially a summary procedure. The process is governed by Ark. Code Ann , § 18-60-101 et seq. Evictions are customary proceedings in the courts of Arkansas to forcibly dispossess a tenant who is in either actual or constructive possession of the subject premises. There are four ways in which a tenant can be dispossessed from an apartment complex in Arkansas: (1) default in payment of rent; (2) failure to comply with the provisions of the lease; (3) non-possessory action; and (4) forfeiture of the tenancy.
When a tenant defaults in the payment of rent, the landlord must provide a written Demand for Rent providing the tenant with three (3) days to pay rent in full or vacate the premises. This written notice does not have to be notarized, nor does it need to be recorded. The lease need not be specifically referenced nor copied into a demand but should follow the general language of Ark. Code Ann., § 18-60-102(b). This section only applies to written leases. A Lease has been defined as "… a written bargain or contract for renting…." Treadway v. Williams, 155 Ark. App. 105, 106, 604 S.W.3d 453, 455 (Ark. Ct. App. 2010). When a tenant defaults on a written lease, the landlord should prepare a document called a Demand for Rent that:
The Demand for Rent, as defined by Ark. Code Ann. § 18-60-102(b), must reference the name of the property, be signed by the landlord or their agent, name the "tenant" specifically, and name the specific premises being rented. It is useful to explain the exact amount of rent due and any grace period before default. The tenant must be given a specific time period in which to pay rent due or vacate the apartment. This Demand for Rent must be served upon the tenant in person or substituted service upon a person of suitable age residing at the apartment. Service of a Demand for Rent may be sufficient if the Demand for Rent is served at the apartment "within the three-day period…." Ark. Code Ann. § 18-60-104(b).
If the Fourteen Day Gracious Period runs out, the landlord can file suit in District Court for unlawful detainer, which is essentially a lawsuit filed to remove the tenant from the property. The Court will then issue a summons requiring the tenant to appear on a specific date. The "tenant" must be served with the Summons and Complaint, which requires a return of service no less than five (5) days prior to the return date. On the return day, there may be an answer to the Complaint filed. It is recommended that the landlord file a Motion for Default Judgment. An Order of Possession and Warrant may be issued directing the Sheriff to remove the tenant from the premises.
The Fourteen Day Gracious Period provides the tenant with ample notice to pay all amounts due, including fees, costs, or other unpaid bills or debts. Of note … the 3-day period referenced in Ark. Code Ann. § 18-60-102(b) is in reference to rent due by a tenant, not unpaid fees or other charges.
Arkansas Lease Laws FAQ
Can a lease be renewed in Arkansas?
Unless the lease specifically contains an option for renewal, you would need your landlord’s agreement to renew. Otherwise, you must move out unless the landlord agrees otherwise.
Can you terminate a lease early?
Some apartment leases contain even the slightest details concerning when you may terminate your lease early. However, most leases do not have such provisions and therefore Arkansans may terminate a typical apartment lease only by following the necessary rules for early termination set in Arkansas law. These rules require providing a 60-day notice and paying two additional months’ rent, along with the normal rent for the month when you intend to move out.
When can a renter effectively terminate a lease early due to lost income , having been a victim of domestic violence or like events, or for other reasons outside of their control?
If a person suffers a loss of income due to retirement, becoming a victim of domestic abuse or something else beyond the person’s control, then the law allows the tenant to break the lease immediately with only 30 days’ notice and without paying additional rent under the lease.
Can an eviction be delayed in Arkansas?
The state of Arkansas allows for waiting 5 days after the judgment or order of eviction becomes final before the landlord or their agent can proceed to evict you from the premises. Upon that order becoming final, the tenant may have another 30 days to vacate an apartment before the sheriff or deputy sheriff may force the tenant from the premises.