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State Reference Guide · South

Arkansas
Tenant Rights.

This guide provides a detailed overview of the laws governing the relationship between landlords and tenants in the State of Arkansas. Arkansas is known for having some of the most landlord-friendly laws in the United States, including a unique "criminal eviction" statute and limited repair rights for tenants.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Security Deposit Limit
2 Months
of rent, for landlords with 6+ units
Deposit Return Deadline
60 Days
Notice for Entry
Not Required
by law, check your lease
Repair and Deduct
Prohibited

What rights do tenants have in Arkansas?

Tenants in Arkansas are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Arkansas sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Security Deposits

Arkansas law limits how much a landlord can charge for a security deposit and provides a strict timeline for its return.

Maximum Amount
If a landlord owns six or more rental units, they cannot charge more than two months' rent as a security deposit. (Note: This limit does not apply to landlords with five or fewer units). (A.C.A. § 18-16-304)
Return Deadline
Landlords must return the security deposit within 60 days after the tenant moves out. (A.C.A. § 18-16-305)
Itemization
If the landlord keeps any portion of the deposit for damages (beyond normal wear and tear), they must provide a written, itemized list of those deductions within the 60-day window.
Penalties
If a landlord fails to return the deposit or provide the itemized list within 60 days, they may forfeit their right to keep any of the deposit. Arkansas law specifically allows a tenant to recover damages up to twice (2x) the amount of the security deposit or money wrongfully withheld, plus reasonable attorney's fees. (A.C.A. § 18-16-306)
02
NOTICE

Eviction Notices & Procedures

Arkansas uses two primary methods for eviction, one of which is unique among all 50 states.

Civil Eviction (Unlawful Detainer)
For nonpayment of rent or lease violations, a landlord must give the tenant a 3-day notice to quit. If the tenant does not leave, the landlord files a civil lawsuit. (A.C.A. § 18-60-304)
"Criminal" Eviction (Failure to Vacate)
Arkansas is the only state where failing to pay rent can result in criminal charges. Under this law, if a tenant is even one day late on rent, the landlord can issue a 10-day notice to vacate. If the tenant is still there after 10 days, they can be charged with a misdemeanor and fined up to $25 for every day they remain. (A.C.A. § 18-16-101)
Month-to-Month Termination
To end a month-to-month lease without a specific reason, either the landlord or the tenant must provide at least 30 days' written notice. (A.C.A. § 18-17-704)
03
NOTICE

Landlord Entry Requirements

Notice Period
Arkansas law does not require landlords to give any notice before entering a rental property.
The Lease Rules
Because state law is silent on this, the rules of entry are determined entirely by your written lease agreement. If your lease says the landlord must give 24 hours' notice, they must follow that. If the lease is silent, the landlord may technically enter at any time.
04
MONEY

Rent Control Status

State Preemption
Arkansas state law prohibits any city or county from enacting rent control. Local governments cannot limit the amount of rent a landlord can charge. (A.C.A. § 14-54-106)
05
SAFETY

Habitability & Repair Rights

NOTE
⚠️ CRITICAL WARNING: Arkansas is the only state in the United States that does not recognize an implied warranty of habitability that allows tenants to withhold rent. Tenants CANNOT withhold rent under ANY circumstances, even if the landlord fails to make repairs. The only remedy is lease termination (see below). This makes Arkansas fundamentally different from all other states.

For a long time, Arkansas followed "Caveat Tenant" (Let the tenant beware), meaning landlords had no legal obligation to provide a habitable home. This changed slightly in 2021 with the Implied Residential Quality Standards Act, but tenant remedies remain extremely limited.

Minimum Standards (A.C.A. § 18-17-502)
For leases signed after November 1, 2021, landlords must provide a unit with: - A source of potable (drinking) water.Available electricity.A functioning roof and building envelope (windows/doors).A functioning sewer/septic system.Heating and Air Conditioning (only if provided when the lease began). (A.C.A. § 18-17-502)
NO Repair and Deduct
Arkansas explicitly prohibits tenants from fixing a problem themselves and deducting the cost from the rent. Doing so is grounds for eviction. (A.C.A. § 18-17-701)
The "Move-Out" Remedy
If a landlord fails to provide the basic standards listed above, the tenant must give written notice. If the landlord doesn't fix it within 30 days, the tenant’s only statutory remedy is to terminate the lease and move out.
06
SAFETY

Retaliation Protections

Limited Protections
Arkansas law provides very few protections against landlord retaliation. While many states prevent a landlord from evicting a tenant for complaining to a building inspector, Arkansas law is generally more protective of the landlord's right to terminate a lease at the end of its term or for a lease violation.
07
LEASE

Lease Requirements & Disclosures

Oral vs. Written
Oral leases are legal for terms under one year, but they are very difficult to enforce. Written leases are highly recommended.
Disclosures
Arkansas does not require landlords to disclose mold history, bedbug history, or recent deaths in the unit.
Late Fees
There is no state cap on late fees; however, they must be "reasonable" and clearly stated in the written lease.
Summary

Quick reference table.

FeatureRegulation
Security Deposit Limit2 months' rent (for landlords with 6+ units)
Deposit Return Deadline60 Days
Notice for EntryNot required by law (check your lease)
Repair and DeductProhibited
Nonpayment Notice3 days (Civil) or 10 days (Criminal)
Rent ControlProhibited by state law
Habitability RemedyTenant may move out after 30 days' notice
Cities with local protections

These Arkansas cities layer extra tenant protections on top of state law: Barling, Bentonville, Bryant, Conway, Fayetteville, Fort Smith, Hot Springs, Jonesboro, Little Rock, Magnolia, Monticello, Mountain Home, North Little Rock, Rogers, Russellville, Searcy, Texarkana.

Common Questions

Frequently Asked

Security deposit limits in Arkansas are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Arkansas statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

Apartments

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

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