What Arkansas landlord-tenant law covers
Arkansas landlord-tenant rules are spread across several parts of the Arkansas Code. Deposits are in Ark. Code 18-16-301 through 18-16-306. The Arkansas Residential Landlord-Tenant Act of 2007 is Title 18, Chapter 17, and unlawful detainer is in Ark. Code 18-60-304 and 18-60-307. The Arkansas Attorney General’s guide, Landlord and Tenant Rights, is the clearest official plain-language summary. We read the statute text on Justia, because the official online Arkansas Code is hosted by a commercial publisher and could not be read directly.
Much of the relationship is left to the lease. The Attorney General’s guide says that for a written lease, the lease terms control how and when it can be ended, and that repairs a landlord promises should be put in writing. For an apartment owner, that makes the lease form one of the most valuable documents you hand a buyer.
Arkansas landlord-tenant rules at a glance
The table covers the rules apartment owners ask about most, with the statute or official guide each one comes from.
| Rule | Arkansas requirement | Source |
|---|---|---|
| Ending a month-to-month tenancy | Written notice at least 30 days before the termination date, from either side (7 days for week-to-week) | Ark. Code 18-17-704 |
| Ending a written fixed-term lease | As the lease provides | Attorney General guide |
| Rent increase | At least one rental period’s notice | Attorney General guide |
| Notice before unlawful detainer for unpaid rent | Three days’ written notice to quit and demand for possession | Ark. Code 18-60-304(3) |
| Security deposit cap | Two months’ periodic rent | Ark. Code 18-16-304 |
| Deposit return | Within 60 days after the tenancy ends, with an itemized written notice of any deductions | Ark. Code 18-16-305 |
| Who the deposit law covers | Owners of six or more units, and smaller owners who pay a third party to manage | Ark. Code 18-16-303 |
| Tenant response to unlawful detainer summons | Five days to file a written objection | Ark. Code 18-60-307 |
How much notice does a landlord have to give in Arkansas?
For a month-to-month tenancy, either side can end it by written notice given at least 30 days before the termination date stated in the notice, under Ark. Code 18-17-704. A week-to-week tenancy needs seven days’ written notice. The Attorney General’s guide puts the same idea more simply: one rental period’s notice to end an oral lease. Give the notice in writing and date it, so the 30 days can be counted.
For a written lease, the lease controls. A one-year lease ends on its end date unless it says otherwise, and any notice requirement it includes, such as 30 or 60 days before renewal, is what you must follow. The guide notes a landlord may end a tenancy for any reason, as long as the required notice is given.
Rent increases follow a similar pattern. The Attorney General says the landlord must give at least one rental period’s notice before raising rent, whether the lease is oral or written. A fixed-term written lease will usually set the rent for the term, so an increase takes effect at renewal.
For breaches other than rent, the Residential Landlord-Tenant Act lets a landlord give written notice listing the problem and stating that the lease will end on a date at least 14 days after the tenant receives it, unless the tenant fixes it first (Ark. Code 18-17-701(a)).
Notice for nonpayment of rent
Failing to pay rent, or paying late, is grounds for eviction in Arkansas, and the Attorney General’s guide says that is true whatever the reason for the late payment. For an unlawful detainer case based on unpaid rent, Ark. Code 18-60-304(3) requires three days’ written notice to quit and a demand for possession, made by the owner or the owner’s agent or attorney.
The Residential Landlord-Tenant Act has its own rule: if rent is not paid within five days of the due date, the landlord may terminate the rental agreement (Ark. Code 18-17-701(b)), and that nonpayment counts as legal notice that the landlord may start an eviction under the Act (Ark. Code 18-17-901(b)).
Keep any written notice short and factual: the date, the tenant’s name and unit, the amount owed if rent is the reason, and the date by which the tenant must leave. Keep a copy and a record of how and when you delivered it. In a fast process, a defective notice can force you to start over.
The Arkansas eviction process and timeline
Arkansas evictions are commonly brought as civil cases called unlawful detainer, under Ark. Code 18-60-307. The landlord files a complaint and affidavit after the three-day notice runs out, and the tenant is served with a summons and a notice that the landlord seeks a writ of possession.
- Notice: three days’ written notice to quit for unpaid rent (Ark. Code 18-60-304(3)).
- Filing: the landlord files a complaint and affidavit, and the clerk issues a summons and notice to the tenant.
- Response: the tenant has five days after service to file a written objection (Ark. Code 18-60-307).
- No objection: on court order, the clerk issues a writ of possession and the sheriff delivers possession without delay.
- Objection: the court sets a hearing, and if the landlord shows it is likely to win, the court orders the writ. A tenant who wants to stay must post security the court sets, at least the unpaid rent plus rent as it comes due.
How long does an eviction take in Arkansas?
An uncontested Arkansas unlawful detainer can move from notice to removal in a couple of weeks: three days for the notice, time to file and serve the summons, five days for the tenant to respond, then the sheriff. A contested case takes longer because the court has to set a hearing, and how quickly that happens depends on the county’s docket.
The Residential Landlord-Tenant Act also provides an eviction proceeding in district court. There, the court orders the tenant to vacate or show cause within ten calendar days of service, and if the tenant does not, the court enters judgment and the sheriff executes a writ of possession (Ark. Code 18-17-902 and 18-17-904). Ask your attorney which route fits your case.
The schedule rewards owners who keep tidy files. Have the lease, the rent ledger, the notice and proof of delivery ready before you file. If you are selling while a case is pending, tell the buyer, since the buyer will take over the unit once the sale closes.
Security deposits in Arkansas
An Arkansas landlord may not demand or receive a security deposit of more than two months’ periodic rent, under Ark. Code 18-16-304. At $900 a month, the cap is $1,800.
The deposit must be returned within 60 days after the tenancy ends, under Ark. Code 18-16-305. The landlord may apply it to unpaid rent and to damages from the tenant’s failure to follow the lease, but only as itemized in a written notice to the tenant. Mailing the notice and any refund by first class mail to the tenant’s last known address counts as compliance. A landlord who wrongfully withholds a deposit can owe twice the amount withheld plus reasonable attorney’s fees, unless the landlord shows a good faith dispute or an error despite reasonable procedures (Ark. Code 18-16-306).
The deposit law has an exemption for small owners. Under Ark. Code 18-16-303, it does not apply to dwelling units owned by an individual if that person, a spouse, minor children and the entities they control together own five or fewer units, unless a third party manages the units and collects rent for a fee. So the owner of a single 20-unit building is covered, and so is the owner of a five-unit building who pays a manager. Either way, keep move-in and move-out condition reports with photos, so you can back up each deduction.
Late rent, entry and minimum standards
Late payment is grounds for eviction in Arkansas, but how you handle late and partial payments still matters in court and in a sale. Decide in advance whether you will accept a partial payment after serving a notice, and put your policy in the lease, so a judge and a buyer can see you applied it the same way to everyone. The statutes we reviewed set no late fee limit, so late fee terms belong in the lease, and an attorney can tell you whether a given fee is enforceable.
On entry, Ark. Code 18-17-602 says a tenant may not unreasonably withhold consent for the landlord to enter to inspect, make repairs, supply services, investigate possible violations or show the unit to buyers, lenders, tenants or contractors. The section sets no notice period, so put one in the lease. For leases entered into or renewed after November 1, 2021, Ark. Code 18-17-502 implies basic standards, including running water, electricity, working sewer and plumbing, a functioning roof and heating and air conditioning, with a tenant remedy of ending the lease if a problem is not fixed within 30 days of written notice.
Abandoned property and the landlord’s lien
Once a lease ends, property the tenant leaves behind is treated as abandoned, and the Attorney General’s guide says the landlord may dispose of it without recourse by the tenant. The landlord also has a lien on that property for amounts the tenant owes under the lease.
Before you clear a unit, make sure the lease has truly ended, by expiration, by proper notice or by a court order. Photograph what is left and note the date. Those records protect you, and they protect a buyer who closes while a turnover is under way.
Does Arkansas have rent control?
The Attorney General’s guide describes no cap on rent or on rent increases in Arkansas. The only limit it lists on raising rent is notice: at least one rental period before the increase takes effect.
For a seller, that means your rent roll reflects your leases and the market. A buyer will look at how far in-place rents are from market and how many leases roll in the next year, not at any local cap.
What happens to leases and deposits when you sell
Existing leases stay in force when you sell, and the buyer takes the building subject to them. Tenants keep their terms and rents until each lease ends or is properly terminated.
Deposits follow the building. Under Ark. Code 18-16-302, whoever holds the landlord’s interest when a tenancy ends is bound by the deposit law, so the buyer will owe the refunds. List every tenant’s deposit on the rent roll, credit the total to the buyer on the closing statement, and have the buyer acknowledge the deposits in writing. Give tenants written notice of the new owner and where to pay rent.
Lease terms worth checking before you sell
Because Arkansas leaves so much to the lease, a buyer reads your lease form closely.
- Notice periods for ending the lease and for renewal.
- Late fee terms and how they are calculated.
- Entry terms for repairs, inspections and showings.
- Any repair promises, since the Attorney General advises putting them in writing.
- Deposit amounts, and whether any deposits were credited or returned early.
Selling an Arkansas apartment building with tenants
Skyline buys apartment buildings with five or more units in Arkansas, occupied, with leases and deposits in place. We buy directly, close on your timeline, and can work inside 1031 deadlines. You do not need to empty units, renew leases or finish an eviction before you call.
For the tax side of a sale, see Arkansas capital gains tax on real estate and property tax rate in Arkansas.
