Fort Smith landlord-tenant rules come almost entirely from Arkansas state law, because the city has no rent control and state law bars it from adopting any. For apartment owners, the rules that matter most are the minimum habitability standards added in 2021, the security deposit statutes, the five-day nonpayment rule and the eviction procedures heard in Sebastian County District Court, plus the city’s property maintenance code.
This guide walks through each of those areas as they stand in 2026, with links to the statutes and local offices involved, and closes with what they mean for running an apartment building in the city.
Why state law drives Fort Smith landlord-tenant rules
Fort Smith is a city in Sebastian County on the Oklahoma border. The Census Bureau’s QuickFacts profile for Fort Smith shows 89,142 residents in the 2020 Census and an estimated 90,855 on July 1, 2025. The owner-occupied housing rate was 53.4% for 2020 to 2024, which means close to half of occupied homes are rented, and median gross rent was $884.
The core statute governing those rentals is the Arkansas Residential Landlord-Tenant Act of 2007, found in Title 18, Chapter 17 of the Arkansas Code. Older provisions in Chapter 16 of the same title still govern security deposits and some remedies, and Chapter 60 covers unlawful detainer actions. Unlike states where large cities layer their own tenant ordinances on top of state law, Arkansas leaves little room for local variation, so a Fort Smith owner’s obligations look much like those of an owner in Little Rock or Fayetteville.
The 2021 habitability standards and what they require
For many years Arkansas was known for having no implied warranty of habitability. Act 1052 of 2021 changed that by adding minimum standards to the 2007 Act. Under Ark. Code § 18-17-502, a landlord must provide, at the start of the lease and throughout it:
- An available source of hot and cold running water
- An available source of electricity
- A source of potable drinking water
- A sanitary sewer system and plumbing that conform to applicable codes
- A functioning roof and building envelope
- A functioning heating and air conditioning system, if one served the unit when the lease was signed
The standards apply to lease and rental agreements entered into or renewed after November 1, 2021. Lease-to-purchase agreements and leases with a right to purchase are excluded.
How tenants raise a problem
The law sets out a specific process. A tenant may deliver written notice of the noncompliance to the landlord by certified mail. If the tenant is current on rent and the landlord does not fix the problem within 30 calendar days after receiving the notice, the tenant’s sole remedy is to terminate the lease without penalty and recover the security deposit.
Two features of the statute are especially important for owners:
- A tenant may not offset or withhold rent for an alleged or actual violation of the implied standards.
- The section does not relieve a landlord from complying with any stricter housing standard adopted by a local government.
Legal commentary on the act, including analysis from the Mitchell Williams law firm and contemporaneous news coverage, also describes a move-in checklist mechanism. If the landlord provides a checklist and the tenant signs it without noting defects, or does not return it within two business days, the landlord is treated as having met the standards at move-in. A landlord is also excused where the tenant refused access or caused the defect. Owners who rely on this protection should use a written move-in checklist at every new lease and renewal.
Liability for disrepair
Separately, Ark. Code § 18-16-110 provides that a landlord is generally not liable for injury or property damage caused by a defect or disrepair on the premises unless the landlord agreed to repair it, or assumed a duty to repair, and then performed that duty unreasonably. The 2021 standards did not erase this rule, but they make it more likely that a tenant can show the landlord had duties regarding the listed systems.
Security deposits: the cap, the clock and the exemption
Arkansas’s deposit rules are in Chapter 16, Subchapter 3, and they have changed little in decades. The Arkansas security deposit statutes provide:
- A two-month cap. A landlord may not demand or receive a security deposit greater than two months’ periodic rent.
- A 60-day return deadline. Within 60 days after the tenancy ends, the landlord must return the deposit, less accrued unpaid rent and damages.
- Written itemization. Any deductions must be itemized in a written notice delivered to the tenant. Mailing the notice and any refund by first-class mail to the tenant’s last known address counts as compliance.
- Double damages for wrongful withholding. A landlord who wrongfully withholds a deposit can be liable for two times the amount withheld plus reasonable attorney’s fees, though a good-faith dispute over the amount due limits that exposure.
Who is exempt
The statutes do not apply to dwelling units owned by an individual who, together with related parties, owns five or fewer units, unless management, including rent collection, is performed by third persons for a fee. That exemption matters for Fort Smith’s small-property owners. Anyone who owns a five-or-more-unit apartment building generally owns more than five units and falls under the deposit rules, and even a small owner loses the exemption by hiring a management company.
Rent, fees and the statewide ban on rent control
Arkansas lets the lease set the economic terms. Under the 2007 Act, rent is payable without demand or notice at the time and place agreed upon by the parties. The state’s residential landlord-tenant statutes do not set a numeric cap on late fees, so late charges are governed by the lease and general contract principles.
Cities cannot regulate those terms. Ark. Code § 14-16-601 provides that a local government shall not enact, maintain or enforce an ordinance or resolution controlling the amount of rent charged for private residential or commercial property. Act 459 of 2025, signed in April 2025, extended that preemption to rental application fees and rental deposits. In practice, that means Fort Smith cannot adopt rent caps, cap application fees or set its own deposit limits; those questions are settled at the state level.
Access, keys and day-to-day obligations
The 2007 Act addresses access in general terms. A tenant shall not unreasonably withhold consent for the landlord to enter the dwelling unit for purposes that include supplying necessary or agreed services and investigating possible rule or lease violations. The statute does not specify a fixed advance-notice period, so many Fort Smith leases set one. A tenant also may not change the locks without the landlord’s permission.
For apartment owners, the practical lesson is that the lease does much of the work. Clear clauses on entry notice, lock changes, maintenance requests and the move-in checklist give both sides a reference point that the statute itself leaves open.
Clauses that Fort Smith owners commonly spell out because the statutes do not:
- A late fee amount and the date it applies
- The advance notice the landlord will give before non-emergency entry
- How tenants should submit maintenance requests, and how emergencies are handled
- Who pays which utilities, and the consequences of shutoff
- The move-in and move-out inspection process
How evictions work in Fort Smith
Arkansas offers more than one route to recover possession, and the timelines are short compared with many states.
Nonpayment under the 2007 Act
A landlord may terminate the rental agreement if the tenant fails to pay rent within five days of the date it is due. Under Ark. Code § 18-17-901(b), nonpayment of rent within five days of the due date constitutes legal notice that eviction proceedings may begin. A case under the 2007 Act is filed in a district court with jurisdiction, and the tenant has ten calendar days after service of the order to leave or to show cause why they should not be removed.
Unlawful detainer
The older unlawful detainer statutes remain available. A tenant who holds over after three days’ written notice to quit and demand for possession can face an unlawful detainer action. Under Ark. Code § 18-60-307, the tenant has five days, excluding Sundays and legal holidays, to file a written objection. If no objection is filed, a writ of possession is directed to the sheriff. That section was amended by Act 1052 of 2021 and again in 2023, so owners should work from the current text.
A sample nonpayment timeline
Putting the 2007 Act’s provisions in order shows how quickly a nonpayment case can move when the paperwork is in place:
- Due date. Rent is owed without any demand or notice from the landlord, on the date the lease sets.
- Five days later. If rent is still unpaid, the nonpayment itself serves as the legal notice the statute requires, and the landlord may terminate the agreement and file.
- Filing and service. The landlord files in the Fort Smith Department of the district court, and the tenant is served with the court’s order.
- Ten calendar days after service. The tenant must either vacate or appear and show cause. A tenant who raises a defense gets a hearing; one who does neither can be removed.
- Afterward. Because the eviction case is for possession only, unpaid rent and damages are pursued separately, in small claims for amounts up to $5,000 or in the civil division for amounts up to $25,000.
Actual timing depends on the court’s docket and on service, and contested cases take longer. The point for owners is that the statutory steps themselves are short, so delays usually come from incomplete leases, missing ledgers or filing in the wrong route.
The criminal failure-to-vacate statute
Arkansas also retains Ark. Code § 18-16-101, which makes it a misdemeanor for a tenant who has failed to pay rent to willfully refuse to vacate after ten days’ written notice. The statute was last amended in 2017 and remains in the 2025 Code. It has drawn criticism over the years, and the civil procedures above remain the standard way to recover possession.
Where Fort Smith cases are heard
Eviction cases from Fort Smith are filed in the Sebastian County District Court, Fort Smith Department, at 901 South B Street. The court’s civil page notes:
- Landlord-tenant eviction cases are for possession of the property only; a claim for money owed requires a separate suit.
- The civil division’s limit is $25,000, and small claims cannot exceed $5,000.
- The filing fee is $80, plus $2.50 per summons, in the civil division and $65 in small claims.
Fort Smith property maintenance and code enforcement
Even with state law setting the lease rules, the city enforces building conditions. Fort Smith’s property maintenance code applies to all existing residential and nonresidential structures and covers standards such as light, ventilation and structural condition. The city’s Neighborhood Services division inspects when it receives a service request, issues violation notices with a deadline to comply and, for unsafe structures that are not repaired, can board up or demolish a building through a contractor and bill the owner. Owners can reach the division at 479-784-1025.
The city has also adopted a set of construction codes that govern renovation work, including the 2021 Arkansas Fire Prevention Code (Volume II of which is based on the 2021 International Building Code), the 2018 Arkansas Plumbing Code, the 2021 International Mechanical Code and the 2020 National Electrical Code. Any substantial upgrade to an apartment building, from new HVAC systems to unit reconfigurations, runs through those codes and the city’s permit process.
The city’s building and neighborhood services pages do not describe a rental registration or routine rental inspection program. Enforcement is complaint-driven, which means a building’s condition typically comes to the city’s attention through a tenant, neighbor or visible deterioration.
Fair housing obligations
Federal and state fair housing laws apply in Fort Smith as they do everywhere in the country. The Arkansas Fair Housing Commission enforces state and federal fair housing and fair lending laws and investigates complaints based on race, color, national origin, religion, sex, familial status and disability. Advertising, screening criteria, occupancy standards and responses to reasonable accommodation requests are the areas where apartment owners most often need consistent written policies.
What these rules mean for Fort Smith apartment owners
Taken together, Arkansas law gives landlords a relatively streamlined framework, but it is not as bare as it was before 2021. A few practical points:
- Document the move-in condition. The checklist is the clearest way to show compliance with the habitability standards, and it supports any later deposit deductions.
- Track the 30-day repair window. A certified-mail notice starts a 30-day clock. Missing it lets a paying tenant terminate the lease and recover the deposit, which affects occupancy and cash flow.
- Calendar the 60-day deposit deadline. Itemize deductions in writing and keep proof of mailing.
- Budget for system reliability. Because heating and air conditioning, roofing and plumbing are now named standards, aging systems carry legal as well as operational risk.
- Use the right eviction route and court. Filing in the Fort Smith Department of the district court, with a separate claim for unpaid rent if needed, keeps cases moving.
- Expect no local rent rules. With preemption now covering application fees and deposits as well as rent, owners can plan without the risk of a city ordinance changing lease economics.
These rules also travel with a building at sale. A buyer will want to see leases, move-in checklists, deposit records and any open code-enforcement matters, because those documents show how well the property has been run under Arkansas law.
Selling or reviewing a Fort Smith building with tenants in place
Most apartment buildings change hands with tenants in place, and the existing leases, deposits and maintenance history become the buyer’s starting point. Our guide to selling a rental property with tenants in place covers how leases, deposits and estoppel certificates are handled at closing. For a statewide view, see our Arkansas multifamily market overview. And for owners considering their options locally, our page on selling an apartment building in Fort Smith explains how we evaluate properties in the city.
