Arkansas tenant rights

Guides for Arkansas renters

Security deposit in Arkansas

Limit

Two months' rent, but only if the landlord owns six or more rental units or uses a manager or rent collector. Landlords with five or fewer units who manage them themselves are not covered by the deposit law, so put the deposit terms in a written lease.

Deadline to return it

For covered landlords: within 60 days after the tenancy ends and you move out, the landlord must return the deposit or give you a written, itemized list of what was kept for damages or unpaid rent (the Attorney General counts the 60 days from when you vacate). Give the landlord your new address. If the deposit is mailed to your last known address and comes back, the landlord only has to make a reasonable effort to find you; after 180 days the landlord may keep it (Legal Aid of Arkansas).

Itemized list

For covered landlords: a written, itemized list of the damages and amounts withheld, within 60 days. Receipts are not required.

What may be deducted

Unpaid rent and damage beyond normal wear and tear. Legal Aid of Arkansas notes landlords also deduct for failure to clean, unpaid late fees, and failing to give the move-out notice your lease requires. The landlord may keep the whole deposit if damages and unpaid rent are more than the deposit.

Interest

No interest requirement was found.

Move-in checklist

Not required for the deposit, but under the 2021 habitability law, if the landlord gives you a written form at move-in to list problems with water, electricity, sewer, roof, or heating and air, and you sign it without noting a defect or do not return it within 2 business days, the landlord is treated as meeting those standards at move-in. Fill it out carefully. Ark. Code § 18-17-502(c).

If the landlord keeps it wrongly

If a covered landlord wrongfully keeps all or part of the deposit, or does not send the itemized list, you can sue for it, usually in small claims court. Legal Aid of Arkansas says you may be entitled to twice the amount of the deposit plus costs and attorney's fees. The statute (Ark. Code § 18-16-305) is often summarized as twice the amount wrongfully withheld; we could not read the official text to confirm which.

Law

Ark. Code Ann. §§ 18-16-301 to 18-16-306

How to get your deposit back

1. Before you move out, clean, take dated photos and video of every room, and return all keys.
2. Give your landlord your new address in writing. In Arkansas: Give the landlord your new address.
3. Wait for the deadline: For covered landlords: within 60 days after the tenancy ends and you move out, the landlord must return the deposit or give you a written, itemized list of what was kept for damages or unpaid rent (the Attorney General counts the 60 days from when you vacate).
4. If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
5. If that doesn't work, sue in small claims court. Limit: $5,000 in money or property. Small claims court in Arkansas on RobinClaim

Full Arkansas security deposit guide

Repairs in Arkansas

The landlord's duty

Since November 1, 2021, every residential lease (signed or renewed after that date) requires the home to have, at move-in and throughout the lease: hot and cold running water, electricity, safe drinking water, sewer and plumbing that met code when installed, a functioning roof and building envelope, and working heating and air-conditioning if the home had them when you signed. Beyond these minimums, Arkansas has no general warranty of habitability; local housing codes may require more. Ark. Code § 18-17-502.

How to ask for repairs

Send the landlord written notice of the problem by certified mail (or another method your lease allows), describing what is wrong. If your rent is current and the landlord does not fix it within 30 calendar days, your only remedy under the statute is to end the lease without penalty and get back your deposit. You can also call your city code enforcement office. Ark. Code § 18-17-502(d).

Repair and deduct

Not allowed. You may not offset rent for violations of the minimum standards. Ark. Code § 18-17-502(d)(3).

Withholding rent

Not allowed. The law says you may not withhold rent for violations of the minimum standards. Keep paying rent. Ark. Code § 18-17-502(d)(3).

Law

Ark. Code Ann. § 18-17-502 (Act 1052 of 2021)

Full Arkansas repair rights guide

Landlord entry in Arkansas

No statute found that sets a notice period for landlord entry. Check your lease and ask that entry terms be written in it.

Eviction in Arkansas

Notice for unpaid rent

Most evictions are 'unlawful detainer' cases. The landlord must give you a 3-day written notice to vacate before filing in court (Ark. Code § 18-60-304; Arkansas Attorney General). Under the Residential Landlord-Tenant Act, a landlord may instead give a 5-day notice that the lease will end for nonpayment (per Legal Aid of Arkansas). Arkansas also still has a criminal 'failure to vacate' law (Ark. Code § 18-16-101, rewritten by Act 159 of 2017 and not changed since): if you do not pay rent and willfully stay after a 10-day written notice to vacate, you can be charged with a misdemeanor and fined $1 to $25 for each day you stay. If you plead not guilty and stay in the home, you must pay the rent due into the court registry while the case goes on; not paying it is a separate Class B misdemeanor.

Notice for a lease violation

Under the Residential Landlord-Tenant Act: written notice that the lease will end at least 14 days after you receive it if you do not fix the problem (per Legal Aid of Arkansas).

Ending a month-to-month tenancy

Landlord or tenant: one rental period's notice (for example, one month for month-to-month) if there is no written lease; otherwise follow the lease. The landlord does not need a reason. (Arkansas Attorney General.)

Time to respond to an eviction lawsuit

Unlawful detainer: 5 days after you are served, not counting Sundays and legal holidays, to file a written objection with the court clerk. If you do not, the clerk issues a writ of possession and the sheriff can remove you. If you stay in the home while the case is pending, you must pay the rent due into the court registry when you file the objection and keep paying it. Ark. Code § 18-60-307. If instead the landlord files under the Residential Landlord-Tenant Act with a supporting affidavit, the court orders you to leave or to appear and show cause within 10 calendar days after the order is served; a written answer or objection counts as appearing (Legal Aid of Arkansas).

Lockouts and utility shutoffs

Illegal, according to Legal Aid of Arkansas: the landlord may not change the locks, remove doors, shut off utilities, or remove your belongings without a court order. You can sue for 'forcible entry' to get back in and recover damages, costs and attorney's fees. No specific statutory penalty amount was found.

Court self-help

The court's eviction self-help page

Law

Ark. Code Ann. §§ 18-60-304, 18-60-307, 18-17-701, 18-16-101 (Act 159 of 2017)

Full Arkansas eviction guide

Small claims court in Arkansas

Deposit disputes usually go to small claims court, where you don't need a lawyer.

Limit: $5,000 in money or property.

Where to get free help in Arkansas

• Arkansas Attorney General: Landlord and Tenant Rights
• Legal Aid of Arkansas: Arkansas Law Help, Landlord/Tenant (includes an interactive Answer and Objection form) · 1-800-952-9243
• Arkansas Legal Aid Helpline (Legal Aid of Arkansas and Center for Arkansas Legal Services), ArLawHelp.org · 1-800-952-9243

Good to know in Arkansas

• Arkansas is one of the least tenant-protective states: no repair-and-deduct, no rent withholding, and no anti-retaliation law.
• The deposit law covers only landlords with six or more units or a property manager. With smaller landlords, get the deposit terms in writing.
• After an eviction case is served, you have only 5 days (not counting Sundays and holidays) to file a written objection, and you must pay rent into the court registry to stay.

Free tools for Arkansas renters

Pre-set for Arkansas. Free, no account needed.

Deposit return calculator for Arkansas

Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed.

Security deposit demand letter for Arkansas

A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.

Repair request letter for Arkansas

Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.

Eviction notice timeline for Arkansas

Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.

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