Arkansas Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Arkansas Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
Arkansas landlords who own 6 or more rental units (or use a property manager) may collect up to 2 months' rent as a security deposit and must return it within 60 days after the tenancy ends. Arkansas has no fixed statutory notice period for landlord entry; the lease governs.
Security deposits in Arkansas
Arkansas security-deposit law (Ark. Code 18-16-301 through 18-16-306) sets a cap of 2 months' rent, but there is an important threshold: the law only applies to landlords who own or control 6 or more rental dwelling units, or who employ a property manager. If your landlord owns fewer than 6 units and manages them personally, these deposit-return rules may not be enforceable against them under state statute.
For covered landlords, the deposit must be returned within 60 days after the tenancy ends and the tenant has vacated. The landlord must provide a written itemized statement of any deductions. If a covered landlord fails to return the deposit and the itemization on time, the tenant may sue for the wrongfully withheld amount.
| Rule | Arkansas |
|---|---|
| Maximum deposit | 2 months' rent (covered landlords only) |
| Return deadline | 60 days |
Permitted deductions include unpaid rent and damage beyond normal wear and tear. Routine wear (faded paint, small nail holes) is not deductible. Document the unit's condition with a dated, signed move-in checklist and photos to protect your deposit.
When can a landlord enter? Notice rules
Arkansas has no state statute that fixes a minimum notice period for landlord entry into a residential unit. This sets Arkansas apart from most other states. The practical result is that the lease controls. If your lease says 24 or 48 hours' notice is required, the landlord must follow that. If the lease is silent, courts apply a general reasonableness standard, which typically means at least one business day's advance notice during regular hours.
Tenants should include a clear notice-to-enter clause in any lease before signing, specifying the minimum hours required and limiting entry to normal business hours. A landlord who enters without any notice and without an emergency may be liable for damages under general property-law principles, but Arkansas does not have a specific tenant-remedy statute for unauthorized entry the way some states do.
In genuine emergencies (fire, flooding, a broken gas line), landlord entry without notice is permitted under general common-law principles.
Ending a lease: notice to vacate
For month-to-month tenancies in Arkansas, either the landlord or the tenant must give notice equal to one full rental period, which is typically 30 days for a monthly lease (Ark. Code 18-17-704). The notice should be in writing and timed to expire on or before the next rent due date.
For a fixed-term lease, neither party may end the tenancy early without cause unless the lease expressly permits it. If a landlord needs to remove a tenant for nonpayment or a lease violation, separate notice rules and shorter timelines apply under the Arkansas eviction statute.
For nonpayment of rent in Arkansas, the landlord must give 3 days' written notice to pay or quit before filing for eviction.
For detailed eviction notice requirements, forms, and steps, see the Arkansas eviction notice page at /eviction-notice/arkansas.
Repairs and the warranty of habitability
For much of its history, Arkansas had no statutory habitability warranty, making it one of the last states in the country without one. That changed when Act 1052 of 2021 took effect, creating Arkansas's first legislated habitability obligation for covered landlords.
Under Act 1052, codified at Ark. Code 18-17-601 and related sections, landlords must maintain: a functioning water supply; electrical systems in safe working order; a weatherproof roof; working plumbing; and any heating or cooling (HVAC) system that existed when the unit was rented. The warranty applies only to landlords covered by the 6-unit threshold. It does not require landlords to install amenities not already present in the unit.
If a landlord fails to correct a habitability problem, the tenant must give at least 30 days' written notice. If the landlord still does not act, the tenant may terminate the lease. Critically, repair-and-deduct is NOT available in Arkansas. The tenant cannot fix the problem and subtract the cost from rent. Remedies are limited to termination after proper notice, or a court action. Tenants who need an emergency repair should consult a legal aid attorney about a court remedy.
Rent, late fees, and rent control
Arkansas sets no statutory cap on late fees. The lease may specify any amount the parties agree to in writing. Courts will generally enforce a stated late fee if it is reasonable in proportion to the rent. Tenants should review late-fee terms carefully before signing.
There is no statutory requirement in Arkansas for how much advance notice a landlord must give before raising rent on a month-to-month tenancy beyond the normal one-period notice to end or modify the lease. For a fixed-term lease, rent is locked at the agreed amount for the lease term unless the lease allows increases.
Arkansas state law preempts any local rent control ordinance. No city or county in the state may cap residential rents, limit rent increases, or impose rent stabilization requirements. Tenants in Little Rock, Fayetteville, or any other Arkansas city have no rent-control protections.
If you have a landlord-tenant dispute in Arkansas
Start by putting everything in writing. A dated letter or email creates a record that courts and mediators can use. For deposit disputes, send a written demand via certified mail once the 60-day return period has passed.
For cases involving amounts within the small-claims limit (up to $5,000 in Arkansas District Court), you can file without an attorney. Bring your lease, the move-in checklist, move-out photos, and all written communications.
The Arkansas Attorney General's Office publishes a Landlord and Tenant Rights guide and has a consumer-protection hotline. For tenants who meet income guidelines, Legal Aid of Arkansas offers free legal services in landlord-tenant matters, including habitability complaints and eviction defense.
If you believe your landlord has retaliated against you for complaining about conditions (for example, by threatening eviction after you requested a repair), document the timeline carefully. While Arkansas does not have an explicit anti-retaliation statute as robust as some states, common-law and constitutional principles may still provide remedies, and an attorney can advise on the options.
Because Arkansas landlord-tenant law is less protective than many states, particularly for tenants of small landlords or in cases requiring repair remedies, getting qualified legal advice early can make a significant difference.
This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.
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- Arkansas Alimony Laws
- Arkansas At-Will Employment Laws
- Arkansas Car Accident Laws
- Arkansas Car Seat Laws
- Arkansas Child Custody Laws
- Arkansas Child Support Laws
- Arkansas Common Law Marriage Laws
- Arkansas Data Privacy Laws
- Arkansas Divorce Laws
- Arkansas Dog Bite Laws
- Arkansas Emancipation Laws
- Arkansas Expungement Laws
- Arkansas Hit and Run Laws
- Arkansas Lemon Laws
- Arkansas Power of Attorney Laws
Sources
- Arkansas Landlord-Tenant Rights: Arkansas Attorney General, Landlord and Tenant Rights
- Ark. Code 18-16-301 et seq. (Security Deposits): Arkansas Legislature, Title 18 (Arkansas Legislature)
- Ark. Code 18-17 (Residential Landlord-Tenant Act, including Act 1052 of 2021 habitability): Arkansas Code (Arkansas Legislature)
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