Arkansas Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

Arkansas landlords who own 6 or more rental units (or use a paid 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 is Ark. Code 18-16-301 through 18-16-306. Section 18-16-304 caps the deposit at 2 months' periodic rent, and 18-16-305 sets the 60-day refund duty. But there is an important threshold in 18-16-303: the subchapter does not apply to dwelling units owned by an individual (together with a spouse, minor children, and related entities) who collectively owns 5 or fewer dwelling units. That exemption is lost if a third party handles management, including rent collection, for a fee. So if your landlord personally owns fewer than 6 units and manages them without a paid manager, these deposit 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 under Ark. Code 18-16-306, which allows recovery of the money due, damages of up to two times the amount wrongfully withheld, costs, and reasonable attorney's fees.

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 may terminate by written notice given at least 30 days before the termination date stated in the notice (Ark. Code 18-17-704(b)). A week-to-week tenancy takes at least 7 days' written notice under 18-17-704(a). The statute sets a flat number of days, not a "one rental period" formula, so count the days from delivery of the notice.

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.

Act 1052 is codified at Ark. Code 18-17-502, "Implied residential quality standards." It implies into all leases and rental agreements for residential purposes a requirement that the dwelling unit or single-family residence have, both when possession is delivered and throughout the term: 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 conforming to the building and housing codes in effect at installation; a functioning roof and building envelope; and a functioning heating and air conditioning system, to the extent an HVAC system served the premises when the lease was signed. The statute does not require a landlord to install amenities the unit did not already have, and it excuses failures caused by an act of God, a public utility failure, or other force majeure.

Two limits decide whether the standards reach your tenancy. First, they apply only to lease or rental agreements entered into or renewed after November 1, 2021, so a tenancy that started before that date and has never been renewed is not covered. Second, there is no landlord-size threshold: the 5-or-fewer-unit exemption in Ark. Code 18-16-303 is written to apply to "this subchapter," the security-deposit subchapter, and it does not carve small landlords out of the habitability standards. Chapter 18-17's own exclusions in Ark. Code 18-17-202 are occupancy types (institutional residence, transient hotel stays, employee housing, agricultural tenancies, shelters), not landlord size.

If a landlord fails to meet the standards, the tenant must deliver written notice of the noncompliance by certified mail or another method the lease allows, specifying the acts and omissions. If the payment of rent is current and the landlord does not fix the problem within 30 calendar days of receiving that notice, the tenant's sole remedy is to terminate the lease without penalty and receive a refund of any security deposit recoverable under Ark. Code 18-16-301 et seq. A tenant who has stopped paying rent loses that remedy. The statute also lets a landlord defend by showing the tenant signed a move-in defect form without noting the problem, failed to return that form within two business days, refused entry to allow the repair, or caused the damage.

Repair-and-deduct is NOT available in Arkansas. Ark. Code 18-17-502(d)(3) states that nothing in the chapter excuses a tenant from paying rent and that a tenant shall not offset or withhold rent for any alleged or actual violation of the implied quality standards. The section also does not relieve a landlord from complying with any stricter local housing standard. 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.

No Arkansas statute sets a separate notice period for a rent increase. In practice, a landlord raising rent on a month-to-month tenancy has to end or change the existing tenancy, which takes the same 30 days' written notice required by Ark. Code 18-17-704(b). 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.

Related pages:

• Landlord-Tenant Laws by State (hub)
• Arkansas Eviction Notice
• Arkansas Squatters Rights

More Arkansas Laws

• Arkansas Property Records
• Arkansas Restraining Order Laws
• Arkansas Squatters Rights Laws
• Arkansas Unclaimed Property

Frequently Asked Questions

How long does a landlord have to return my deposit in Arkansas?

An Arkansas landlord covered by the deposit subchapter (6 or more units, or units managed for a fee by a third party) must return your security deposit, with a written itemized deduction list, within 60 days after you vacate and return possession, under Ark. Code 18-16-305. If the landlord misses this deadline, Ark. Code 18-16-306 lets you sue for the amount due plus damages of up to twice the amount wrongfully withheld, costs, and attorney's fees.

What is the maximum security deposit in Arkansas?

Ark. Code 18-16-304 caps security deposits at 2 months' periodic rent. The cap applies only to landlords covered by the subchapter. Under Ark. Code 18-16-303, an individual who owns 5 or fewer dwelling units is exempt unless a third party manages the units for a fee.

How much notice must a landlord give to enter in Arkansas?

Arkansas has no statutory minimum for landlord-entry notice. The lease controls. If the lease is silent, courts apply a general reasonableness standard. Tenants should negotiate a specific notice period (such as 24 or 48 hours) into their lease before signing.

How much notice is needed to end a month-to-month lease in Arkansas?

Ark. Code 18-17-704(b) requires written notice given at least 30 days before the termination date stated in the notice, and either the landlord or the tenant may give it. A week-to-week tenancy takes at least 7 days' written notice under 18-17-704(a).

Can I withhold rent for repairs in Arkansas?

No. Ark. Code 18-17-502(d)(3) expressly bars a tenant from offsetting or withholding rent over a violation of the implied quality standards, and Arkansas does not allow repair-and-deduct. If your landlord fails to fix a covered problem (running water, electricity, potable water, plumbing and sewer, roof, existing HVAC), deliver written notice of the noncompliance. If your rent is current and the landlord does not act within 30 calendar days, your sole statutory remedy is to terminate the lease without penalty and get back any recoverable security deposit.

Can a landlord raise rent in Arkansas?

Yes. Arkansas has no rent control and no statutory limit on rent increases, and state law preempts local rent control ordinances statewide. No statute sets a separate rent-increase notice period, but changing rent on a month-to-month tenancy means ending or changing that tenancy, which takes the 30 days' written notice required by Ark. Code 18-17-704(b).

Does Arkansas have a warranty of habitability?

Yes, since Act 1052 of 2021, codified at Ark. Code 18-17-502. Before that, Arkansas had no statutory habitability warranty. The standards are implied in all residential leases and rental agreements entered into or renewed after November 1, 2021, with no landlord-size threshold, and cover running water, electricity, potable drinking water, plumbing and sanitary sewer, a functioning roof and building envelope, and any HVAC system that already served the unit. The remedy is narrow: written notice, 30 days to cure, and termination of the lease if rent is current. Repair-and-deduct and rent withholding are not allowed.