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Arkansas

An Arkansas standard residential lease agreement is a legally binding contract that allows a tenant to occupy a property in exchange for monthly rent. This agreement outlines the rights and responsibilities of both the landlord and tenant.

Rental Application

A rental application is a form filled out by lease applicants to provide information to the landlord and consent for a background check. It is used by landlords to verify a prospective tenant’s financial circumstances and ability to pay rent.

Required Disclosures

Arkansas landlords must provide certain disclosures in residential lease agreements:

  1. Lead-Based Paint Disclosure & EPA Pamphlet: If the property was built before 1978, landlords must inform tenants of the possibility of lead-based paint and provide an EPA-approved pamphlet about its dangers.

  2. Landlord’s Name & Address: The lease must include the names and addresses of all signers.

  3. Move-In Inspection Form: Landlords must disclose any defects related to utilities and services, including electricity, potable drinking water, sanitary sewer systems, plumbing, roof, structure, heating, and air conditioning systems.

Security Deposit Laws

  • Maximum Amount: A landlord may not require a security deposit that exceeds two months’ rent.
  • Returning to Tenant: The landlord must return the deposit within 60 days of the lease termination.
    • Itemized List: An itemized list of any deductions from the security deposit must be mailed to the tenant’s forwarding address.
    • Unable to Locate Tenant: If the payment is returned and the landlord cannot locate the tenant, the deposit becomes the landlord’s property after 180 days.

Rent Payment Laws

  • Grace Period: Not specified in state law.
  • Late Fee: Not specified in state law.
  • NSF Fee: If a tenant’s rent check bounces, the landlord can charge a fee of $30 per check.

Lease Duration

In Arkansas, lease agreements can be for any length of time, as long as it is specific and agreed upon in writing. Oral leases can be valid but usually cannot exceed one year.

Binding Nature of Lease Agreements

A lease agreement is legally binding in Arkansas once signed. While written agreements are preferred, oral leases may be enforceable under certain circumstances.

Notarization

Lease agreements do not need to be notarized in Arkansas to be valid.

Automatic Renewal

Leases can automatically renew in Arkansas, typically becoming a month-to-month rental agreement unless otherwise specified.

Consequences of Non-Compliance

Failure to include mandatory disclosures can lead to legal consequences, including fines for violations such as the federal lead-based paint hazard disclosure.

FAQs

In Arkansas, landlords must provide three required disclosures in a residential lease agreement: a Lead-Based Paint Disclosure for properties built before 1978, the landlord’s name and address, and a Move-In Inspection Form detailing any defects in utilities and services.

In Arkansas, a landlord may not require a security deposit that exceeds two months’ rent. This deposit must be returned to the tenant within 60 days of the lease termination, along with an itemized list of any deductions.

Arkansas state law does not specify a cap on late fees for rent payments, allowing landlords to set their own fees within the lease agreement. However, these fees should reasonably reflect the costs incurred due to late payment.

No, lease agreements in Arkansas do not need to be notarized to be legally binding. A written agreement signed by both parties is sufficient for enforceability.

Yes, a lease can automatically renew in Arkansas. If neither party takes action at the end of the initial tenancy period, the lease typically converts to a month-to-month rental agreement with the same terms.

If a tenant’s rent check bounces, the landlord can charge a fee of $30 per check. If the fee is not paid within 15 days of a written demand, the landlord may bill for double the amount of the check, plus the $30 returned check fee.

Landlords who fail to provide federally or state-mandated disclosures may face legal consequences, including fines and the potential for lease provisions to be unenforceable. For example, failing to disclose lead-based paint hazards can result in significant fines.

In Arkansas, landlords must return the security deposit to the tenant within 60 days of lease termination. They are also required to provide an itemized list of any deductions made from the deposit, sent via first-class mail to the tenant’s forwarding address.