What clauses are legally required in every Arkansas lease agreement?
Every Arkansas lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. Since Act 1052 of 2021 (Ark. Code §§ 18-17-501–502), every residential lease entered into or renewed after November 1, 2021 carries a set of minimum quality standards at the start of the tenancy — a sound structure, running and drinkable water, available electricity, working plumbing, and HVAC. Note that this is a quality-standards floor rather than a full implied warranty of habitability: the tenant's statutory remedy is to move out, not to withhold rent or repair-and-deduct. A lease longer than one year should be in writing.
Arkansas security deposit rules — the two-month cap and 60-day return
Ark. Code §§ 18-16-303 to 18-16-306 govern deposits:
- Cap: no more than two months' rent (§ 18-16-304).
- Small-landlord exemption: a landlord who (with spouse and minor children) owns five or fewer rental units and does not use a third party to manage or collect rent for a fee is exempt from the deposit rules (§ 18-16-303).
- Return: within 60 days after termination and delivery of possession, the landlord must deliver a written itemized notice of any deductions and the balance (§ 18-16-305).
- Penalty: a landlord who wrongfully fails to comply can be liable for up to double the deposit (§ 18-16-306).
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in Arkansas
Arkansas does not set a statutory cap on residential late fees. A late fee is enforceable if it is written into the lease and reasonable. Note a common online error: the "$30 or 20% of rent" figure sometimes cited as an Arkansas cap comes from the self-service storage statute (§ 18-16-411), not residential leases — residential Arkansas has no statutory late-fee cap and no mandatory grace period.
Notice periods to end or not renew an Arkansas lease
Arkansas notice periods:
| Situation | Notice | Statute |
|---|---|---|
| Terminate month-to-month tenancy | 30 days (no cause required) | § 18-17-704 |
| Nonpayment (civil unlawful detainer) | 3-day notice to vacate, then file suit | § 18-60-304 |
Arkansas is unusual in also having a criminal "failure to vacate" statute (§ 18-16-101); several trial courts have found it unconstitutional, but it has not been struck statewide, so most landlords use the civil unlawful-detainer process. Self-help eviction is unlawful.
What disclosures must Arkansas landlords provide?
Arkansas requires very little at the state level:
- Lead-based paint (federal): the disclosure, records, and EPA pamphlet for pre-1978 housing.
- No general state disclosure mandate: Arkansas has essentially no unique statutory lease-disclosure requirement beyond federal lead paint. Providing the landlord's name and address and a flood-zone notice is good practice but not a specific statutory duty.
What happens if an Arkansas lease is missing required terms?
Specific failures carry specific consequences (for landlords not covered by the small-landlord exemption):
- Deposit over the two-month cap: the tenant can recover the excess.
- Missed 60-day return / no itemization: up to double the deposit (§ 18-16-306).
- Failing the Act 1052 quality standards: the tenant may terminate and move out (§§ 18-17-501–502).
Managing rentals in more than one state? Compare Arkansas's rules with our Texas and Missouri lease requirement guides.
Full Arkansas disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a Arkansas landlord must give at signing, see our Arkansas required lease disclosures checklist.
Create your Arkansas lease agreement
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Create your Arkansas lease agreement →Frequently asked questions
What is the maximum security deposit in Arkansas?
Two months' rent (Ark. Code § 18-16-304). However, landlords who own five or fewer units and do not use a paid manager are exempt from the deposit rules entirely (§ 18-16-303).
How long does an Arkansas landlord have to return a security deposit?
Within 60 days after the tenancy ends and possession is delivered, with a written itemized notice of any deductions. Noncompliance can cost up to double the deposit (Ark. Code §§ 18-16-305, 18-16-306).
Is there a late-fee limit in Arkansas?
No. Arkansas does not cap residential late fees; the fee must be in the lease and reasonable. The "$30 or 20%" figure seen online is the self-storage statute, not a residential rule.
How much notice is required to end a month-to-month tenancy in Arkansas?
Thirty days' written notice by either party, with no cause required (Ark. Code § 18-17-704). Nonpayment evictions use a 3-day notice to vacate (§ 18-60-304).
Does Arkansas have a warranty of habitability?
Only a limited one. Act 1052 of 2021 (Ark. Code §§ 18-17-501–502) sets minimum quality standards at the start of a tenancy, but the tenant's statutory remedy for a breach is to move out — there is no rent withholding or repair-and-deduct right.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.