How To Get Your Arkansas Renters' Rights Back
As rent prices begin to skyrocket again, you need to understand your Arkansas renter rights. Fight to get your security deposits back, have the property repaired, avoid illegal eviction, and more with the help of DoNotPay
Landlord-Tenant Law in Arkansas
is a heavily landlord-friendly state. Unlike in other states, landlords can manage their rental agreement as they wish because they don't contend with many regulations. In essence, they enjoy an upper hand over renters regarding .
However, the landlord-tenant law has crucial general clauses that you need to consider:
1. Rent Payments
Like, in most states, should clear rent at the beginning of every month. The landlords aren't required to prepare and send receipts to renters but usually do so as a good practice.
Currently, the state lacks rent control policies. Therefore, landlords can lower or raise the rent at free will. Also, they don't have to notify the renters. But landlords cannot raise the amount as a way of retaliating.
2. Grace Periods and Late Fees
Arkansas also lacks a grace period and late fee laws. Therefore, landlords can impose late fees to motivate renters to clear rent on time. However, the amount shouldn't be unreasonable.
3. Lease Termination
Renters may end the lease agreement at will. But before doing so, they should notify their landlord in writing. The notice amount varies with tenancy types:
| Weekly lease | 7-day notice |
| Monthly | 30-days' notice |
| Quarterly | Non-applicable |
| Yearly | Not applicable |
However, the renter can terminate a lease before it ends for any of these reasons:
- Active military duty
- Breach of agreement or housing policies
- Early termination clause
4. Eviction
A landlord may evict a tenant if they consider them unfit to continue living in their apartment. But the landlord must provide a particular notice amount before starting the eviction. The tenant may be evicted due to:
| Unpaid rent | If the renter frequently fails to clear rent on time, the landlord may start evicting them within five days (Unlawful Detainer claim). Here, no eviction notice is required. |
| Violation of agreement | If the renter breaches local housing policies or lease terms, the landlord can give them a 2-weeks' notice (in writing) to cure or quit. |
| Illegal activity | Has the landlord proved that their tenant engages in criminal activities? They can give the tenant an unconditional 3-days' written notice of eviction. If the renter fails to vacate the building within three days, legal action may start. |
Security Deposit and Security Deposit Returns
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Arkansas Security Deposit Laws
Like everywhere else, Arkansas landlords can collect security deposits. These charges protect them against violations of their rights and cover property damages plus unpaid arrears. They don't have to give out a receipt for this deposit.
The value of security deposits shouldn't exceed two months' rent total.
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Security Deposit Return
Within 60 days of the tenant vacating a property, they must get the security deposit back. If a landlord fails to adhere to this requirement, the tenant can approach a lawyer for legal help.
However, the landlord may withhold part of the amount if there is:
- Excess property damage
- Pending bills, or rent
- Violation to lease or local housing code
The landlord is required to give their tenant a list of deductions within 60 days of the renter vacating their building.
Know Your Rights as a Tenant in Arkansas
There's a new renters protection act in Arkansas. Act 1052 of 2021 allows you to terminate the tenancy without penalties and receive your security deposit if the landlord fails to provide a conducive living environment. The landlord must rectify the issue within 30 days. But be sure you don't have rent arrears.
The following facilities should be available and functional, as per the Arkansas landlord-tenant law:
- Air conditioning system
- An electricity source
- A source of running water (cold and hot)
- A sanitary sewage system
- A source of potable drinking water
- Building envelope and roof
Those are minimum living standards in rental houses. But experts warn that landlords may retaliate against complaining renters due to the language used in this law. The law needs to cover more rental standards and options for renters whose landlords breach the standards.
How to Demand Your Arkansas Renter’s Rights on Your Own
Some landlords can deny you your rights for no reason at all. But as long as you understand Arkansas landlord-tenant laws, be sure to fight back.
You can issue that unscrupulous landlord a demand letter:
- Type your demand letter
- Review the core facts concisely
- Be polite throughout
- State your demands clearly
- Indicate a deadline
- Towards the end, state that you'll pursue legal actions if the landlord fails to meet your demands
- Keep copies
- Send the letter to your landlord
The problem is that starting a dispute with your landlord can be intimidating. That's why you need DoNotPay to come to your rescue.
Let DoNotPay Help You Get Your Rights Back
Say goodbye to intimidation. DoNotPay's Landlord Protection product will guide you through the process and file your claims on your behalf.
Let's help you:
- Break your lease early
- Get back the right amount of your security deposits
- Resolve conflicts with roommates
- Resolve conflicts with the landlord regarding repairs
You're a few clicks away from solving the issues:
- Go to DoNotPay's Landlord Protection product.
- Choose the issue at hand.
- Answer a few questions for us to gather the necessary details to craft your demand letter.
- Decide whether we can send the letter to your landlord or roommate on your behalf.
- Did you try sending a demand letter but fail? Let's help you file your demand with the small claims court.
As simple as that. You’ll go on with your life unbothered as you wait for a reply from the landlord.