Arkansas Residential Lease Agreement
Arkansas caps most security deposits at 2 months' rent (1 exception applies), and requires its return within 60 days after the lease ends.
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Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Arkansas lease rules at a glance
Arkansas lease disclosures checklist
Arkansas's Residential Landlord-Tenant Act adds no state move-in disclosure, so the federal lead-paint disclosure, warning statement and EPA pamphlet for pre-1978 housing is the notice a landlord must give before the lease is signed (40 CFR 745.107; Ark. Code § 18-17-101 et seq.). (40 CFR 745.107, Act 1004 of 2007 (Arkansas Residential Landlord-Tenant Act of 2007, Ark. Code § 18-17-101 et seq.), Act 1052 of 2021 (Ark. Code § 18-17-502))
- Lead-based paint disclosure, lead warning statement and EPA pamphlet — Housing built before 1978 (unless exempt under 40 CFR 745.101)42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F (§ 745.107)
MakeLease generates a customizable lease; add these Arkansas disclosures and terms.
Before you sign in Arkansas
- Deposit cap exceptions in Arkansas
- Two months' periodic rent; the deposit subchapter does not apply to individual owners with five or fewer units who manage them themselves Ark. Code Ann. § 18-16-304; § 18-16-303 (exemption) — summarized by the Arkansas Attorney General, Act 459 of 2025, §§ 1-2 (local preemption 'except as provided under § 18-16-304')
- Individual owner (with spouse, minor children and their rental entities) owns 5 or fewer dwelling units and does not use a paid third-party manager (subchapter does not apply): no cap
- If a deposit is withheld wrongly
- A landlord who wrongfully withholds a deposit can owe the tenant twice the amount withheld plus attorney's fees, unless it proves a bona fide error or good-faith dispute (Ark. Code Ann. § 18-16-306). (Ark. Code Ann. § 18-16-306 — Arkansas Code is officially published via LexisNexis; Attorney General overview of the deposit law)
- Deductions from the deposit
- A landlord who deducts unpaid rent or damages must itemize them in a written notice delivered to the tenant with any balance (Ark. Code Ann. § 18-16-305(a)(2)). (Ark. Code Ann. § 18-16-305(a)(2) — summarized by the Arkansas Attorney General)
- Interest on the deposit
- Arkansas law does not require landlords to pay interest on security deposits (Ark. Code Ann. §§ 18-16-301 to -306 are silent). (Ark. Code Ann. §§ 18-16-301 to -306 (silent on interest) — summarized by the Arkansas Attorney General)
- Rent control and increases
- Arkansas has no rent control, and state law bars counties and cities from controlling rent, rental application fees or deposits on private residential or commercial rentals (Ark. Code §§ 14-16-601(b), 14-54-1409(b), as amended by Act 459 of 2025). (Act 459 of 2025, §§ 1-2 (Ark. Code §§ 14-16-601, 14-54-1409))
No statewide rent control. Counties, cities and other local governments may not enact, maintain or enforce an ordinance or resolution that would control the amount charged for rent, rental application fees or rental deposits for private residential or commercial property, except as provided under § 18-16-304; they may still manage property in which they hold an interest (Ark. Code §§ 14-16-601, 14-54-1409).
- If rent goes unpaid
- Once rent is five days late the landlord may terminate the rental agreement, and before suing for unlawful detainer the landlord must give the tenant a three-day written notice to vacate (Ark. Code §§ 18-17-701(b), 18-60-304). (Ark. Code § 18-60-304 (unlawful detainer), as stated by the Arkansas Attorney General, Act 1004 of 2007, § 1 (Ark. Code § 18-17-701(b)))
Arkansas lease FAQs
How much can a landlord charge for a security deposit in Arkansas?
Landlords covered by the Residential Security Deposit law may not demand or receive a deposit above two months' rent (Ark. Code Ann. § 18-16-304) (Ark. Code Ann. § 18-16-304; § 18-16-303 (exemption) — summarized by the Arkansas Attorney General).
How long does a Arkansas landlord have to return a security deposit?
Landlords must return the deposit, or the balance with a written itemized notice of deductions, within 60 days after the tenancy ends (Ark. Code Ann. § 18-16-305(a)) (Ark. Code Ann. § 18-16-305 — summarized by the Arkansas Attorney General).
Is there a limit on late fees in Arkansas?
Arkansas sets no statutory cap on residential late fees, so any late fee must be in the rental agreement and should be a reasonable estimate of the landlord's costs (Ark. Code Ann. tit. 18, ch. 16-17) (Ark. Code Ann. tit. 18, chs. 16-17 (no residential late-fee cap) — Attorney General landlord-tenant overview is silent on late fees). Arkansas law sets no grace period before a residential late fee may be charged, so the lease's due date and any lease grace period control (Ark. Code Ann. tit. 18, ch. 17) (Ark. Code Ann. tit. 18, ch. 17 (no late-fee grace period) — Attorney General landlord-tenant overview).
How much notice must a Arkansas landlord give before entering a rental?
Arkansas sets no advance-notice period for landlord entry; the statute only says a tenant may not unreasonably refuse entry for inspections, repairs, services or showings, so notice terms come from the lease (Ark. Code Ann. § 18-17-602) (Ark. Code Ann. § 18-17-602 (FindLaw copy, current as of Mar. 28, 2024)).
How much notice ends a month-to-month tenancy in Arkansas?
Under Arkansas's Residential Landlord-Tenant Act, a landlord or tenant ends a month-to-month tenancy with written notice given at least 30 days before the termination date stated in it (Ark. Code Ann. § 18-17-704) (Ark. Code Ann. § 18-17-704 — Attorney General summary ('one rental period's notice')).
What disclosures does a Arkansas lease need?
Arkansas's Residential Landlord-Tenant Act adds no state move-in disclosure, so the federal lead-paint disclosure, warning statement and EPA pamphlet for pre-1978 housing is the notice a landlord must give before the lease is signed (40 CFR 745.107; Ark. Code § 18-17-101 et seq.). The list covers Lead-based paint disclosure, lead warning statement and EPA pamphlet.
More on renting in Arkansas
- Arkansas landlord-tenant law — every topic in full, compared with neighbouring states
- Arkansas security deposit law — limit, return deadline and a deadline calculator
- Louisiana residential lease agreement
- Mississippi residential lease agreement
- Missouri residential lease agreement
- Notice to vacate
- Lead paint disclosure
- Lease agreements for other states
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