Tenant Rights in Arkansas

Security Deposits

• Maximum amount2 months' rent.
• Return deadline60 days after the tenancy ends.

Landlord may deduct for damages beyond normal wear and tear and unpaid rent. Must provide an itemized list of deductions.

Eviction Process

• Notice requirements3-day notice to vacate for nonpayment of rent (14-day for other lease violations under the landlord-tenant act, but many tenancies fall outside the act). Criminal eviction statute (Ark. Code § 18-16-101) allows a 10-day notice.
• Judicial eviction requiredYes
• Estimated timeline2 to 4 weeks for uncontested cases.

Rent Control

Arkansas has no rent control laws. There are no state or local rent stabilization measures.

Repair and Habitability

• Repair and deductNot allowed
• Rent withholdingNot allowed
• Retaliation protectionNo

Lease Termination

• Month-to-month notice30 days' written notice by either party.

Tenant may be liable for the remaining rent on the lease. Arkansas does not have a strong statutory duty for the landlord to mitigate damages. Military members may terminate under the federal SCRA.

Key Statutes

• Arkansas Residential Landlord-Tenant Act: Ark. Code §§ 18-17-101 to 18-17-913
• Security Deposits: Ark. Code § 18-16-304
• Eviction (Unlawful Detainer): Ark. Code § 18-60-301 et seq.
• Criminal Eviction: Ark. Code § 18-16-101

When to Get Legal Help

• You're facing eviction, especially with short notice
• Your landlord is withholding a large security deposit
• You believe you're being discriminated against
• Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Arkansas

Frequently Asked Questions

• What is the security deposit limit in Arkansas?

  Arkansas limits security deposits to 2 months' rent. The landlord must return the deposit within 60 days after the tenancy ends, minus any lawful deductions.

• Can a tenant withhold rent for repairs in Arkansas?

  No. Arkansas law does not provide a statutory repair-and-deduct or rent withholding remedy. Tenants must pursue other remedies, such as contacting code enforcement or filing a court action.

• Does Arkansas have retaliation protections for tenants?

  Arkansas does not have a comprehensive statutory protection against landlord retaliation. However, tenants covered under the Arkansas Residential Landlord-Tenant Act (which only applies when landlords voluntarily opt in) may have some protections.

• How much notice does a landlord have to give to evict for nonpayment in Arkansas?

  A landlord must give at least 3 days' notice to vacate for nonpayment of rent before filing an eviction lawsuit. The older criminal eviction statute provides for a 10-day notice period.

Sources

• Arkansas Code Title 18 - Property