Arkansas Landlord-Tenant Law
The rules for renting in Arkansas — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Arkansas
- Security deposit limit
- Two months' rent. Example: with rent of $500, the maximum deposit is $1,000. The deposit rules apply only to landlords who rent six or more dwellings. Ark. Code Ann. §§ 18-16-303, 18-16-304
- Deposit return deadline
- Within 60 days after the tenant moves out. Ark. Code Ann. § 18-16-305
- Notice for unpaid rent
- For a civil unlawful detainer, the landlord must give three days' written notice to vacate before filing. Ark. Code Ann. § 18-60-304
- Ending a month-to-month lease
- Either the landlord or the tenant may end a month-to-month tenancy by written notice given at least 30 days before the termination date stated in the notice (7 days for a week-to-week tenancy). The landlord needs no reason. A fixed-term written lease ends on its own terms. No statute sets a separate notice period for rent increases; the Attorney General advises giving at least one rental period's notice. Ark. Code Ann. § 18-17-704(a)-(b)
- Landlord entry notice
- No statute — Arkansas sets no advance-notice requirement for landlord entry. The tenant may not unreasonably withhold consent for the landlord to enter to inspect, make necessary or agreed repairs, decorations, alterations, or improvements, supply services, investigate possible rule or lease violations or criminal activity, or show the unit to prospective or actual buyers, lenders, tenants, workers, or contractors. The tenant may not change the locks without the landlord's permission. If the tenant refuses lawful access, the landlord may seek an injunction in district court (no bond) or terminate the lease, and recover actual damages and reasonable attorney's fees. Ark. Code Ann. §§ 18-17-602, 18-17-705
- Rent control / increase limits
- Local rent control is preempted. Local governments may not enact, maintain, or enforce ordinances controlling rent, and since Act 459 of 2025, rental application fees or rental deposits, for private residential or commercial property. There is no statewide rent cap. Ark. Code Ann. §§ 14-16-601, 14-54-1409 (as amended by Act 459 of 2025)
Last verified against official sources: 2026-10-22
Security Deposits in Arkansas
| Security deposit limit | Two months' rent. Example: with rent of $500, the maximum deposit is $1,000. The deposit rules apply only to landlords who rent six or more dwellings. Statute: a landlord may not demand or receive a deposit (however labeled) above two months' periodic rent (§ 18-16-304). Exemption (§ 18-16-303): units owned by an individual (with spouse, minor children, and entities they control) who owns five or fewer units, unless managed by a third party for a fee. The AG page phrases this as 'six or more.' Statute text verified on the FindLaw mirror (code current as of March 28, 2024; official A.C.A. only via LexisNexis). Act 459 of 2025 bars local governments from regulating rental deposit amounts except as provided in § 18-16-304. |
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| Deposit return deadline | Within 60 days after the tenant moves out. Applies only to landlords covered by the deposit subchapter (six or more dwellings, per the AG). Source: Ark. Code Ann. § 18-16-305 |
| Itemized deductions | The landlord may deduct unpaid rent and the cost of repairing damage. Any deductions require a written, itemized list delivered to the tenant within 60 days of vacating. Source: Ark. Code Ann. § 18-16-305 |
| Interest on deposits | No statute — Arkansas law does not require a landlord to pay interest on a security deposit. Neither the security-deposit subchapter (§§ 18-16-301 to -306) nor the Landlord-Tenant Act's deposit section (§ 18-17-501) mentions interest; the lease governs. Checked §§ 18-16-301, -302, -303, -304, -305, -306 (the subchapter ends at -306) and § 18-17-501 as enacted by Act 1004 of 2007. Official A.C.A. is published only via LexisNexis; text verified on a public mirror (FindLaw, code current as of March 28, 2024 - older than 2025). arkleg 'Code Sections Amended' lists show no 2025R or 2026F acts amending §§ 18-16-301 to -306, Ch. 17, or §§ 18-60-301 et seq.; 2023R amended only § 18-60-307(b). |
| Penalty for withholding | If the landlord fails to comply with the deposit subchapter, the tenant may recover the property and money due plus damages equal to twice the amount wrongfully withheld, plus court costs and reasonable attorney's fees. If the landlord proves by a preponderance of the evidence that the failure came from an error despite reasonable procedures to avoid it, or from a good-faith dispute over the amount due, the landlord owes only costs and the amount wrongly withheld. Applies only to landlords covered by the subchapter (see the § 18-16-303 exemption). Official A.C.A. is published only via LexisNexis; text verified on a public mirror (FindLaw, code current as of March 28, 2024 - older than 2025). arkleg 'Code Sections Amended' lists show no 2025R or 2026F acts amending §§ 18-16-301 to -306, Ch. 17, or §§ 18-60-301 et seq.; 2023R amended only § 18-60-307(b). Source: Ark. Code Ann. § 18-16-306 |
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Eviction in Arkansas
| Notice for unpaid rent | For a civil unlawful detainer, the landlord must give three days' written notice to vacate before filing. § 18-60-304(3) (3 days' written notice to quit) verified on the FindLaw mirror (current as of March 28, 2024). Alternatives: under the Landlord-Tenant Act, rent unpaid 5 days after due is itself legal notice that the landlord may start eviction in district court (§ 18-17-901(b)) and lets the landlord terminate (§ 18-17-701(b)). Criminal failure to vacate (§ 18-16-101) remains in the code: 10 days' written notice; willful refusal to vacate is a misdemeanor, fine $1-$25 per day, each day a separate offense (text restored by Act 159 of 2017; no amendment since through the 2026 fiscal session per arkleg). Several circuit courts have held earlier versions unconstitutional. Source: Ark. Code Ann. § 18-60-304 |
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| Notice for lease violations | Three days' written notice to vacate before filing an unlawful detainer, the same as for nonpayment. No separate cure period for non-rent violations was verified from an official source. Source: Ark. Code Ann. § 18-60-304 |
| Lockouts & utility shutoffs | No statute — no Arkansas landlord-tenant statute expressly bans lockouts or utility shutoffs or gives the tenant a damages remedy for them. The statutory routes to regain possession are unlawful detainer (§§ 18-60-301 et seq., 3 days' written notice) and eviction in district court (§§ 18-17-901 et seq.), with the sheriff executing the writ. Act 1004 of 2007 has no self-help, lockout, or utility provision (the only lock rule, § 18-17-602(b), bars the TENANT from changing locks). Secondary sources say the Arkansas Supreme Court barred self-help eviction in Gorman v. |
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Notice to Vacate in Arkansas
| Ending a month-to-month lease | Either the landlord or the tenant may end a month-to-month tenancy by written notice given at least 30 days before the termination date stated in the notice (7 days for a week-to-week tenancy). The landlord needs no reason. A fixed-term written lease ends on its own terms. No statute sets a separate notice period for rent increases; the Attorney General advises giving at least one rental period's notice. Text from Act 1004 of 2007 (Arkansas Residential Landlord-Tenant Act as enacted); current wording matches the public code mirror (code current as of March 28, 2024). Official code not freely readable online. Older Attorney General guidance describes 'one rental period' of notice for oral leases; the statute's 30-day written-notice rule controls for month-to-month tenancies. |
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Landlord Entry in Arkansas
| Landlord entry notice | No statute — Arkansas sets no advance-notice requirement for landlord entry. The tenant may not unreasonably withhold consent for the landlord to enter to inspect, make necessary or agreed repairs, decorations, alterations, or improvements, supply services, investigate possible rule or lease violations or criminal activity, or show the unit to prospective or actual buyers, lenders, tenants, workers, or contractors. The tenant may not change the locks without the landlord's permission. If the tenant refuses lawful access, the landlord may seek an injunction in district court (no bond) or terminate the lease, and recover actual damages and reasonable attorney's fees. Text from Act 1004 of 2007 (the Residential Landlord-Tenant Act as enacted, approved April 3, 2007). § 18-17-705 is titled 'remedies for abuse of access' but gives no tenant remedy against a landlord. arkleg amendment lists (2013-2026) show no amendment to either section; current § 18-17-602 wording also matches the FindLaw mirror (code current as of March 28, 2024). Official A.C.A. is published only via LexisNexis. |
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Repairs & Habitability in Arkansas
| Repair and deduct | Not available. For leases entered into or renewed after November 1, 2021, the implied minimum standards are: hot and cold running water, electricity, potable drinking water, code-conforming sewer and plumbing, a functioning roof and building envelope, and existing heat and air conditioning. If the tenant is current on rent and gives written notice, and the landlord does not remedy the problem within 30 calendar days, the tenant's sole remedy is to terminate the lease without penalty and receive the recoverable deposit. The landlord is deemed compliant if the tenant signs a move-in defect form without noting defects or does not return it within 2 business days. Stricter local housing codes still apply. |
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| Withholding rent | Not allowed. A tenant may not offset or withhold rent for any alleged or actual violation of the implied quality standards. In an unlawful detainer, a tenant who stays in possession must deposit rent into the court registry. The AG also advises tenants to keep paying rent even if repairs are not made. |
| Retaliation protection | No statute — Arkansas has no landlord anti-retaliation statute. The Residential Landlord-Tenant Act (Ch. 17) and the deposit subchapter contain no retaliation provision or presumption period. Confirmed from the section list of Act 1004 of 2007 (no retaliation section) and arkleg amendment lists: Ch. 17 changes since are Act 315 of 2019 (§ 18-17-301(2) definition) and Act 1052 of 2021 (new § 18-17-502); no 2023, 2025, or 2026 act amended Ch. 17. arkleg has no amendment data for the 2009-2011 sessions. |
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Rent Increases & Late Fees in Arkansas
| Rent control / increase limits | Local rent control is preempted. Local governments may not enact, maintain, or enforce ordinances controlling rent, and since Act 459 of 2025, rental application fees or rental deposits, for private residential or commercial property. There is no statewide rent cap. Act 459 (SB 91) was approved April 3, 2025. |
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| Late fees | No statutory cap — no Arkansas statute limits residential late fees or requires a grace period. The Landlord-Tenant Act defines 'rent' to include late charges and lets the parties set rental terms not otherwise prohibited by law, so the lease governs. Act 1004 of 2007 contains no late-fee limit. The 5-day period in §§ 18-17-701(b) and 18-17-901(b) is a termination/eviction trigger, not a late-fee grace period. Act 315 of 2019 amended only § 18-17-301(2); no later act touched these sections (arkleg Code Sections Amended, 2013-2026). |
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Breaking a Lease in Arkansas
| Ending a lease: domestic violence | No statutory right to end a lease early. Ark. Code § 18-16-112 protects victims of domestic abuse whose status is documented by a court order. A landlord may not terminate, refuse to renew, refuse to lease, or retaliate because of the tenant's or a household member's victim status. With the landlord's prior consent and at the tenant's expense, the locks may be changed, and the new key must go to the other party. The landlord may evict the abuser. The statute does not let the victim end the lease or escape liability for rent. Text verified only on the FindLaw mirror (current as of March 28, 2024). Act 662 of 2025 amended only the 'sex crime' definition in § 18-16-112(a)(4)(A), adding capital rape. This was confirmed in the act text: https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2025R%2FPublic%2FACT662.pdf Source: Ark. Code § 18-16-112 |
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Squatters & Abandoned Property in Arkansas
| Squatters / unauthorized occupants | Unlawful squatting is a crime (Act 238 of 2025, new Ark. Code § 5-39-215). A person commits it by knowingly entering and residing on another's premises (dwelling, commercial building, or vacant land) without lawful authority when: the premises were not open to the public; the person cannot produce a deed or mortgage statement in their name, a lease signed by the owner or the owner's representative, a written or electronic agreement authorizing entry, or a rent receipt dated within the last 60 days; the owner has told the person to leave or reported the squatting to police; and no litigation is pending between owner and occupant. Police may accept a report only from the owner or the owner's authorized representative, and officers acting in good faith are immune. Penalties: first offense Class B misdemeanor, second Class A misdemeanor, third Class D felony. Producing a false document is a Class D felony, and so is a false report of squatting. The owner also has a private cause of action for damages, restitution, and attorney's fees. Current tenants, people with a valid occupancy agreement, and the owner's immediate family are excluded. Act 238 was approved March 4, 2025, with no emergency clause, so it took effect on the 2025 session's general effective date (exact date not separately verified). The act creates no separate civil affidavit-removal procedure. Occupants who claim a tenancy go through unlawful detainer or eviction (Ark. Code §§ 18-60-301 et seq., 18-17-901 et seq.). |
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| Belongings left behind | When a lease ends, voluntarily or involuntarily, any property the tenant leaves on the premises is treated as abandoned, and the landlord may dispose of it as the landlord sees fit without liability to the tenant. The statute requires no notice, storage period, or sale procedure. Property the tenant places on the premises is also subject to a landlord's lien for payments the tenant agreed to make. Text verified only on the FindLaw mirror (current as of March 28, 2024). The official A.C.A. is published only via LexisNexis. The caption of § 18-17-701 mentions 'removal of evicted tenant's personal property', but the enacted text (Act 1004 of 2007) has no such subsection. Source: Ark. Code § 18-16-108 |
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Rental Fees in Arkansas
| Application / screening fees | No state cap or refund rule for rental application or screening fees, and no portable screening report law. Since Act 459 of 2025, cities, counties, and other local governments may not regulate or control the amount of rental application fees (or of rent or deposits) for private residential or commercial property. Act 459 (SB 91) was approved April 3, 2025. The Residential Landlord-Tenant Act (Act 1004 of 2007) contains no application-fee provision. |
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| Other rental fees | No statute limits other rental fees (move-in, convenience, or online-payment fees) or requires total-cost-of-rent disclosure. The Landlord-Tenant Act lets the parties include any lease terms not prohibited by law, so the lease governs. Checked the enacted text of Ch. 17 (Act 1004 of 2007). Its only fee provisions are the $25 eviction-affidavit filing fee and a 3% fee on rent paid through the court. The general Deceptive Trade Practices Act was not reviewed. |
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Section 8, Records & Right to Counsel in Arkansas
| Section 8 / source of income | No. Arkansas has no statewide ban on refusing tenants who pay with housing vouchers (Section 8) or other lawful income. Source of income is not a protected class under the Arkansas Fair Housing Act. Text verified only on the FindLaw mirror (current as of March 28, 2024). The § 16-123-310 page lists race, color, religion, sex, familial status, and national origin, and does not mention source of income, vouchers, or Section 8. Local ordinances were not reviewed. Source: Ark. Code § 16-123-310 |
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| Right to a lawyer in eviction | No. Arkansas has no statewide right to a lawyer in eviction cases. The eviction subchapter as enacted (Act 1004 of 2007) has no provision for appointing counsel. Its only references to attorneys are fee-shifting rules. |
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Mold, Pests, Heat & AC in Arkansas
| Mold | No statute — Arkansas has no mold disclosure or remediation law for rentals. Arkansas's implied residential quality standards (for leases entered into or renewed after November 1, 2021) require only running hot and cold water, electricity, potable water, code-compliant sewer and plumbing, a functioning roof and building envelope, and working heat and air conditioning if it served the unit when the lease was signed. Mold is not listed. A leaking roof or failed building envelope that causes mold may fall under the 'functioning roof and building envelope' standard. The tenant's only remedy is to give written notice and, if the defect is not fixed within 30 days and rent is current, end the lease without penalty; rent may not be withheld. Stricter local housing codes still apply. |
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| Pests & bed bugs | No statute on pests or bed bugs. They are not among Arkansas's implied quality standards, so the lease and local codes govern who treats them. The tenant must keep the unit reasonably clean and safe and dispose of garbage in a reasonably clean and safe manner. Official code not freely readable online; text verified in the enacted acts (Act 1004 of 2007, Act 1052 of 2021) on the Arkansas Legislature site. |
| Heat | A functioning heating system is required only to the extent heating served the premises when the lease was signed (leases entered into or renewed after November 1, 2021). State law sets no minimum temperature. If heat fails, the tenant must give written notice; if the landlord does not fix it within 30 days and rent is current, the tenant may end the lease without penalty and get the deposit back. The tenant may not withhold rent. The standards do not apply to lease-to-purchase arrangements and are excused during acts of God, utility failures or similar force majeure events. |
| Air conditioning | A functioning air-conditioning system is required only if air conditioning served the premises when the lease was signed (leases entered into or renewed after November 1, 2021). There is no requirement to install AC and no maximum indoor temperature. The remedy is the same 30-day notice and lease termination as for heat. |
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Privacy, Guests & Animals in Arkansas
| Cameras & privacy | No landlord-specific statute. Using a camera or other image-recording device to secretly observe or record a person in a private area of a residence where they expect privacy, without consent, is video voyeurism (a felony). Security monitoring run by or at the direction of the residence's occupant is exempt. Recording a conversation is legal only if the recorder is a party or one party consents. Official code not freely readable online; text verified on a public code mirror (code current as of March 28, 2024). The security-monitoring exemption covers the occupant of a residence (the tenant), not the landlord. |
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| Guests & occupants | No statute — lease governs. Arkansas sets no guest-versus-tenant rule, state occupancy limit or roommate right. The tenant must make people on the premises with the tenant's permission behave so as not to disturb other tenants, and is responsible if they damage the premises. Local codes may set occupancy limits. |
| Service & support animals (state law) | Arkansas law guarantees people with visual, hearing or other physical disabilities full and equal access to rental housing, and makes interfering with that right a misdemeanor. Misrepresenting an animal as a service animal to a public accommodation carries a civil penalty of up to $250 per violation. Arkansas has no state statute on emotional support animal documentation or pet-fee limits in housing; the federal Fair Housing Act governs those requests. Official code not freely readable online; text verified on a public code mirror (code current as of March 28, 2024). The § 20-14-305 housing-access right does not cover a room rented in a single-family residence. § 20-14-310 refers to public accommodations, not housing. |
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How eviction works in Arkansas
Eviction cases are heard in: Circuit Court or District Court of the county where the property is located (unlawful detainer).
- Landlord gives the tenant three days' written notice to vacate
- Landlord files an unlawful detainer complaint with a supporting affidavit; the clerk issues a summons and a Notice of Intention to Issue Writ of Possession
- Sheriff or process server serves the tenant
- Tenant has 5 days, excluding Sundays and legal holidays, to file a written objection, and a tenant who stays must deposit the rent due into the court registry
- If no objection is filed, the clerk, upon order of the court, immediately issues a writ of possession (§ 18-60-307(b) as amended by Act 414 of 2023)
- If an objection is filed, a hearing is set; if the landlord shows it is likely to succeed and posts security, a writ of possession issues
- The sheriff executes the writ of possession
Written objection due within 5 days of service, excluding Sundays and legal holidays. Failing to deposit rent into the court registry without justification is grounds to grant the writ.
Source: Ark. Code Ann. §§ 18-60-304, 18-60-307 (as amended by Act 1052 of 2021 and Act 414 of 2023)
What surprises people about Arkansas rental law
- Arkansas's deposit cap and return rules do not apply to small landlords. Per the AG, they cover only landlords renting six or more dwellings (Arkansas AG; Ark. Code Ann. § 18-16-303).
- Habitability standards only arrived in 2021, and even now the tenant's only statutory remedy is to move out after 30 days' notice; no repair-and-deduct, no rent withholding (Act 1052 of 2021, Ark. Code Ann. § 18-17-502).
- A tenant who objects to an unlawful detainer and stays must pay rent into the court registry; failing to pay is grounds for the writ (Ark. Code Ann. § 18-60-307, Act 1052 of 2021).
- Since 2025, cities and counties cannot cap rental application fees or deposits (Act 459 of 2025).
- Arkansas is the only state with a criminal failure-to-vacate statute: after 10 days' written notice, a tenant who willfully refuses to leave after not paying rent commits a misdemeanor, fined $1-$25 per day (Ark. Code Ann. § 18-16-101, as amended by Act 159 of 2017). Some circuit courts have held versions of it unconstitutional.
- Arkansas has no anti-retaliation statute and no landlord-entry notice requirement; the Landlord-Tenant Act only says tenants may not unreasonably refuse entry (Act 1004 of 2007, Ark. Code Ann. § 18-17-602).
Federal law that also applies in Arkansas
These federal rules apply on top of Arkansas law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Arkansas
These cities add their own tenant protections on top of state law:
Eviction by county in Arkansas
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Pulaski County (Little Rock)
- Eviction in Washington County (Fayetteville)
- Eviction in Benton County (Bentonville)
For landlords
How to evict a tenant in Arkansas — steps, cost, timeline and forms.
Common Arkansas questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Arkansas compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
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| Arkansas | Two months' rent. Example: with rent of $500, the maximum deposit is $1,000. The deposit rules apply only to landlords who rent six or more dwellings. Ark. Code Ann. §§ 18-16-303, 18-16-304 | Within 60 days after the tenant moves out. Ark. Code Ann. § 18-16-305 | For a civil unlawful detainer, the landlord must give three days' written notice to vacate before filing. Ark. Code Ann. § 18-60-304 |
| Louisiana | No statutory cap La. R.S. 9:3251-3254 | Within one month after the lease terminates. If the landlord keeps any part, the itemized statement is due within one month after the tenancy ends. As of Aug. 1, 2026, the landlord may instead send it within an additional 15 days after that one-month date. La. R.S. 9:3251(A), as amended by Acts 2026, No. 63 (HB 292), eff. Aug. 1, 2026 | Written notice to vacate giving at least 5 days from delivery. Saturdays, Sundays and legal holidays are not counted in a period this short, so in practice the tenant gets 5 business days. The lease may waive the notice, and many standard leases do. La. C.C.P. arts. 4701, 5059(C)(3); La. R.S. 1:55(E); La. C.C. art. 2704 |
| Mississippi | No statutory cap. § 89-8-21 governs how deposits are held and returned but sets no maximum amount. Miss. Code Ann. § 89-8-21 | Within 45 days after the tenancy ends, the tenant delivers possession, and the tenant demands return. Miss. Code Ann. § 89-8-21(3) | 3 days. The landlord may give written notice (or email/text, if the tenant agreed in writing to be notified that way) that the rental agreement will end if the rent is not paid within three days. Miss. Code Ann. § 89-8-13(5)(a) |
| Missouri | Landlord may not demand or receive a security deposit of more than two months' rent. RSMo 535.300.1 | Within 30 days after the tenancy ends, the landlord must return the full deposit or send an itemized list of damages along with any remaining balance. Mailing to the tenant's last known address satisfies the duty. RSMo 535.300.3 | No fixed pay-or-quit notice period. Landlord must demand the rent; if it is unpaid, landlord may file a rent-and-possession statement. The one-month termination notice of 441.060 is not required before filing. RSMo 535.020 |
| Oklahoma | No statutory cap on the amount of a security deposit. 41 O.S. § 115 | 45 days after the tenancy ends, possession is delivered AND the tenant makes a written demand for the deposit. 41 O.S. § 115(B) | 5 days' written notice demanding payment. If rent is not paid within 5 days after the notice, the landlord may terminate the rental agreement. The demand counts as a demand for possession; no further notice to quit is required. 41 O.S. § 131 |
| Tennessee | No statutory cap on the amount of a security deposit. T.C.A. 66-28-301 | No fixed number of days for returning the deposit. In URLTA counties, if the tenant leaves owing no rent and is due a refund, the landlord must send notice of the refund amount to the tenant's last known or reasonably determinable address. If the tenant does not respond within 60 days of that notice, the landlord may keep the deposit. Move-out inspection: on the move-out day or within 4 calendar days after it. T.C.A. 66-28-301(b)(1)(A), (f) | 14 days. URLTA counties: written notice that the lease will end unless the rent is paid within 14 days after the tenant receives the notice. The tenant can cure by paying. Notice may be waived only by a waiver in 12-point or larger bold type in the lease, and the 5-day late-fee grace period still applies. Non-URLTA counties: 14 days' notice for rent that is due and in arrears, upon demand. The lease does not end if the tenant pays before the date in the notice. T.C.A. 66-28-505(a)(2), (b); 66-28-201(c); 66-7-109(a) |
| Texas | No statutory cap. Tex. Prop. Code ch. 92, subch. C (92.101-92.113) | On or before the 30th day after the tenant surrenders the premises. Tex. Prop. Code Sec. 92.103(a) | At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. Tex. Prop. Code Sec. 24.005(a) |
Arkansas landlord-tenant FAQ
How much can a landlord charge for a security deposit in Arkansas?
Two months' rent. Example: with rent of $500, the maximum deposit is $1,000. The deposit rules apply only to landlords who rent six or more dwellings. (Ark. Code Ann. §§ 18-16-303, 18-16-304)
How long does a landlord have to return a security deposit in Arkansas?
Within 60 days after the tenant moves out. (Ark. Code Ann. § 18-16-305)
Does a landlord have to pay interest on a security deposit in Arkansas?
No statute — Arkansas law does not require a landlord to pay interest on a security deposit. Neither the security-deposit subchapter (§§ 18-16-301 to -306) nor the Landlord-Tenant Act's deposit section (§ 18-17-501) mentions interest; the lease governs. (Ark. Code Ann. §§ 18-16-301 to 18-16-306; § 18-17-501)
Does a landlord in Arkansas have to give an itemized list of deposit deductions?
The landlord may deduct unpaid rent and the cost of repairing damage. Any deductions require a written, itemized list delivered to the tenant within 60 days of vacating. (Ark. Code Ann. § 18-16-305)
What happens if a landlord in Arkansas wrongfully keeps a security deposit?
If the landlord fails to comply with the deposit subchapter, the tenant may recover the property and money due plus damages equal to twice the amount wrongfully withheld, plus court costs and reasonable attorney's fees. If the landlord proves by a preponderance of the evidence that the failure came from an error despite reasonable procedures to avoid it, or from a good-faith dispute over the amount due, the landlord owes only costs and the amount wrongly withheld. (Ark. Code Ann. § 18-16-306)
How much notice does a landlord have to give before evicting for unpaid rent in Arkansas?
For a civil unlawful detainer, the landlord must give three days' written notice to vacate before filing. (Ark. Code Ann. § 18-60-304)
How much notice is required to evict for a lease violation in Arkansas?
Three days' written notice to vacate before filing an unlawful detainer, the same as for nonpayment. (Ark. Code Ann. § 18-60-304)
How much notice is needed to end a month-to-month lease in Arkansas?
Either the landlord or the tenant may end a month-to-month tenancy by written notice given at least 30 days before the termination date stated in the notice (7 days for a week-to-week tenancy). The landlord needs no reason. A fixed-term written lease ends on its own terms. No statute sets a separate notice period for rent increases; the Attorney General advises giving at least one rental period's notice. (Ark. Code Ann. § 18-17-704(a)-(b))
Can a landlord enter without notice in Arkansas?
No statute — Arkansas sets no advance-notice requirement for landlord entry. The tenant may not unreasonably withhold consent for the landlord to enter to inspect, make necessary or agreed repairs, decorations, alterations, or improvements, supply services, investigate possible rule or lease violations or criminal activity, or show the unit to prospective or actual buyers, lenders, tenants, workers, or contractors. The tenant may not change the locks without the landlord's permission. If the tenant refuses lawful access, the landlord may seek an injunction in district court (no bond) or terminate the lease, and recover actual damages and reasonable attorney's fees. (Ark. Code Ann. §§ 18-17-602, 18-17-705)
Is there a limit on late fees in Arkansas?
No statutory cap — no Arkansas statute limits residential late fees or requires a grace period. The Landlord-Tenant Act defines 'rent' to include late charges and lets the parties set rental terms not otherwise prohibited by law, so the lease governs. (Ark. Code Ann. §§ 18-17-301(10), 18-17-401(a))
Can a tenant repair and deduct from rent in Arkansas?
Not available. For leases entered into or renewed after November 1, 2021, the implied minimum standards are: hot and cold running water, electricity, potable drinking water, code-conforming sewer and plumbing, a functioning roof and building envelope, and existing heat and air conditioning. If the tenant is current on rent and gives written notice, and the landlord does not remedy the problem within 30 calendar days, the tenant's sole remedy is to terminate the lease without penalty and receive the recoverable deposit. (Ark. Code Ann. § 18-17-502 (added by Act 1052 of 2021))
Can a tenant withhold rent for repairs in Arkansas?
Not allowed. A tenant may not offset or withhold rent for any alleged or actual violation of the implied quality standards. In an unlawful detainer, a tenant who stays in possession must deposit rent into the court registry. (Ark. Code Ann. §§ 18-17-502(d)(3), 18-60-307(c))
Can a landlord retaliate against a tenant for complaining in Arkansas?
No statute — Arkansas has no landlord anti-retaliation statute. The Residential Landlord-Tenant Act (Ch. 17) and the deposit subchapter contain no retaliation provision or presumption period. (Ark. Code Ann. Title 18, Ch. 17 (§§ 18-17-101 et seq.); §§ 18-16-301 to -306)
Is there rent control or a limit on rent increases in Arkansas?
Local rent control is preempted. Local governments may not enact, maintain, or enforce ordinances controlling rent, and since Act 459 of 2025, rental application fees or rental deposits, for private residential or commercial property. There is no statewide rent cap. (Ark. Code Ann. §§ 14-16-601, 14-54-1409 (as amended by Act 459 of 2025))
Can a landlord change the locks or shut off utilities in Arkansas?
No statute — no Arkansas landlord-tenant statute expressly bans lockouts or utility shutoffs or gives the tenant a damages remedy for them. The statutory routes to regain possession are unlawful detainer (§§ 18-60-301 et seq., 3 days' written notice) and eviction in district court (§§ 18-17-901 et seq.), with the sheriff executing the writ. (Ark. Code Ann. Title 18, Ch. 17; §§ 18-60-304, 18-60-307, 18-17-901)
What is the small claims court limit in Arkansas for a deposit dispute?
$5,000 (district court small claims) (Ark. Sup. Ct. Admin. Order No. 18)
How do you remove a squatter in Arkansas?
Unlawful squatting is a crime (Act 238 of 2025, new Ark. Code § 5-39-215). A person commits it by knowingly entering and residing on another's premises (dwelling, commercial building, or vacant land) without lawful authority when: the premises were not open to the public; the person cannot produce a deed or mortgage statement in their name, a lease signed by the owner or the owner's representative, a written or electronic agreement authorizing entry, or a rent receipt dated within the last 60 days; the owner has told the person to leave or reported the squatting to police; and no litigation is pending between owner and occupant. Police may accept a report only from the owner or the owner's authorized representative, and officers acting in good faith are immune. Penalties: first offense Class B misdemeanor, second Class A misdemeanor, third Class D felony. Producing a false document is a Class D felony, and so is a false report of squatting. The owner also has a private cause of action for damages, restitution, and attorney's fees. Current tenants, people with a valid occupancy agreement, and the owner's immediate family are excluded. (Ark. Code § 5-39-215 (Act 238 of 2025, HB 1049); § 5-54-122(c)(1)(G))
What can a landlord do with a tenant's abandoned property in Arkansas?
When a lease ends, voluntarily or involuntarily, any property the tenant leaves on the premises is treated as abandoned, and the landlord may dispose of it as the landlord sees fit without liability to the tenant. The statute requires no notice, storage period, or sale procedure. Property the tenant places on the premises is also subject to a landlord's lien for payments the tenant agreed to make. (Ark. Code § 18-16-108)
Is there a limit on rental application fees in Arkansas?
No state cap or refund rule for rental application or screening fees, and no portable screening report law. Since Act 459 of 2025, cities, counties, and other local governments may not regulate or control the amount of rental application fees (or of rent or deposits) for private residential or commercial property. (Ark. Code §§ 14-16-601, 14-54-1409 (as amended by Act 459 of 2025))
What rental fees are banned or limited in Arkansas?
No statute limits other rental fees (move-in, convenience, or online-payment fees) or requires total-cost-of-rent disclosure. The Landlord-Tenant Act lets the parties include any lease terms not prohibited by law, so the lease governs. (Ark. Code § 18-17-401(a) (Act 1004 of 2007))
Can a domestic violence survivor break a lease in Arkansas?
No statutory right to end a lease early. Ark. Code § 18-16-112 protects victims of domestic abuse whose status is documented by a court order. A landlord may not terminate, refuse to renew, refuse to lease, or retaliate because of the tenant's or a household member's victim status. With the landlord's prior consent and at the tenant's expense, the locks may be changed, and the new key must go to the other party. The landlord may evict the abuser. The statute does not let the victim end the lease or escape liability for rent. (Ark. Code § 18-16-112)
Can a landlord refuse Section 8 vouchers in Arkansas?
No. Arkansas has no statewide ban on refusing tenants who pay with housing vouchers (Section 8) or other lawful income. Source of income is not a protected class under the Arkansas Fair Housing Act. (Ark. Code § 16-123-310)
Do tenants have a right to a free lawyer in eviction cases in Arkansas?
No. Arkansas has no statewide right to a lawyer in eviction cases. (Ark. Code §§ 18-17-901 to 18-17-913; 18-60-301 et seq.)
What does a Arkansas notice to pay rent or quit have to include?
There are two routes. (1) Unlawful detainer: after rent goes unpaid, the landlord gives a written 3-day notice to quit and demand for possession. The statute sets no required wording, no amount statement, and no service method. (2) Eviction under the Landlord-Tenant Act: if rent is not paid within 5 days of the due date, the nonpayment itself is legal notice that the landlord may file an affidavit of eviction, so no separate notice is required. A separate criminal failure-to-vacate statute requires 10 days' written notice. Where the Landlord-Tenant Act's notice rules apply, the tenant receives a notice when it is handed to the tenant or mailed by registered or certified mail to the address the tenant designated or the last known residence. Proof of mailing counts as notice. (Ark. Code §§ 18-60-304(3); 18-17-901(b); 18-17-303(b); 18-16-101)
What does a Arkansas notice to end a month-to-month tenancy have to include?
Either party may end a month-to-month tenancy by written notice given to the other at least 30 days before the termination date stated in the notice (7 days for week-to-week). The notice must be in writing and state the termination date; no other content is required. The tenant receives a notice when it is handed to the tenant or mailed by registered or certified mail to the address the tenant designated or the last known residence. (Ark. Code §§ 18-17-704(a)-(b), 18-17-303(b))
What must a Arkansas security deposit itemization include?
The landlord may keep deposit money for accrued unpaid rent and for damages caused by the tenant's noncompliance with the rental agreement, itemized in a written notice. The notice and any balance must be delivered to the tenant within 60 days after the tenancy ends and possession is delivered. Mailing the notice and payment by first-class mail to the tenant's last known address complies. If the payment comes back and the tenant cannot be found after reasonable effort, it becomes the landlord's property 180 days after mailing. The tenant must give a forwarding address in writing. A tenant who does not cannot recover damages if the landlord had no notice of the tenant's whereabouts and mailed to the last known address. (Ark. Code §§ 18-16-305; 18-17-501(a))
How long does a landlord have to sue for unpaid rent in Arkansas?
5 years for actions to enforce written obligations, such as a written lease. A partial payment or a written acknowledgment of the debt restarts (tolls) the period. 3 years for contracts not in writing, such as an oral lease, and for rent arrears not reserved by a sealed written instrument. (Ark. Code Ann. § 16-56-111; § 16-56-105(1)-(2))
Can a landlord accept rent during an eviction in Arkansas?
No statute found. The Arkansas Residential Landlord-Tenant Act of 2007 does not appear to include the uniform act's 'waiver of landlord's right to terminate' section, and the sections reviewed say nothing about accepting full or partial rent after a notice or during an eviction. The question is left to court decisions, which were not reviewed. (Ark. Code Ann. Title 18, Ch. 17 (§§ 18-17-401, -701, -704, -901, -902 reviewed); § 18-60-304)
Can you be evicted in the winter in Arkansas?
No statute. The Arkansas landlord-tenant laws reviewed have no winter or cold-weather limit on evictions. Leases entered into or renewed after November 1, 2021 must provide electricity and a working heating and air-conditioning system, if one served the unit when the lease was signed. (Ark. Code Ann. Title 18, Ch. 17 (checked); § 18-17-502(a))
Can a landlord give notice by text or email in Arkansas?
Under the Act, a tenant receives a notice when it is handed to them, or mailed by registered or certified mail to the address they gave for notices (or their last known residence). Proof of mailing counts as notice without proof of receipt. A landlord receives notice when it is delivered to the landlord's place of business where the lease was made, or another address the landlord gave. Time periods are counted under the Arkansas Rules of Civil Procedure. The Act has no rule on email or text notices. (Ark. Code Ann. § 18-17-303(b), (d))
How much notice is required for a rent increase in Arkansas?
No statute sets a rent-increase notice period. A month-to-month tenancy can be ended with written notice at least 30 days before the termination date (7 days for week-to-week), which is how terms are changed for periodic tenants. During a fixed-term lease, rent follows the lease. (Ark. Code Ann. § 18-17-704(a)-(b); § 18-17-401)
Does a landlord have to give a copy of the lease in Arkansas?
No statute found requiring the landlord to give the tenant a copy of the lease or to disclose the owner's or manager's identity. The Attorney General advises tenants to keep a copy of the lease and notes that both oral and written leases are binding. (Ark. Code Ann. Title 18, Ch. 17 (checked); Arkansas Attorney General, 'Landlord and Tenant Rights')
What are tenants' rights in a foreclosure in Arkansas?
No state statute found protecting tenants when a rental is foreclosed or sold. Tenants rely on the federal Protecting Tenants at Foreclosure Act (90-day notice). (Ark. Code Ann. Title 18, Ch. 17 (checked))
Does a landlord have to fix mold in Arkansas?
No statute — Arkansas has no mold disclosure or remediation law for rentals. Arkansas's implied residential quality standards (for leases entered into or renewed after November 1, 2021) require only running hot and cold water, electricity, potable water, code-compliant sewer and plumbing, a functioning roof and building envelope, and working heat and air conditioning if it served the unit when the lease was signed. Mold is not listed. (Ark. Code Ann. § 18-17-502 (added by Act 1052 of 2021))
Who pays for pest control and bed bugs in Arkansas?
No statute on pests or bed bugs. They are not among Arkansas's implied quality standards, so the lease and local codes govern who treats them. The tenant must keep the unit reasonably clean and safe and dispose of garbage in a reasonably clean and safe manner. (Ark. Code Ann. §§ 18-17-502, 18-17-601(2)-(3))
Does a landlord have to provide heat in Arkansas?
A functioning heating system is required only to the extent heating served the premises when the lease was signed (leases entered into or renewed after November 1, 2021). State law sets no minimum temperature. If heat fails, the tenant must give written notice; if the landlord does not fix it within 30 days and rent is current, the tenant may end the lease without penalty and get the deposit back. The tenant may not withhold rent. (Ark. Code Ann. § 18-17-502(a)(6), (d))
Does a landlord have to provide air conditioning in Arkansas?
A functioning air-conditioning system is required only if air conditioning served the premises when the lease was signed (leases entered into or renewed after November 1, 2021). There is no requirement to install AC and no maximum indoor temperature. The remedy is the same 30-day notice and lease termination as for heat. (Ark. Code Ann. § 18-17-502(a)(6), (d))
What can a landlord deduct from a deposit for cleaning or damage in Arkansas?
Arkansas statutes do not define normal wear and tear. A landlord may keep deposit money only for accrued unpaid rent and damages caused by the tenant's noncompliance with the rental agreement, itemized in a written notice within 60 days. Tenants must not deliberately or negligently damage the premises or let guests do so. (Ark. Code Ann. §§ 18-16-305(a), 18-17-501(a), 18-17-601(6))
Can a landlord put cameras in or around a rental in Arkansas?
No landlord-specific statute. Using a camera or other image-recording device to secretly observe or record a person in a private area of a residence where they expect privacy, without consent, is video voyeurism (a felony). Security monitoring run by or at the direction of the residence's occupant is exempt. Recording a conversation is legal only if the recorder is a party or one party consents. (Ark. Code Ann. §§ 5-16-101, 5-60-120)
Can a landlord limit guests or roommates in Arkansas?
No statute — lease governs. Arkansas sets no guest-versus-tenant rule, state occupancy limit or roommate right. The tenant must make people on the premises with the tenant's permission behave so as not to disturb other tenants, and is responsible if they damage the premises. (Ark. Code Ann. § 18-17-601(6)-(8))
Can a landlord deny a service or emotional support animal in Arkansas?
Arkansas law guarantees people with visual, hearing or other physical disabilities full and equal access to rental housing, and makes interfering with that right a misdemeanor. Misrepresenting an animal as a service animal to a public accommodation carries a civil penalty of up to $250 per violation. Arkansas has no state statute on emotional support animal documentation or pet-fee limits in housing; the federal Fair Housing Act governs those requests. (Ark. Code Ann. §§ 20-14-302, 20-14-305, 20-14-310)
Official resources for Arkansas
- Arkansas Attorney General - Landlord and Tenant Rights
- Act 1004 of 2007 (Arkansas Residential Landlord-Tenant Act, as enacted)
- Act 1052 of 2021 (implied residential quality standards; unlawful detainer procedure)
- Act 459 of 2025 (rent, application fee, and deposit control preemption)
- Arkansas Judiciary - Arkansas Court Structure
- Act 159 of 2017 (criminal failure to vacate, § 18-16-101)
- Act 414 of 2023 (unlawful detainer writ procedure)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.