Can I Sue My Landlord in Arkansas?
Yes — in many situations. These are the main claims Arkansas tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| 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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| 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 |
Free Arkansas security deposit demand letter
You were locked out or your utilities were cut off
| Lockouts & utility shutoffs | Lockouts and other self-help evictions are not allowed. The Arkansas Supreme Court held in Gorman v. Ratliff (1986) that under the forcible entry and detainer law a landlord may not re-enter a rental or carry away a tenant's belongings without first going to court, and that lease clauses allowing self-help are invalid. A tenant who wins can recover costs and damages. No statute specifically addresses utility shutoffs by a landlord. The legal 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. The court applied the forcible entry and detainer statute then codified at Ark. Stat. Ann. §§ 34-1501 to -1512 (Act 615 of 1981), now in Ark. Code Title 18, Ch. 60, Subch. 3. Act 1004 of 2007 has no lockout or utility provision (the only lock rule, § 18-17-602(b), bars the tenant from changing locks), and no later act has added one; SB 501 of 2025, on tenants' belongings after a writ of possession, died in committee (https://arkleg.state.ar.us/Bills/Detail?id=SB501&ddBienniumSession=2025%2F2025R). |
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Your landlord retaliated after you complained
| Landlord retaliation | 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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Your landlord won't make repairs
| 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. |
| 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. |
| 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. |
Free Arkansas repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| 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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| 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. |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing 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. Source: Ark. Code § 16-123-310 |
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Other claims tenants bring in Arkansas
| Constructive eviction (conditions forced you out) | No Arkansas statute uses the term "constructive eviction." For leases entered into or renewed after November 1, 2021, the law implies basic standards (hot and cold running water, electricity, drinking water, sewer and plumbing, a functioning roof and building envelope, and heating and air conditioning that came with the unit). If the tenant is current on rent, gives written notice of a defect, and the landlord does not fix it within 30 calendar days, the tenant's only remedy is to end the lease without penalty and get back the recoverable security deposit. A tenant may not withhold or offset rent for these defects. The standards do not apply to lease-to-purchase arrangements, and the landlord is treated as compliant in some cases (for example, if the tenant signs the move-in defect form without listing a defect, or refuses entry for repairs). |
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| Injuries on the property | A landlord is not liable to a tenant or the tenant's guests for death, personal injury or property damage caused by a defect or disrepair on the premises, unless the landlord agreed (for consideration) or took on by conduct a duty to maintain or repair, and then failed to perform that duty reasonably. The 2021 habitability standards do not expand this limit on landlord tort liability. Official code not freely readable online; text verified on a public code mirror (FindLaw, current as of March 28, 2024). |
Where and when to sue
| Small claims limit | $5,000 (contracts, damage to personal property and recovery of personal property). Regular district court civil jurisdiction goes up to $25,000. |
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| Small claims filing fee | Typically $30 to $65, paid to the clerk at filing; the plaintiff also pays service costs. A winning plaintiff can ask the court to order the defendant to repay filing and service costs. Fees vary by court; confirm the amount with the district court clerk. |
| Deadline to sue on a written lease | 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. Official code published only via LexisNexis; text verified on a public mirror (FindLaw, current as of March 28, 2024). § 16-56-105 read at https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-56-105.html. 2025 session amendments, if any, would not show on this mirror. |
How small claims court works in Arkansas →
Tenant lawyers and free legal aid in Arkansas · Arkansas tenant rights · Suing a landlord in other states
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.