What a Landlord Cannot Do in Arkansas
The main limits Arkansas law puts on landlords — lockouts and utility shutoffs, entering without notice, retaliation, deposits, fees and discrimination — each with the statute or official source.
In short: a Arkansas landlord cannot evict without a court order, cannot punish a tenant for asserting legal rights where state law protects them, and must follow the state's rules on entry, deposits and fees shown below.
| 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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| 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. |
| 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. |
| 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. |
| 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 |
| 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). |
| 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. |
| 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 |
| 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. |
| 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. |
Can I sue my landlord in Arkansas? · All Arkansas tenant rights
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.