Arkansas Lease Agreement Create Arkansas Lease Agreement

Arkansas Lease Agreement

Updated Mar 11, 2026 5 (2) 0 Downloads

An Arkansas Lease Agreement is a legal document that outlines the terms and conditions between a landlord and tenant for the rental of property in Arkansas.

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What is an Arkansas Lease Agreement?

An Arkansas lease agreement is a legally binding contract entered into by a landlord and a tenant to outline the terms and conditions for renting a property. This document serves as the foundation of the rental relationship, establishing critical details such as the monthly payment amount, the duration of the tenancy, and the specific responsibilities of each party regarding maintenance and utilities. By signing this agreement, both parties consent to be governed by the stipulations within the document as well as the broader regulatory framework provided by the Arkansas Residential Landlord-Tenant Act of 2007 and other relevant state statutes.

Legal Framework and Statutory Requirements

The landlord-tenant relationship in Arkansas is primarily governed by Title 18, Subtitle 2 of the Arkansas Code. Specifically, the Arkansas Residential Landlord-Tenant Act of 2007 (A.C.A. §§ 18-17-101 et seq.) provides the statutory basis for many rental contracts. Unlike many other jurisdictions, Arkansas law has historically favored a doctrine known as "caveat lessee" (let the tenant beware), meaning tenants accepted the property as-is. However, recent legislative changes, specifically Act 1052 of 2021, established minimum habitability standards, requiring landlords to provide and maintain basic essentials such as a functioning roof, walls, locks, and plumbing.

Federal laws also play a significant role in the validity of a lease. For properties built prior to 1978, landlords must comply with the Residential Lead-Based Paint Hazard Reduction Act of 1992 by providing a disclosure form and an information pamphlet to the tenant. Failure to adhere to these federal and state mandates can render certain provisions of the contract unenforceable or subject the landlord to legal penalties.

Security Deposit Regulations

Arkansas has specific statutes regarding the collection and return of security funds. According to A.C.A. § 18-16-304, a landlord may not demand a security deposit that exceeds the equivalent of two months' rent. This limitation applies to all residential leases unless the landlord owns fewer than five rental units and does not utilize a third-party management company.

Upon the termination of the lease, the landlord is required to return the security deposit, less any deductions for unpaid rent or damages beyond normal wear and tear, within 60 days. This 60-day window is notably longer than the 30-day requirement found in many other states. If deductions are made, the landlord must provide an itemized written list of the damages and the cost of repairs. Failure to return the deposit or provide the itemized list within the statutory timeframe can result in the landlord being liable for up to double the amount of the deposit.

Required Elements of a Valid Arkansas Lease Agreement

For a rental contract to be legally robust and effective in Arkansas, it should contain specific components that clearly define the arrangement. Omitting these details can lead to ambiguity and potential litigation.

  • Identification of Parties: The full legal names of the landlord and all adult tenants who will occupy the premises.
  • Property Description: The complete physical address of the rental unit, including unit numbers where applicable.
  • Lease Term: The start and end dates of the agreement, or a statement indicating a month-to-month arrangement.
  • Rent Specifics: The exact amount of rent, the due date, acceptable payment methods, and instructions for where payment should be sent.
  • Security Deposit Terms: The amount collected and the conditions under which it may be withheld.
  • Signatures: Dated signatures from the landlord and all tenants named in the agreement.

Mandatory Disclosures

Beyond the standard terms of rent and duration, specific disclosures must be included to ensure compliance with state and federal health safety regulations. These disclosures inform the tenant of potential risks associated with the property.

Lead-Based Paint Disclosure: As mandated by federal law (42 U.S. Code § 4852d), any housing constructed before 1978 must include a warning statement about the presence of lead-based paint. The landlord must also provide records of any known lead hazards.

Methamphetamine Contamination: Arkansas law generally requires landlords to disclose if a property has been contaminated by methamphetamine production if the issue has not been remediated according to state standards. While there is no specific statutory form for this, leasing a property known to be contaminated without disclosure can lead to liability.

Right of Entry and Access

One area where Arkansas law differs from many other states is the regulation of landlord entry. The state statutes do not explicitly mandate a specific notice period (such as 24 or 48 hours) before a landlord enters the premises for non-emergency reasons, such as inspections or repairs. Consequently, the lease agreement itself becomes the primary authority on this matter. It is standard practice and highly recommended for the document to specify that the landlord will provide reasonable notice—typically 24 hours—before entering the tenant's dwelling, except in cases of emergency.

Frequently Asked Questions

Yes, verbal lease agreements are generally valid in Arkansas for tenancies of one year or less. However, written contracts are strongly preferred as they provide clear evidence of the terms agreed upon by both parties.
No, Arkansas law does not mandate a grace period for rent payments. Rent is due on the date specified in the lease, and landlords may begin eviction proceedings or charge late fees immediately if the contract allows.
Under Arkansas Code Annotated § 18-16-304, a landlord cannot charge a security deposit that exceeds the amount of two months' rent. This limit applies to landlords who own five or more dwelling units.
In a month-to-month tenancy, the landlord or the tenant must provide at least 30 days' written notice to terminate the agreement. This notice must be given before the next rental period begins.
Generally, no. Arkansas does not recognize a broad right for tenants to withhold rent or "repair and deduct" for maintenance issues. Withholding rent can expose the tenant to eviction, even if the landlord has failed to make repairs.
There is no specific statutory cap on late fees in Arkansas. However, late fees should be reasonable and clearly outlined in the rental contract to be enforceable in court.

Arkansas Lease Agreement Sample

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ARKANSAS LEASE AGREEMENT

This Lease Agreement ("Agreement") is entered into on by and between:

I. PARTIES

Landlord:
Name:
Mailing Address:

Tenant(s):
Name:

II. PROPERTY

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the real property and improvements located at the following address ("Premises"):

Address:
City of , State of Arkansas, Zip Code

Description of the Premises (if applicable, e.g., apartment number, parking space, storage):

III. TERM

The term of this Agreement shall be (check one):

IV. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

Rent is due on the day of each month.

Rent shall be paid by the following method(s):





Payment instructions:

V. SECURITY DEPOSIT

Pursuant to Arkansas Code Annotated § 18-16-304, the Tenant shall deposit with the Landlord the sum of $ as a Security Deposit to secure the faithful performance of the Tenant's obligations under this Agreement.

The Security Deposit shall not exceed an amount equal to two (2) months' rent.

In accordance with Arkansas Code Annotated § 18-16-305, the Landlord shall return the Security Deposit, less any deductions for damages or unpaid rent, to the Tenant within sixty (60) days after the termination of the tenancy and delivery of possession by the Tenant. If any deductions are made, the Landlord shall provide a written itemized list of such damages and the specific cost of repairs.

VI. LATE CHARGES AND RETURNED CHECKS

If rent is not paid by the day of the month, the Tenant shall pay a late fee of $.

If any check offered by the Tenant to the Landlord in payment of rent or any other amount due under this Agreement is returned for lack of sufficient funds, a "stop payment," or any other reason, the Tenant shall pay to the Landlord a returned check charge in the amount of $ (not to exceed $30.00 or the face value of the check plus any bank fees charged to the Landlord, pursuant to Arkansas law).

VII. UTILITIES

The responsibility for payment of utilities and services for the Premises shall be allocated as follows:

Electricity:

Water/Sewer:

Gas:

Trash Collection:

Internet/Cable:

Other:

VIII. OCCUPANTS AND GUESTS

The Premises shall be occupied only by the Tenant and the following authorized occupants:

Guests staying more than consecutive days or more than days in any twelve (12) month period require the written consent of the Landlord.

IX. MAINTENANCE AND REPAIR

Landlord's Obligations: Pursuant to Arkansas Code Annotated § 18-17-601 (Minimum Habitability Standards), the Landlord shall maintain the Premises in a structurally sound condition and ensure the availability of:

1. Potable water;
2. A sanitary sewage system;
3. Electricity;
4. A functioning heating system;
5. A roof that does not leak.

Tenant's Obligations: The Tenant shall keep the Premises clean, sanitary, and in good condition. The Tenant shall promptly notify the Landlord of any necessary repairs. The Tenant shall be responsible for any damage caused by the Tenant's negligence or misuse, or that of their guests.

X. RIGHT OF ENTRY

The Landlord shall have the right to enter the Premises at reasonable times for the purpose of inspection, making necessary or agreed repairs, decorations, alterations, or improvements, supplying necessary or agreed services, or exhibiting the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

Except in cases of emergency or abandonment, the Landlord shall provide the Tenant with reasonable notice (typically 24 hours) prior to entry.

XI. PETS

XII. ARKANSAS SPECIFIC DISCLOSURES

1. Flood Disclosure (A.C.A. § 18-16-112):

The Landlord is required to disclose if the residential rental property has been flooded within the past five (5) years or is located within a one hundred (100) year floodplain.

2. Lead-Based Paint Disclosure:

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.

3. Methamphetamine Contamination:

Pursuant to Arkansas Code, if the Landlord knows that the Premises has been contaminated by the manufacture of methamphetamine and has not been remediated to state standards, the Landlord must disclose this to the Tenant. The Landlord certifies that to the best of their knowledge, the Premises is not contaminated.

XIII. DEFAULT AND REMEDIES

If the Tenant fails to pay rent when due, the Landlord may terminate this Agreement.

Civil Eviction (Unlawful Detainer): Pursuant to Arkansas Code Annotated § 18-60-304, if rent is unpaid, the Landlord may provide a written notice demanding the Tenant vacate the Premises within three (3) days. If the Tenant fails to vacate, the Landlord may file a complaint for unlawful detainer.

Criminal Failure to Vacate: Pursuant to Arkansas Code Annotated § 18-16-101, a Tenant who fails to pay rent and refuses to vacate within ten (10) days after written notice to vacate may be guilty of a misdemeanor.

XIV. ABANDONMENT

If the Tenant is absent from the Premises for a period of fourteen (14) consecutive days while rent is unpaid, the Premises shall be considered abandoned. The Landlord may enter the Premises and re-rent it. Any personal property left behind may be disposed of by the Landlord in accordance with Arkansas law (A.C.A. § 18-16-108).

XV. WAIVER

No waiver of any default of the Tenant or Landlord shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated.

XVI. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

XVII. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and representations. This Agreement may only be amended in writing and signed by both parties.

XVIII. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas.

XIX. ADDITIONAL TERMS AND CONDITIONS

XX. SIGNATURES

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below.

Landlord:
Signature: _________________________
Date:
Print Name: _______________

Tenant:
Signature: _________________________
Date:
Print Name: _______________

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