Arkansas Room Rental Agreement Generator

Because Arkansas skipped the uniform act, its law is a collection of targeted statutes: the security deposit act in Chapter 16, the unlawful detainer and failure-to-vacate rules in Chapters 16 and 17, and common-law principles filling the gaps. That makes the written lease unusually important — many terms other states regulate are left entirely to the agreement.

Federal law still applies on top: the lead-based paint disclosure for housing built before 1978 and fair housing protections. When a lease term collides with a statute, the statute wins, but for most everyday matters — late fees, notice periods, utility billing — Arkansas defers to the signed contract.

For covered landlords — those owning more than five dwelling units, or any landlord where a third party manages or collects rent for a fee — the deposit cap is two months’ rent (Ark. Code § 18-16-304). The statute does not require interest or a separate account. Smaller landlords face no statutory cap, deadline, or penalty at all.

Within 60 days after the tenancy terminates and the tenant delivers possession, the landlord must return the deposit or mail an itemized notice of deductions along with the balance (Ark. Code § 18-16-305). Deductions are limited to accrued unpaid rent and damages from the tenant’s noncompliance with the rental agreement.

Arkansas sets no limits on pet deposits or pet rent; both are whatever the lease says. A pet deposit that is collected as security counts toward the two-month cap for covered landlords, so label it clearly and keep it refundable like any other deposit.

Service and assistance animals are not pets — federal fair housing law bars extra deposits or rent for them. An Arkansas pet addendum should name the animal, state the deposit and any monthly pet rent, and assign responsibility for damage and cleanup.

Arkansas has no rent control and no statute setting a minimum notice period for a rent increase. A fixed-term lease locks the rent for the term; on a month-to-month tenancy, landlords commonly give written notice at least one rental period ahead — usually 30 days — but the lease controls, so read it carefully.

Tenants facing an increase should confirm the notice is in writing and the effective date clear. Landlords should send increases in writing with proof of delivery; an oral change on a month-to-month tenancy invites dispute.

Arkansas has no comprehensive habitability statute, and courts recognize only a limited implied warranty of habitability, so the lease does much of the work. Landlords still must comply with building, housing, and health codes, and the federal lead-based paint disclosure applies to pre-1978 housing. There is no statewide mold or bed bug disclosure form.

Tenants should not attempt repair-and-deduct: Arkansas has no such statute, and withholding rent unilaterally can be treated as a breach. The practical path is a dated written repair request, a complaint to local code enforcement for health and safety issues, and a court action for damages if the landlord refuses.

For nonpayment of rent, an Arkansas landlord issues a three-day notice to quit (Ark. Code § 18-16-101) before filing an unlawful detainer action in district court. Lease violations follow the notice terms in the lease, and a separate criminal failure-to-vacate route uses a ten-day notice. Self-help — lockouts, removing belongings, or utility shutoffs — is illegal.

A tenant served with an eviction summons should file a written answer by the deadline to avoid default. The Center for Arkansas Legal Services and Legal Aid of Arkansas provide free help for eligible tenants. Timelines are short — act immediately.

Arkansas district courts run small claims actions up to $5,000, which covers most deposit disputes including the double-damages remedy. Start with a written demand letter citing the deposit act, then file in the district where the property sits.

The case will be decided on documents: the lease, move-in and move-out photos, the itemized statement, and proof of mailing. The Arkansas Attorney General’s office publishes a Guide to Small Claims Court, and the Center for Arkansas Legal Services and Legal Aid of Arkansas offer free help statewide.