Arkansas Rental Agreements: Common Provisions
A written rental agreement is not required in Arkansas, but it is highly recommended as it helps protect both landlord and tenant. Properly drafted, a rental agreement includes the lease terms, rental amount, utility obligations and important disclosures about lead-based paint and the pending sale of a rental property.
Lease Terms. Without a written rental agreement, Arkansas state law falls back on the Uniform Residential Landlord and Tenant Act ("URLTA"). URLTA establishes the minimum requirements necessary to legally bind a landlord and a tenant. If a rental agreement does not include the following terms, then those terms are implied by URLTA:
- Duration of the lease (fixed term or month-to-month)
- Amount of rent due
- Time and place for rent payment
- Amount of security deposit
- Landlord’s and tenant’s names and addresses
- Scope of utility costs
In addition to stating the above requirements, an oral rental agreement binds the landlord and tenant to the following terms:
1. Tenant is responsible for any costs needed to repair damage caused by the tenant or someone lawfully on the premises.
2. Tenant does not take possession until the keys are turned over to the tenant .
If a rental agreement includes the above requirements, then Arkansas state law has no further obligations for either party to disclose additional lease terms. That means that rental agreements are free to include (or not include) provisions about:
- Rent increase procedures
- Responsibilities for pest control and common area maintenance
- Rules regarding miscellaneous lease violations and eviction
Lead-Based Paint Disclosure. If a rental property was built before January 1, 1978, it must be accompanied by a lead-based paint disclosure. This notice must be signed by both landlord and tenant at the time of lease signing. A landlord is required to provide pamphlets on Lead Safety, as well as maintain copies of these pamphlets, which may be obtained from the Environmental Protection Agency ("EPA"). The pamphlets must be included with the pamphlets at the time of lease signing.
Pending Sale Disclosure. If a rental property is subject to a pending sale, it must be disclosed to the tenant in writing. If the property is sold or the landlord’s right to receive rent ends prior to the effective date of the rental agreement and without notifying the tenant, then the tenant may void the rental agreement by giving reasonable notice.
Security Deposits in Arkansas
When a landlord and a tenant in Arkansas form a rental contract, the landlord typically requires a security deposit. This amount and its refund pattern can vary from lease to lease. The whole point of a security deposit is to provide the landlord with some amount of assurance that they can fix a certain amount of damage no matter what happens in their building.
Arkansas law does not limit the amount of security deposit a property owner can ask for, but the law does provide for the return of the funds in certain situations. For instance, if the tenant gives proper notice to vacate but has caused no property damage, rent should be prorated and the balance returned in full. If the tenant did cause property damage but the landlord was not able to document that damage, that money may also need to be prorated and returned in full. If the tenant did cause damage to the property and the landlord does have the paperwork to back that up, money may come out of the security deposit to cover the repairs. When this happens, the Arkansas landlord must provide the tenant with a written statement. It should detail what damages were done, how much they cost to fix, and what other deductions might have been taken. If there is money left over at the end of the tenancy, it should be returned to the tenant, but if there is no money left, tenants may be confused about whether to view that not receiving anything as a success or not. However, if a landlord tries to charge for damages that are beyond what is reasonable according to general wear and tear, a good attorney can usually negotiate a better outcome for the tenant.
Landlord Maintenance and Repair Obligations
For both commercial and residential rentals, landlords in Arkansas are generally required to abide by implied warranties of habitability. The law requires landlords to maintain the premises in a habitable condition and makes landlords responsible for repairing and maintaining leased premises during the term of the lease.
Arkansas landlords are also required to provide water and heat to rental properties in a reasonable manner. For residential rentals, along with providing water and heat in a reasonable manner, the landlord must provide "adequate" trash and sewage disposal.
A written lease may require tenants to replace light bulbs and batteries for smoke detectors. Even so, the landlord still is required to provide a minimum level of maintenance and repair of rental property, unless explicitly waived by a written lease or through mutual agreement with the tenant.
Landlords then have a duty to respond to requests for repairs and maintenance and a duty to carry out reasonable maintenance to the rental premises within a reasonable time. What is reasonable is determined on case-by-case basis, taking into consideration issues such as the severity and scope of the requested repairs. Generally, the more severe and individualized the problem, the more timely the response must be.
If you do not act promptly regarding repairs, your tenants may have the legal authority to withhold rent payments. Tenants might also be able to have repairs made themselves and pay for them out of rent or to hire a contractor to make repairs and deduct the cost from their rent payment. Tenants also have the right to terminate their lease if you repeatedly violate your duties to maintain the premises.
Arkansas Evictions
When it comes to eviction in Arkansas, landlords have to go through the legal eviction process in most scenarios. The steps in the legal eviction process range from giving a tenant notice to vacate to going to court to try and get a judgment. As a landlord, if you skip any of the key steps in the legal eviction process, the judge may not grant you the judgment you’re seeking. Therefore, it’s key to know the legal process.
With legal eviction in Arkansas, a landlord has grounds to evict if the tenant fails to pay rent. However, Arkansas law does provide a few exceptions. For instance, if your tenants are receiving state housing subsidies, then you can’t evict them for’s failure to pay rent until the deadline has passed for paying rent with those subsidies. A local emergency may also prevent you from evicting your tenants for failure to pay rent. A local emergency is a fire, flood, or other natural disaster that’s declared by the state or federal government.
If your tenants do have to vacate for failure to pay rent, then you must give them a notice to vacate at least 5 days in advance of their payment deadline. You can give them the notice in person, by phone, or by posting it on the door of the rental property. After the 5-day period has passed, you can legally file an eviction action with the court .
Has a tenant violated a provision in your lease? In Arkansas, maybe. You have to show further evidence of the violation in order to evict tenants for lease violation. Here’s an example: Let’s say you have a "no smoking" policy in your lease agreement, and the tenants were smoking in the property. In this case, you would have to show that they knew about the lease provision. You would also have to specify how the tenants were violating the lease and the harm they caused you as a landlord. You may also want to give tenants notice and an opportunity to remedy the situation before you proceed with an eviction.
Tenants may only be shown an eviction notice the day before rent is due. If the tenants fail to pay their rent and fail to remedy their lease violations within 5 days of getting the notice, the eviction would proceed. Again, the notice to vacate must be delivered in person or by phone, or posted on the door of the rental property.
Keep in mind that tenants are protected during the eviction process. They have a right to an attorney who will represent them at the hearing. They also have the right to dispute the violations you believe they made. Tenants can challenge the eviction, depending on the circumstances. They also have the right to pay their rent back to you and remedy the lease violations.
Tenant Complaints and Disputes
When it comes to handling tenant complaints and disputes, Arkansas landlords and property owners are essentially tasked with not only the unpleasant situation of having an undesirable tenant, but also the added stress of potentially legal implications if the situation is not handled in a timely and professional manner.
Should any interactions need to be had with an Arkansas tenant, keeping thorough records is crucial. Use of tenant communication log forms will also ensure that every eventuality is covered (such as addresses, contact information and times for interaction, etc) should any complaints, disputes or other issues arise between landlord and tenant.
Maintaining the Property
Throughout the tenancy, the landlord is required to maintain the property in a safe and serviceable condition. This requires the unit to be habitable (or living space suitable for human occupation), and includes keeping appliances, electrical, plumbing, heating and cooling systems in good repair. If disputes arise about who is responsible for repairs or maintenance, or if the tenant refuses to allow the landlord access to the property to remedy these situations when given proper advance notice, the landlord has the right to contact an attorney to send a letter requesting the tenant to fulfill their responsibilities in accordance to the lease.
The Tenant’s Responsibility
Also the tenant is required by state law to provide the landlord with proper notice of any problems with the property that are in need of maintenance or repair. For example, if a pipe is leaking in the bathroom, or if the water heater is not functioning, the tenant must immediately notify the landlord or property management. When the tenant fails to provide proper notice, and results in further damage to the property that requires a more costly repair, they may be held liable for the extra expense to rectify the situation.
Resolving A Dispute
When a tenant claims the landlord has neglected to provide necessary maintenance or repairs, the landlord should request proof of the maintenance requests sent to the landlord or property manager, as well as the time frames involved. If the tenant has ignored maintenance requests they have made, or failed to provide proper advance notice of the repairs in accordance to the lease, the landlord may not be required to remedy the problem, and certainly should not be held financially responsible for additional damages.
A common issue that tenants face is the misunderstanding of what is actually considered to be "normal wear and tear" during the duration of the tenancy. For example, all apartments will see scratches on their walls from furniture moving, paint peels from doors and light switches, and even missing blinds or a broken window after a storm. A landlord is not legally able to require compensation from a tenant for normal wear and tear damages, so that is something that needs to be explained to the tenant once they begin making claims and accusations about the condition of the rental unit.
Taking Legal Action
If repairing the damage claimed by the tenant is financially prohibitive, or if the tenant refuses to abide by the lease agreement and vacate the premises after several notices have been provided, the landlord can petition the court to evict the tenant. This process requires the filing of a Petition and Complaint, as well as a Writ of Possession for the Court, which then authorizes the Sheriff’s Office to remove the tenant and their belongings from the rental unit. The tenant will then be responsible for paying all outstanding rent and complying with all other terms of the lease agreement, along with any court fees associated with the eviction proceedings.
Termination of a Lease
The rules covering when a lease can be terminated, and whether a landlord has to comply with those rules, can be confusing. Here’s some discussion of the law in this area.
There are basically two ways that a lease can terminate: the lease can end by its own terms or you can "terminate" the lease. A lease can terminate (end by its own terms) at the end of some period of time (for example, a year or less, depending upon the tenancy). This is often referred to as a "term lease." Most every lease will terminate by its own terms at the end of the term as long as the tenant has not otherwise violated the lease and is not in default (please don’t read this unless you are actually in a default situation, otherwise it might make you think that you don’t need a lawyer). In that case, all you would do is let the lease terminate and return the keys to the property to the landlord. A lease can also end by its own terms when the parties mutually agree to terminate the lease before the term is over.
However, the parties can also terminate their lease by agreement of the parties. Creation of a month-to-month lease where one is not desired is common. All too often, however, a landlord may want to terminate a lease between terms. When does this happen?
When a tenant violates the lease or is in default, a landlord can give notice that the landlord wants to terminate the lease. The proper notice varies depending upon what type of tenancy the parties have. For example, if the parties have an Arkansas residential lease (i.e. the landlord and the tenant are both living in the house, flat, or duplex), then a landlord can usually terminate the agreement with a 14-Day Notice – Unpaid Rent or 14-Day Notice – Substance (i.e. a "lease violation"), and in some cases a 5-Day Notice – Unpaid Rent or 5-Day Notice – Substance. The Notice must include specific language required by law. Getting this wrong can result in the result being opposite of what a landlord wanted! Send the notice to the tenant, give the tenant the affected property and keep a copy for your records. Arkansas law gives the tenant time to pay up or remedy the violation and stay in the property. I routinely tell people to give the tenant an extra week, because most people can find the money for rent or fix the violation if they have the time and energy. After the notice times , and the tenant has not moved out, the landlord can file an eviction lawsuit. There are a lot of technical procedures to navigate, so I encourage owners to use an attorney to do this.
Assuming that the landlord did everything properly and the tenant did not do what was required by the notice, the landlord’s remedy is a lawsuit to evict the tenant. This lawsuit is usually called an Unlawful Detainer action. The trial takes about 30 minutes (or less) and usually requires no discovery.
At the end of the suit is a judgment. The judgment will include a possession order that tells the sheriff to do the actual "evicting." Sometimes the judge issues the possession order and sometimes the prevailing party has to file a motion for possession order. There is also a monetary judgment for the back rent, court costs, etc. Sometimes the parties settle this after the trial, before the judge enters the judgment (which is usually set out in a Consent Judgment). When the case is over, the landlord obtains a "Writ of Possession" issued in the name of the sheriff. This is the actual court order that is given to the sheriff’s department to evict the tenant. Unfortunately, your attorney likely cannot do this last step.
If the tenant moves out without giving proper notice, the landlord will most likely be required to Mitigate damages. This means that the landlord has to go ahead and start trying to rent the unit again. In Arkansas, landlords are under no duty to find a new tenant for the unit at the same rental amount before taking the tenant to trial on possession of the property, however. The judge could order that the landlord has to try to get a new tenant at the trial, but this rarely happens.
As a practical matter, I can tell you from experience that a tenant almost never goes to trial without an attorney. Without being able to demonstrate that a tenant has been unsuccessful in finding a new tenant, the landlord usually is not found to have mitigated its damages. In that event, the tenant would usually be awarded damages against the landlord for the landlord’s failure to mitigate damages.
Notice is a tricky area of the law in Arkansas. Even a very smart person can really mess it up. If you make a mistake in notice, you can "create" your own problem.
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