_2.jpg)
Introduction
Owning rental property in Arkansas comes with legal responsibilities. Landlords must comply with state and federal laws to avoid legal consequences. Knowing what not to do is as important as understanding what to do as a landlord. This guide outlines key restrictions and legal pitfalls to help landlords operate within Arkansas laws.
What Arkansas Landlords Must Never Do
1. Discriminate Against Tenants
Under the Fair Housing Act, landlords in Arkansas cannot discriminate based on:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
Refusing to rent to someone based on these factors can lead to serious legal consequences, including lawsuits and fines.
2. Retaliate Against Tenants
Landlords cannot retaliate against tenants who:
- Report code violations
- Request repairs
- Join tenant unions
If a landlord increases rent, issues an eviction, or changes lease terms after a tenant files a complaint, it may be considered illegal retaliation.
3. Ignore Essential Repairs
Arkansas is one of the few states that do not require landlords to maintain habitable housing unless stated in the lease. However, if a lease agreement includes repair responsibilities, landlords must comply. Failure to address issues like:
- Plumbing leaks
- Heating and cooling problems
- Electrical hazards
can lead to legal disputes and tenant lawsuits.
4. Enter Rental Property Without Proper Notice
Unlike other states, Arkansas does not require landlords to give notice before entering a rental unit. However, landlords should include a reasonable notice policy in the lease to avoid disputes and potential privacy invasion claims.
5. Illegally Withhold Security Deposits
Arkansas law states that landlords must return security deposits within 60 days after a tenant moves out. Deductions are only allowed for:
- Unpaid rent
- Damages beyond normal wear and tear
- Cleaning costs (if specified in the lease)
Failure to return the deposit within 60 days can lead to legal penalties and financial losses.
6. Evict a Tenant Without Proper Legal Process
Arkansas follows a strict legal eviction process. Landlords cannot:
- Lock out a tenant
- Shut off utilities
- Remove tenant belongings without a court order
Instead, landlords must provide a 3-day notice for unpaid rent or a 30-day notice for lease violations. The eviction must go through the court system to be legally enforceable.
7. Include Illegal Lease Clauses
Certain lease clauses are unenforceable in Arkansas, including:
- Waiving tenant rights
- Charging excessive late fees
- Allowing unlawful evictions
If a lease contains illegal clauses, it may be considered invalid in court.
FAQs About Arkansas Landlord Laws
1. Can a landlord enter a rental unit without notice in Arkansas?
Yes, Arkansas does not have a mandatory notice period for entry. However, it is recommended to provide reasonable notice as outlined in the lease.
2. How much can a landlord charge for a security deposit in Arkansas?
For properties with six or more units, landlords cannot charge more than two months’ rent as a security deposit.
3. What should a landlord do if a tenant refuses to leave?
Landlords must file an unlawful detainer lawsuit in court. They cannot force a tenant out without a legal eviction order.
4. Can a landlord raise rent at any time?
Arkansas does not have rent control laws, so landlords can increase rent with proper notice, except during an active lease term.
5. What are a tenant’s rights if a landlord refuses to make repairs?
Arkansas law does not require landlords to make repairs unless the lease states otherwise. Tenants may have legal options depending on lease terms.
Conclusion
Arkansas landlord laws can be complex, but knowing what property owners must never do can prevent legal trouble. By avoiding discrimination, illegal evictions, security deposit violations, and retaliation, landlords can protect their investments and maintain good landlord-tenant relationships.
PMI residential property managers follow a proven process throughout the rental cycle, maximizing everything from marketability to rental price. And if there’s any maintenance required, we’ve got you covered. Our licensed and insured vendors will take care of it. Trust the power of the process and enjoy the peace of mind a good property manager provides.
Hire a Rental Property Management Company in Northwest Arkansas
Rental property management companies offer many benefits for landlords who want to enjoy the benefits of owning investment property in a growing city. Experienced property managers can help streamline property repairs, but their fees don't include the cost of this work.
PMI Heritage is a leading Northwest Arkansas property management company. We offer many services to help you thrive as a landlord in this exciting city.
Our services include rent collection, property inspections, and maintenance coordination. We will ensure your rental home is always well-maintained by attending to repairs swiftly.
Discover how we can help you make the most of your Northwest Arkansas and Fayetteville AR, investment properties today.
