Breaking a Lease in Arkansas

Arkansas Tenant Rights — Your Complete Renter Guide (2026)

By Oleg Kachko · Updated June 10, 2026

✓ Law Verified June 2026

This guide covers your core arkansas tenant rights in plain English — the notice rules, deposit limits, rent-increase protections, habitability standards, and what to do when your landlord breaks the rules. All figures are from Arkansas law, verified as of June 2026.

Arkansas Tenant Rights: Key Rules at a Glance

Here are the most important arkansas tenant rights numbers every renter should know:

Notice to enter Arkansas has no statutory minimum notice requirement for landlord entry. No specific number of hours or days is required by Ark. Code Ann. Title 18. Many landlords and legal guides recommend 24 hours as reasonable notice, but it is not codified in state law. Landlords may enter without any notice in emergencies such as fire, flooding, or gas leaks. Tenants should check their lease for any entry-notice clause, as that may be the only enforceable protection.
Notice to raise rent For month-to-month tenancies, the landlord must give at least 30 days written notice (one full rental period) before a rent increase takes effect. For fixed-term leases (e.g. yearly), rent cannot be raised during the lease term unless the lease itself contains a clause allowing mid-term increases. At lease renewal, no specific statutory notice beyond the lease expiration date is required. Arkansas has no cap on how much rent can be increased.
Notice to end month-to-month 30 days written notice by either the landlord or the tenant, per Ark. Code Ann. Section 18-17-704(b).
Notice to end yearly lease A fixed-term (yearly) lease expires automatically on its end date with no separate statutory notice required from either party, unless the lease itself specifies a renewal-notice period. If the tenant remains after the lease expires and the landlord accepts rent, the tenancy typically converts to a month-to-month arrangement, which then requires 30 days written notice to terminate.
Max security deposit 2 months rent for unfurnished units. Security deposit caps under Ark. Code Ann. Section 18-16-304 apply only to landlords who own or manage 6 or more rental units, or any landlord who uses a property manager. Landlords with 5 or fewer self-managed units are not subject to any statutory deposit cap.
Deposit return deadline 60 days after the tenant vacates and provides a forwarding address. The landlord must include an itemized list of any deductions. If the landlord fails to return the deposit or improperly withholds funds within 60 days, the tenant may be entitled to recover double the amount wrongfully withheld. Codified in Ark. Code Ann. Section 18-16-305.
Statewide rent cap NO. Arkansas has no rent control and actively prohibits it. Under Ark. Code Ann. Section 14-16-601, local governments are banned from enacting any ordinance that would control rent amounts for private residential or commercial property. The only exception is properties in which a local government has a direct ownership interest (e.g. public housing).

Habitability & Landlord Obligations in Arkansas

Arkansas is the only state in the U.S. that does NOT recognize an implied warranty of habitability. The Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code Ann. Section 18-17-101 et seq.) adopted tenant obligations from the Uniform Residential Landlord-Tenant Act but rejected landlord maintenance obligations. Landlords have no general statutory duty to maintain a rental property in habitable condition.

A landlord’s repair obligations exist only if (a) the written lease specifically assigns repair duties to the landlord, or (b) a local building or housing code is being violated. Tenants cannot withhold rent and cannot use repair-and-deduct remedies.

Other landlord obligations: Landlords must comply with security deposit caps and return timelines (if they own 6 or more units or use a property manager). Landlords must disclose known lead-based paint hazards for pre-1978 housing (federal requirement). Landlords must follow legal eviction procedures and cannot use self-help eviction such as changing locks or shutting off utilities.

Landlords must comply with applicable local building and housing codes where they exist. Critically, landlords have no general statutory duty to repair or maintain the property in habitable condition unless the lease specifies repair obligations.

Retaliation & Discrimination Protections

Retaliation: Extremely limited. Arkansas does not have broad anti-retaliation protections comparable to most states. Ark. Code Ann. Section 18-17-701 contains narrow language on retaliatory conduct. The primary verified protection is that landlords cannot retaliate against tenants for reporting lead-based paint hazards under Ark. Code Ann.

Section 20-27-608. If a landlord takes adverse action within 6 months of a tenant exercising a protected right, the action may be presumed retaliatory. However, for most tenant actions such as requesting repairs or contacting code enforcement, Arkansas law does not clearly prohibit retaliation.

Additional protected classes in Arkansas: Arkansas follows the federal Fair Housing Act. The Arkansas Fair Housing Act (enforced by the Arkansas Fair Housing Commission under the Dept. of Inspector General) mirrors federal protections: race, color, national origin, religion, sex, familial status, and disability.

Arkansas does NOT add any additional state-level protected classes such as sexual orientation, gender identity, source of income, age, marital status, or veteran status. Some local ordinances may provide additional protections.

📨 Get Free Tenant Rights Guides Alerts

Free · No spam · Unsubscribe anytime

What You Can Do When Your Landlord Violates the Law

Tenant remedies in Arkansas are severely limited. Tenants cannot withhold rent for any reason, including landlord failure to repair. Tenants cannot use repair-and-deduct. If the landlord fails to repair something that is the landlord’s responsibility under the written lease, the tenant may give 14 days written notice demanding repair, and if the landlord fails to act, the tenant may terminate the lease with 30 days written notice.

Tenants may sue in small claims court to recover a wrongfully withheld security deposit or other damages. Tenants may file a fair housing complaint with the Arkansas Fair Housing Commission or HUD. Tenants may contact local code enforcement if the property violates local building codes, though no statewide building code applies to rental housing.

Other Arkansas tenant protections: Arkansas is the ONLY state where failure to pay rent can become a criminal offense. Under Ark. Code Ann. Section 18-16-101, after a tenant fails to pay rent, the landlord can issue a 10-day written notice to vacate. If the tenant does not leave within 10 days, they may be charged with a misdemeanor (failure to vacate).

Penalties can include fines of up to 1000 and up to 90 days in jail (Class B misdemeanor) if the tenant has not deposited back rent with the court. A circuit court judge ruled this statute unconstitutional in 2015, but it remains on the books and is still enforced in some jurisdictions.

Additionally, Arkansas has two parallel eviction tracks: criminal failure to vacate (10-day notice, non-payment only) and civil unlawful detainer under Ark. Code Ann. Section 18-60-301 et seq. (3-day notice for non-payment, 14-day notice for lease violations, 30-day notice for no-cause termination of month-to-month tenancy).

Security deposit protections apply only to landlords with 6 or more rental units or those using a property manager; smaller landlords are exempt from statutory deposit caps and return deadlines.

Explore Your Full Arkansas Renter Rights

This overview covers the basics. For the full details on each topic, see the dedicated Arkansas guides:

Understanding Your Arkansas Tenant Rights

Knowing your Arkansas tenant rights is the single best way to protect yourself as a renter. Most landlord problems — illegal entry, withheld deposits, retaliatory evictions — happen because the tenant does not know what Arkansas law actually says. This Arkansas tenant rights guide gives you the exact rules so you can recognize a violation when it happens and act before your rights expire.

If any part of your Arkansas tenant rights situation is unclear, a local legal-aid office can help for free.

You May Also Like

Official Arkansas Sources & Resources

This Arkansas tenant rights guide was last verified against official sources in June 2026. Laws change — verify with your state or a local legal-aid office.

More Arkansas Tenant Rights Guides

Disclaimer: This guide is informational only and is not legal advice. Landlord-tenant laws change and vary by city and county within a state. Verify current rules with your state, your local court, or a free legal-aid office before acting. If you are facing eviction, contact a local tenant attorney or legal-aid organization right away.

Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.