Arkansas Lease Agreement Review
Arkansas long stood out for having no statutory habitability standard for rentals. A 2021 law, now Ark. Code 18-17-502, sets minimum conditions for leases entered into or renewed after November 1, 2021. The protections remain narrower than in most states: you still cannot withhold rent for repairs, and small landlords are exempt from the deposit-return statute. Reading the repair and deposit clauses closely matters more here than almost anywhere.
Security deposit
2 months
Entry notice
No statutory notice period
Security deposits in Arkansas
Arkansas caps deposits at two months’ rent. It is the state most often noted for a weaker implied warranty of habitability, so repair obligations deserve close reading.
Arkansas lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Arkansas
Arkansas does not fix an entry-notice period by statute, so the lease controls, which makes the entry clause worth reading closely. A fair lease should still require reasonable advance notice (at least 24 hours) for non-emergency entry.
Habitability and repairs in Arkansas
Like nearly every state, Arkansas recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
What must an Arkansas landlord provide?
Ark. Code 18-17-502 requires the landlord to supply, at move-in and throughout the lease, hot and cold running water, electricity, potable drinking water, a sanitary sewer and plumbing that met code when installed, a functioning roof and building envelope, and working heating and air conditioning if the unit had them when you signed.
If something fails, give written notice. If the landlord does not fix it within 30 calendar days and you are current on rent, you may end the lease without penalty and recover any refundable deposit. You cannot withhold or offset rent, and a lease clause waiving these rights is unenforceable. A defect listed on a move-in checklist you signed, or did not return within two business days, does not count against the landlord, so read that checklist carefully.
How long does an Arkansas landlord have to return a deposit?
Under section 18-16-305, the landlord has 60 days after the tenancy ends and you surrender possession to return the deposit, with deductions for unpaid rent and damage itemized in writing. Section 18-16-306 lets you recover twice the amount wrongfully withheld plus court costs and attorney fees, unless the landlord shows a good-faith dispute or a bona fide error.
One catch: section 18-16-303 exempts individual landlords who, with family and related entities, own five or fewer units, unless a paid third party manages them. Ask who owns and manages the property.
Arkansas sources checked 2026-10-09: Ark. Code 18-17-502 (FindLaw) · Ark. Code 18-16-305 (FindLaw) · Ark. Code 18-16-306 (FindLaw) · Ark. Code 18-16-303 (FindLaw). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Arkansas lease
- Security deposit vs the Arkansas limit, and the return terms
- Landlord entry notice against Arkansas requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Arkansas lease FAQ
How much can a landlord charge for a security deposit in Arkansas?
As of October 2026, the security-deposit rule in Arkansas is: 2 months. Arkansas caps deposits at two months’ rent. It is the state most often noted for a weaker implied warranty of habitability, so repair obligations deserve close reading. Deposit caps change, so confirm the current figure, ClauseAudit checks it against Arkansas law when you run your lease.
How much notice must a landlord give before entering in Arkansas?
Arkansas does not set a fixed entry-notice period by statute, so the lease and your right to quiet enjoyment control. Best practice, and what a fair lease should require, is at least 24 hours’ advance notice for non-emergency entry.
Can a Arkansas lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Arkansas lease; it does not override your rights.
How much can a landlord charge as a security deposit in Arkansas?
Arkansas caps it: 2 months. Arkansas caps deposits at two months’ rent. It is the state most often noted for a weaker implied warranty of habitability, so repair obligations deserve close reading. 6 jurisdictions use the same limit. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to Arkansas treat deposits the same way?
No, and the gap can be large: Louisiana (No statewide cap), Mississippi (No statewide cap), Oklahoma (No statewide cap), Tennessee (No statewide cap). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than Arkansas's.
Is there anything specific to Arkansas tenants should know?
Arkansas caps deposits at two months’ rent. It is the state most often noted for a weaker implied warranty of habitability, so repair obligations deserve close reading. With no statutory notice period for entry, the access clause in the lease is what governs, so read it rather than assuming a default.
Can I withhold rent in Arkansas if my landlord won't fix the air conditioning?
No. Ark. Code 18-17-502 expressly bars withholding or offsetting rent for habitability problems. If the unit had working air conditioning when you signed, give written notice. If it is not fixed within 30 calendar days and your rent is current, you may end the lease without penalty and get back any recoverable deposit.
Do Arkansas deposit rules apply to a small landlord?
Not always. Ark. Code 18-16-303 exempts an individual who, together with a spouse, minor children and related entities, owns five or fewer dwelling units, unless a third party manages them for a fee. For those landlords the 60-day return rule and double damages do not apply, so put the deposit terms in the lease itself.
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Deposit rules in neighbouring states
Deposit limits are set state by state, and 5 of the 6 states bordering Arkansas use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
Arkansas landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against Arkansas law when you run your lease, and you should confirm anything critical with a qualified Arkansas attorney.