Arkansas (AR) law guide
Arkansas takes a notably **landlord-friendly** stance compared to most of the South, with no statewide rent control, a streamlined unlawful detainer process, and few mandatory habitability remedies available to tenants. The primary governing framework is the **Arkansas Residential Landlord-Tenant Act of 2007** (Ark. Code Ann. Title 18, Chapter 17), which sits alongside older provisions in Chapter 16 covering security deposits and summary eviction procedures. Property managers and investors drawn to Arkansas's low cost of living will find a legal climate that rewards proactive lease drafting and timely compliance with deposit-return timelines.
Security deposit limit
2 months rent (unfurnished)
Deposit return deadline
60 days after move-out
Statewide rent control
None -- prohibited statewide
Nonpayment eviction notice
3-day notice to vacate (civil)
Arkansas rental market snapshot
Population
~3.1 million (2025 estimate)
Renter households
~34% of households rent
Median rent
~$1,066 (2BR statewide); ~$1,147 in Little Rock, ~$1,347 in Fayetteville-Springdale-Rogers
Largest rental markets
Little Rock-North Little Rock-Conway, Fayetteville-Springdale-Rogers, Fort Smith, Jonesboro
Arkansas 2BR rents run roughly 25% below the national average, making the state attractive to buy-and-hold investors -- and the absence of rent control means landlords can price to market without regulatory friction as Fayetteville's university-driven demand continues to push rents above statewide norms.
Arkansas law caps security deposits at two months rent for unfurnished residential units under Ark. Code Ann. § 18-16-304. This two-month ceiling applies to landlords who own six or more residential units or operate through a corporate entity; smaller independent landlords renting fewer than six units technically fall outside that statutory cap, though collecting excessive deposits still exposes them to potential bad-faith claims. Pet deposits and last-month rent payments are typically counted toward this ceiling, so landlords should structure their lease addenda carefully to avoid inadvertently exceeding the limit.
After a tenant vacates, the landlord has 60 days to either return the full deposit or mail an itemized written statement of deductions along with any remaining balance. The clock starts when the tenancy ends and possession is handed over. Allowable deductions include unpaid rent, damage beyond normal wear and tear, unpaid utility bills charged to the tenant, and reasonable re-renting costs tied to an early lease break. Routine items such as minor scuffs on walls, small nail holes, faded paint, and carpet worn by ordinary use are considered normal wear and tear and cannot be charged back to the tenant.
A landlord who misses the 60-day window or fails to provide the required itemized list forfeits the right to retain any portion of the deposit. Courts may additionally award the tenant up to double the amount wrongfully withheld plus reasonable attorney fees when a willful violation is proven (Ark. Code Ann. § 18-16-305). Given that the penalty exposure can quickly exceed the deposit itself, landlords should maintain a move-out checklist with dated photographs and send itemization letters via certified mail to create a clear paper trail.
Arkansas has no statewide rent control and, unlike some states that merely lack such laws, Arkansas explicitly prohibits local governments from enacting their own rent stabilization ordinances. Act 459 of 2025 reaffirmed that cities and counties cannot set caps on rent, application fees, or security deposits for private residential or commercial properties. This means a landlord in Little Rock, Fayetteville, or Fort Smith can increase rent to whatever the market will bear without running afoul of any municipal ceiling.
For month-to-month tenancies, Arkansas landlords must give at least one full rental period of written notice before a rent increase takes effect -- in practice, that means a 30-day written notice for monthly leases. Fixed-term leases are governed by whatever increase provisions the lease itself contains; a landlord cannot unilaterally raise rent mid-lease absent a contractual clause permitting it. The Arkansas Attorney General's office notes that both oral and written rental agreements carry this one-period notice requirement.
Although no ceiling on the dollar amount of an increase exists, landlords may not raise rent in a discriminatory or retaliatory manner. Hiking rent immediately after a tenant reports a code violation or requests a repair is presumed retaliatory under Ark. Code Ann. § 18-17-704 and can expose the landlord to damages. Documenting the business rationale for any increase -- market comparables, rising operating costs, capital improvements -- provides the clearest defense against a retaliation claim.
Arkansas operates a dual-track eviction system for nonpayment of rent. On the civil side, if a tenant has not paid rent by the due date, the landlord may issue a 3-day unconditional notice to vacate and then file an unlawful detainer action in circuit court (Ark. Code Ann. § 18-60-304). Separately, unpaid rent can also be pursued criminally under Ark. Code Ann. § 18-16-101, which requires a 10-day written demand before a landlord can file a criminal complaint; a tenant who ignores that demand may face misdemeanor charges and fines of up to $25 per day until they vacate. Most landlords opt for the civil route because it produces an enforceable court order more quickly.
For lease violations other than nonpayment -- unauthorized occupants, pet violations, property damage -- the landlord must first serve a 14-day notice to cure or quit giving the tenant a window to remedy the problem (Ark. Code Ann. § 18-17-701). If the breach involves criminal activity or creates an imminent safety hazard, the notice period may be shortened. In all cases, the court issues a summons after the landlord files; the tenant then has five days to file a written objection with the circuit court clerk. If no objection is filed, the county sheriff may remove the tenant without a hearing.
Self-help eviction is strictly prohibited in Arkansas. A landlord who changes the locks, removes doors or windows, shuts off utilities, removes a tenant's belongings, or uses intimidation to force a vacate faces civil liability, potential damages, attorney fees, and possible criminal charges. The legal eviction path -- notice, court filing, and sheriff-enforced writ of possession -- is the only permissible route regardless of how clear-cut the landlord's case may be.
Arkansas tenants have fewer statutory protections than those in coastal states, but several meaningful rights still apply. Under the Fair Housing Act and its Arkansas counterpart, landlords cannot refuse to rent, impose different lease terms, or selectively enforce rules on the basis of race, color, religion, sex, national origin, disability, or familial status. Tenants facing domestic violence situations have a specific statutory right to request a lock change for their safety, and the landlord must provide new keys within a reasonable time. Tenants may also sublease with written landlord approval, though the original tenant typically remains liable on the underlying lease if the sublessee defaults.
Arkansas adopted implied residential quality standards as part of Act 1052 of 2021 (Ark. Code Ann. § 18-17-502), establishing baseline habitability requirements -- functioning heating, plumbing, weatherproofing, and working locks -- for leases entered into or renewed after November 1, 2021. However, in a notable departure from many states, the statute explicitly states that a tenant may not withhold or offset rent as a remedy for a landlord's failure to meet those standards. Tenants who believe their unit is uninhabitable must pursue other channels: reporting violations to local code enforcement, filing a lawsuit for damages, or in extreme cases seeking lease termination through the courts.
Tenants in Arkansas must give notice before vacating that mirrors the rental period -- typically one full rental period for month-to-month agreements and the notice term specified in a fixed-term lease. Failure to give proper notice can expose a tenant to liability for unpaid rent through the end of the notice period. Small claims court in Arkansas handles disputes up to $5,000, giving both parties an accessible and relatively low-cost forum for resolving deposit disputes and minor damages claims without retaining an attorney.
This guide is general information, not legal advice. Governing statute: Arkansas Residential Landlord-Tenant Act of 2007. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-04.
Arkansas FAQ
For unfurnished residential units, Arkansas law caps security deposits at two months rent for covered landlords (those owning six or more units or operating as a corporation) under Ark. Code Ann. § 18-16-304. Landlords with fewer than six units technically fall outside that statutory cap, though collecting unreasonable deposits can still create legal exposure.
Arkansas landlords have 60 days after the tenant vacates to return the deposit or mail an itemized list of deductions along with any remaining balance. Missing this deadline can forfeit the landlord's right to keep any portion of the deposit, and willful violations may result in a court awarding the tenant up to double the withheld amount plus attorney fees.
No. Arkansas has no statewide rent control, and local governments are expressly prohibited from enacting their own rent stabilization ordinances under Act 459 of 2025. Landlords may raise rent by any amount, provided they give at least one full rental period of written notice (typically 30 days for month-to-month leases) before the increase takes effect.
On the civil track, Arkansas landlords must serve a 3-day unconditional notice to vacate before filing an unlawful detainer action in circuit court (Ark. Code Ann. § 18-60-304). A separate criminal track requires a 10-day written demand. Most landlords use the civil route because it produces an enforceable removal order faster.
No. Self-help eviction is explicitly prohibited in Arkansas. Changing locks, removing doors or windows, cutting off utilities, removing belongings, or using intimidation are all illegal methods. A landlord who uses these tactics faces civil liability, potential damages and attorney fees, and possible criminal charges. The only legal path is through the court system.
No. Under Ark. Code Ann. § 18-17-502 (added by Act 1052 of 2021), Arkansas tenants may not offset or withhold rent even when a landlord violates implied habitability standards. Tenants with repair complaints must report violations to local code enforcement, document the issue, and pursue damages through the courts rather than stopping rent payments.
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