Arkansas Rental Lease Agreements
The Arkansas Rental Lease Agreements is a document that establishes a legally-binding relationship between a landlord and tenant, for the lease of either a residential dwelling or commercial space. The agreement specifies the legal obligations each party must uphold, including, but not limited to the rent Amount ($), Maximum Number of Guests, Rent Due Date, and Lease Term (excluding Month-to-Month) to name a few. Both parties should keep a copy of the lease agreement easily accessible, so that it may be referred to in the case of a dispute or to clarify the terms of the lease.
Types of Agreements
Commercial Lease Agreement – Used for business lease purposes only, this agreement includes a number of conditions not found in residential lease agreements.
Lease to Own Agreement – A specific type of lease agreement that provides a legal avenue for tenants of a rented property to purchase the property within a specified period.
Month-to-Month Lease – Allowing for greater flexibility of lease terms, this document allows either party to terminate the lease with just thirty (30) days forewarning.
Roommate Agreement – This document lays out obligations for roommates living in the same premises to uphold.
Standard Residential Lease Agreement – Provides legal protections and responsibilities to both a landlord and tenants of a given property.
Sublease Agreement – This document provides scope for a tenant to rent out their leased property with permission from their landlord.
What is an Arkansas Lease Agreement?
An Arkansas Lease Agreement is a legal contract that sets out conditions for a tenant to rent out a dwelling for a set amount of money that is paid each month to a landlord. It is in the best interests of the landlord to ask tenants to fill out a rental application prior to the signing of a lease agreement, so that they may verify their reliability.
State Definition (§ 18-17-301(11)) – “means all agreements, written or oral, and valid rules adopted under this subchapter embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.”
When is Rent Due?
Rent is due on the date specified in the lease agreement (§ 18-17-401(a)). There is a grace period of five (5) days (§ 18-17-701(b)). Late fee stipulations are not covered by Arkansas state law, meaning that landlords are not allowed to issue them to a tenant unless late fee conditions are stated in the contract.
Emergency: Although there is no specific state statute regarding landlord’s access during emergency situations, landlords have the right under federal law to enter a residence in the case of an emergency.
Non-Emergency (§ 18-17-602(a)): A tenant should not “unreasonably withhold consent” to allow the landlord to enter for a range of circumstances including inspecting the premises, making necessary or agreed repairs, and investigating possible rule or lease violations.
Lead Disclosure: Landlords are required to disclose known lead paint hazards to tenants, in addition to providing an information pamphlet issued by the Government on lead-based paint hazards as an attachment to their written lease.
Security Deposit Laws
Maximum amount (Section 18-16-304): Landlord cannot charge more than two (2) months’ rent to the tenant.
Returning to tenant (Section 18-16-305): Property or money must be returned to the tenant within sixty (60) days of termination of the tenancy. The money will become the landlord’s property in the case that they cannot find or get in contact with the tenant for up to one-hundred and eighty (180) days after the termination date.