Quick Answer
Arkansas splits landlord tenant laws across Title 18, Chapters 16, 17, and 60, not one unified act. It’s also the only state without a traditional implied warranty of habitability. Limited quality standards do apply, though, to leases signed or renewed after November 1, 2021. Landlords who own more than five units, or who use a paid property manager, must cap security deposits at two months’ rent. They must return deposits within 60 days. Civil nonpayment evictions start with a 3-day notice. Arkansas also remains the only state that still allows a separate criminal path for unpaid rent, though that provision has faced a real constitutional challenge.
Understanding Arkansas’s Landlord-Tenant Framework
Arkansas didn’t adopt the Uniform Residential Landlord and Tenant Act that many states use as their foundation. Instead, the rules sit across three separate parts of the Arkansas Code. Chapter 16 holds the older landlord-tenant statutes, including security deposits and a criminal nonpayment provision dating to 1979. Chapter 17 holds the Arkansas Residential Landlord-Tenant Act of 2007, covering habitability, entry, and most eviction notices. Chapter 60 holds the unlawful detainer process courts use to remove a tenant. Knowing which chapter governs which question matters here more than in most states, since the notice periods and remedies genuinely differ between them.
Arkansas is also widely known as the only state without a traditional implied warranty of habitability. Historically, landlords had no default legal obligation to keep a unit safe or livable unless the lease said so. That changed partially in 2021: Act 1052, codified at Ark. Code § 18-17-502, implies limited quality standards into any lease signed or renewed after November 1, 2021. It’s narrower than what most states require. Before assuming it works like a standard habitability warranty, it’s worth understanding exactly how narrow. You can read the full text of Arkansas’s landlord-tenant statutes directly from the Arkansas Bureau of Legislative Research’s Arkansas Code database.
Security Deposits in Arkansas
Arkansas caps security deposits at two months’ rent, but this cap doesn’t apply to every landlord. It only covers landlords who own more than five rental units. It also covers any landlord, regardless of portfolio size, who hires someone else to manage the property. If you self-manage five or fewer units, this subchapter’s cap doesn’t bind you at all. Check which category fits your situation before assuming the two-month limit governs it.
For deposits the cap does cover, the landlord has 60 days after the tenant returns possession to give back the deposit. That return must include an itemized list of any deductions for unpaid rent or damage beyond normal wear and tear. Arkansas doesn’t require landlords to hold the deposit in a separate or interest-bearing account. RentRedi’s guide to security deposits covers how to document a unit’s move-in condition so deductions hold up. Our recordkeeping guide covers keeping deposit funds properly separated even where Arkansas doesn’t require it.
Habitability and Repairs Since 2021
Before November 2021, Arkansas landlords could rent a unit “as-is.” They had no default obligation to keep it safe or livable unless the lease specifically promised otherwise. Act 1052 changed that, but only partially, and only for leases signed or renewed after November 1, 2021.
For those leases, the law implies a basic set of requirements. The unit must have:
- Hot and cold running water
- Electricity
- Potable drinking water
- A sanitary sewer and plumbing system
- A functioning roof and building envelope
- Working heating and air conditioning
If one of these fails, the tenant has to give written notice, typically by certified mail. The landlord then has 30 calendar days to fix it. If the landlord doesn’t, and the tenant’s rent is current, the tenant’s only statutory remedy is to terminate the lease. Doing so also gets the tenant the security deposit back. This law doesn’t give the tenant a right to sue for damages, withhold rent, or use a repair-and-deduct option. That makes it meaningfully narrower than the habitability protections most other states provide. A tenant can also waive these standards in writing, which is unusual. It’s worth being direct about that in any lease that intends to rely on it.
Rent, Late Fees, and Entry Notice
Arkansas has no statewide rent control and no statutory cap on late fees. A late fee needs to be reasonable and specified in the lease, but the law itself sets no fixed dollar or percentage ceiling. Separately, Arkansas gives tenants a 5-day grace period before a landlord can begin eviction proceedings for nonpayment. A late fee under the lease can still apply as soon as rent is late, though. A bounced rent check carries a separate fee of up to $30, plus any fee the landlord’s bank charges.
On entry, Arkansas is unusually quiet: no statute sets a notice period at all. The only rule is that a tenant can’t unreasonably withhold consent for a landlord to enter for repairs, inspections, or showings. RentRedi’s own 2025 survey with BiggerPockets found that units with tenants on autopay hit a 99% on-time rent rate. Units without it saw only 87%. That gap matters in a state where an unpaid balance can lead to eviction proceedings as early as day 6.
Evictions in Arkansas: Two Paths, Not One
This is where Arkansas differs from nearly every other state. For nonpayment of rent specifically, a landlord has two separate legal paths, one civil and one criminal. Each runs on different notice periods with different consequences.
| Situation | Required notice | Path | Statute |
|---|---|---|---|
| Nonpayment of rent (civil) | 3-day notice to quit | Unlawful detainer, filed in circuit court | Ark. Code § 18-60-304 |
| Nonpayment of rent (criminal) | 10-day notice to vacate | Criminal misdemeanor charge if tenant willfully stays | Ark. Code § 18-16-101 |
| Curable lease violation | 14-day notice to cure or quit | Civil | Ark. Code § 18-17-701 |
| Illegal activity on the premises | None required | Immediate civil filing | Ark. Code § 18-17-901 |
| Ending a week-to-week tenancy | 7 days’ written notice | Civil | Ark. Code § 18-17-704(a) |
| Ending a month-to-month tenancy | 30 days’ written notice | Civil | Ark. Code § 18-17-704(b) |
The Criminal Path: Failure to Vacate
The criminal path deserves a direct note, since it’s genuinely unusual. Under the “failure to vacate” statute, a tenant who willfully refuses to leave after a 10-day written notice risks a misdemeanor charge. The fine runs between $1 and $25 for each day they remain. A Pulaski County circuit judge ruled the statute unconstitutional in 2015. That ruling applied to that single case rather than striking the law statewide, though. The provision remains in the Arkansas Code, and current legal sources still describe it as available this year. In practice, most Arkansas landlords pursue nonpayment evictions through the civil unlawful detainer process rather than the criminal one. Mixing the two into a single notice is a real, avoidable source of legal exposure.
The Civil Path: Unlawful Detainer
For the civil path, once the 3-day notice period passes, the landlord files an unlawful detainer action in circuit court. A process server or the sheriff then serves the tenant a summons, complaint, and notice of intent to issue a writ of possession. From there, the tenant has 5 days (excluding Sundays and legal holidays) to file a written objection, or the court can issue a default judgment. RentRedi’s guide to evicting a tenant walks through the filing and hearing process. Our eviction letter guide covers what a notice needs to say to hold up in court. The 30-day notice for a month-to-month tenancy runs both directions. Our 30-day notice to vacate guide covers what that looks like from the tenant’s side.
An Arkansas Landlord Mixing Up the Two Eviction Paths
Consider a landlord like Terrence, a common scenario for anyone managing a handful of Arkansas units rather than a specific customer. Terrence’s tenant is a week behind on rent. He sends a notice referencing both the 3-day civil timeline and the criminal failure-to-vacate statute in the same letter. He assumes more notice language means more leverage.
It doesn’t work that way. The two processes have different notice periods, different courts, and different consequences. A notice that muddles them together can undermine either one if it’s ever challenged. Terrence’s simplest fix is to pick one path, most commonly the civil unlawful detainer route. From there, he should follow its specific notice and filing requirements cleanly, rather than combine language from both statutes into a single document.
Common Mistakes Arkansas Landlords Make
Assuming the Security Deposit Cap Applies to Every Landlord
The two-month cap only covers landlords with more than five units, or any landlord using a paid property manager. A small, self-managed landlord operating below that threshold isn’t automatically bound by this specific cap. Confirm which category fits before assuming it applies.
Treating Act 1052 Like a Full Habitability Warranty
The 2021 quality standards are real, but they’re narrower than most states’ habitability laws. There’s no rent withholding, no repair-and-deduct, no damages claim, and a tenant can waive the standard in writing. Overstating what this law does to a tenant, or understating it to yourself as a landlord, both create avoidable disputes.
Combining the Civil and Criminal Nonpayment Notices
These are two different legal tracks with two different notice periods. A notice that references both risks weakening whichever one a landlord intends to pursue.
Assuming No Late Fee Cap Means No Late Fee Scrutiny
Arkansas sets no specific dollar limit, but a late fee still has to be reasonable and written into the lease. A tenant can still challenge an aggressive fee that has no relationship to actual cost, even without a statutory number to violate.
FAQ
Arkansas’s rules differ from most other states in a few specific, important ways, and that’s exactly where assumptions carried over from a more typical state can cause real problems here.
What can a landlord not do in Arkansas?
An Arkansas landlord can’t remove a tenant through self-help, changing locks, shutting off utilities, or removing belongings without a court order. Landlords also can’t discriminate based on a protected class under the Fair Housing Act, or retaliate against a tenant for a legally protected action. They can’t demand a security deposit above the two-month cap where it applies. For leases signed after November 1, 2021, ignoring a written notice of a quality-standards failure risks the tenant’s right to terminate.
How long does a landlord have to evict you in Arkansas?
It depends on the path and the reason. Civil unlawful detainer for nonpayment starts with a 3-day notice, followed by a court filing. The tenant then has a 5-day response window once served. A lease violation requires 14 days’ notice to cure, while illegal activity on the premises allows immediate filing with no notice at all. An uncontested case can move fairly quickly; a contested one takes longer, depending on the specific court’s docket.
What are the key tenant rights in Arkansas in 2026?
Tenants have the right to a security deposit handled according to the rules that apply to their specific landlord. They also have protection from self-help eviction. For leases signed or renewed after November 1, 2021, they also get a limited set of implied quality standards covering water, electricity, plumbing, the roof, and HVAC. On top of that, tenants have the right to proper notice before an eviction filing, and protection from discrimination and retaliation.
Is Arkansas a landlord-friendly state?
Yes, more so than most. There’s no rent control, no statutory late fee cap, and security deposit rules that don’t even apply to many small landlords. Arkansas also uniquely offers a second, faster-moving legal option for nonpayment beyond the standard civil process. Tenants still have real protections, particularly around discrimination, retaliation, and the newer quality-standards law. Even so, the overall framework leans clearly toward landlords compared to other states.
Can a landlord enter without permission in Arkansas?
Not exactly, but Arkansas law doesn’t set a specific advance-notice period the way many states do. The rule is simply that a tenant can’t unreasonably withhold consent for entry related to repairs, inspections, or showings. Most landlords still provide at least 24 hours’ notice as a practical standard, even though the statute requires no specific number.
Does Arkansas have an implied warranty of habitability?
Not in the traditional sense, Arkansas is the only state without one. Since November 1, 2021, a narrower set of implied quality standards applies to newer or renewed leases, covering water, electricity, plumbing, the roof, and HVAC. But the tenant’s only remedy for an uncured violation is to terminate the lease, not withhold rent or sue for damages.
Does the “777 law” affect what a landlord can restrict in a lease?
Act 777 (2023) confirmed Arkansas as a “constitutional carry” state, meaning Arkansas doesn’t require a license to carry a firearm. It also reaffirms that private property owners, including landlords, can still restrict firearms on their own premises. Arkansas hasn’t adopted the tenant-firearm protections a handful of other states have. So a private landlord here can generally include a no-firearms clause in a lease, applied consistently. Public housing authorities face additional due-process limits on how they enforce such a clause.
How much can a landlord charge for a security deposit in Arkansas?
Up to two months’ rent, but only for landlords who own more than five units or who use a paid property manager. This specific statutory cap doesn’t bind smaller, self-managed landlords. Wherever it does apply, landlords must return the deposit within 60 days of move-out with an itemized list of deductions.
Conclusion
Arkansas rewards landlords who know which part of the code applies to their situation. That means checking whether the security deposit cap covers you and what the 2021 quality standards do and don’t require. It also means knowing which eviction path, civil or the rarer criminal one, fits the nonpayment case in front of you. Getting those distinctions right matters more here than in most states. Read more of our state landlord tenant law guides here.
Next steps:
- Confirm whether your portfolio size or use of a property manager puts you under the security deposit cap, and adjust your lease language accordingly.
- Check whether you signed or renewed your leases before or after November 1, 2021, since that date determines whether the 2021 quality standards apply.
- Arkansas units need a system that keeps notice periods and deposit deadlines current automatically. See how RentRedi handles rent collection, lease e-signatures, and deposit tracking in one place.