Arkansas Landlord-Tenant Laws: Security Deposits, Eviction Rules & Tenant Rights (2026) • LeaseParser

1. How Arkansas law is structured

Most states adopted some version of the Uniform Residential Landlord and Tenant Act (URLTA) to organize their rental laws. Arkansas didn’t. Instead, Arkansas landlord-tenant law is scattered across several different parts of the Arkansas Code Annotated (ACA):

ACA Title 18, Chapter 16 — the older landlord-tenant provisions covering security deposits, the criminal failure-to-vacate statute, and property left on premises
ACA Title 18, Chapter 17 — the Arkansas Residential Landlord-Tenant Act of 2007, which added some structure around lease terms, entry, and termination
ACA Title 18, Chapter 60 — the unlawful detainer (civil eviction) process
ACA Title 16, Chapter 123 — the Arkansas Fair Housing Act

This means your rights as a tenant aren’t in one tidy place. They’re spread across four different chapters, and they don’t always fit neatly together. What follows is our attempt to make sense of it.

2. Security deposit rules

Deposit limits

Under ACA § 18-16-304, the maximum security deposit is two months’ rent.

But there’s a significant exception. Under ACA § 18-16-303, the entire security deposit subchapter only applies to landlords who own six or more dwelling units. If your landlord owns five or fewer units and doesn’t use a paid third-party manager, the two-month cap and the return deadline don’t apply to them at all. If they do use a paid manager, the rules kick back in.

No special account required

Unlike some states, Arkansas does not require landlords to hold your deposit in a separate trust or escrow account. They can mix it with their own money. There’s also no requirement to pay you interest on the deposit.

Return deadline

Under ACA § 18-16-305, your landlord has 60 days after the tenancy ends to either return your full deposit or provide a written, itemized list of deductions along with whatever balance is owed to you.

Penalty for non-compliance

Under ACA § 18-16-306, if your landlord willfully withholds your deposit without justification, you can recover: the amount owed, damages equal to twice the amount wrongfully withheld, court costs, and reasonable attorney’s fees. That’s real money. If your $1,500 deposit was wrongfully kept, you could recover $4,500 plus legal costs.

What they can deduct

Unpaid rent and damage beyond normal wear and tear. Your landlord must itemize every deduction in writing. Normal deterioration from everyday living isn’t a valid deduction.

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3. Eviction procedures and notice requirements

Even in a landlord-friendly state like Arkansas, your landlord has to follow a legal process to evict you. They can’t just change the locks.

Notice for unpaid rent

Under ACA § 18-60-304(3), your landlord must give you 3 days’ written notice to pay or vacate before filing for unlawful detainer. If you pay within those 3 days, the landlord cannot proceed with eviction.

Unlawful detainer grounds

Under ACA § 18-60-304, a landlord can file an unlawful detainer action (the civil eviction lawsuit) when a tenant:

Holds over after the lease term expires
Was given peaceable entry but then holds possession unlawfully
Fails to pay rent after receiving a 3-day notice
Fails to keep the premises safe and clean

The court process

The landlord files an unlawful detainer complaint in Circuit Court. You have the right to appear, present a defense, and argue your case. Only a court can order you to leave. Unlawful detainer cases are typically heard faster than regular civil cases.

Illegal self-help evictions

Your landlord cannot change the locks, shut off utilities, remove doors, or take your belongings to force you out. Those are illegal self-help evictions in Arkansas, and you have legal remedies if they happen.

4. Arkansas’s criminal eviction statute

This is the part that makes Arkansas truly different from every other state.

Under ACA § 18-16-101, if a tenant receives 10 days’ written notice to vacate for nonpayment of rent and willfully refuses to leave, they can be charged with a misdemeanor. The fine ranges from $1 to $25 per day for each day the tenant remains after the notice period.

Arkansas is the only state in the U.S. with a criminal failure-to-vacate statute for residential tenants.

What this means in practice

A few things to know:

This statute applies only to nonpayment of rent, not other lease violations
The judge cannot order physical removal under this statute. It’s a criminal fine, not an eviction order. For actual removal, the landlord still has to go through the civil unlawful detainer process.
Legal scholars have argued that this statute is unconstitutional, and at least one Arkansas court has agreed. But the statute remains on the books and can still be used.

If you’re facing criminal charges under this statute, contact Legal Aid of Arkansas immediately.

5. Landlord entry rules

This is another area where Arkansas is unusual.

No statutory notice period

Under ACA § 18-17-602, landlords may enter for legitimate purposes (inspections, repairs, showing the unit, investigating violations or criminal activity). But the statute does not specify a minimum notice period. It just says the tenant cannot “unreasonably withhold consent.”

In most states, you get at least 24 to 48 hours’ notice before your landlord can enter. In Arkansas, whatever your lease says is what you get. If your lease doesn’t mention a notice period for entry, there’s no state law backstop.

Permitted reasons for entry

Under ACA § 18-17-602(a), a landlord may enter to:

Inspect the premises
Make necessary or agreed-upon repairs, decorations, alterations, or improvements
Supply necessary or agreed-upon services
Investigate possible lease violations
Investigate possible criminal activity
Show the unit to prospective buyers, lenders, tenants, workers, or contractors

What to do about it

If entry notice matters to you (and it should), negotiate a notice requirement into your lease before you sign. Get it in writing. “Landlord will provide at least 24 hours’ written notice before entering the unit except in emergencies.” A few sentences in the lease are worth more than a state law that doesn’t exist.

6. Habitability standards and repairs

For decades, Arkansas was the only state with no habitability requirement at all. A landlord could rent you an apartment with no heat, no running water, and a roof that leaked, and your only option was to move out. That changed in 2021, but the new law is limited.

The 2021 reform: implied residential quality standards

Act 1052 of 2021 (codified at ACA § 18-17-502) created new minimum standards for residential rentals in Arkansas. Your landlord must now provide:

An available source of hot and cold running water
An available source of electricity
An available source of potable (drinkable) water
A sanitary sewer system and plumbing that conforms to applicable codes
A functioning roof and building envelope (meaning the exterior walls and structure are intact)
A functioning heating and air-conditioning system, to the extent one was serving the unit when the lease started

The 30-day fix-or-terminate remedy

If your landlord fails to meet these standards, you can give written notice describing the problem. The landlord then has 30 calendar days to fix it. If they don’t fix it within 30 days, you can terminate the lease without penalty and get your security deposit back.

What’s missing

The 2021 law has a big gap: you cannot sue for damages. You can’t ask a court to order repairs. Your only option is to leave. If the heat dies in January and the landlord doesn’t fix it in 30 days, you can terminate your lease, but you can’t force the repair or recover the cost of heating your apartment with space heaters for a month. In most other states, you could do both.

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7. Rent payment rules

When is rent due?

Rent is due on the date your lease specifies. If the lease doesn’t say, it’s due at the beginning of each rental period.

Grace period

Under ACA § 18-17-701(b), if rent remains unpaid 5 days after the due date, the landlord may terminate the tenancy. This effectively creates a 5-day window before eviction proceedings can start, though the statute doesn’t frame it as a “grace period” for late fees. Whether your landlord can charge a late fee on day 2 versus day 6 depends on your lease terms.

Late fees

Arkansas has no statute capping late fees for residential rentals. The amount is whatever your lease says. If the lease doesn’t specify a late fee, the landlord can’t charge one. Courts may refuse to enforce a fee that’s clearly punitive rather than a reasonable estimate of costs.

8. Lease termination and breaking a lease

Ending a periodic tenancy

Under ACA § 18-17-704(b):

Month-to-month: Either party must give at least 30 days’ written notice
Week-to-week: Either party must give at least 7 days’ written notice

Breaking a fixed-term lease

Legitimate grounds for early termination in Arkansas:

Habitability failure: If the landlord doesn’t fix a quality standards violation within 30 days of written notice (ACA § 18-17-502)
Domestic abuse: Victims can terminate within 60 days of a documented incident with court documentation (ACA § 18-16-112)
Military deployment: Under the federal Servicemembers Civil Relief Act (50 U.S.C. §§ 3901–4043)

Holdover penalties

If you stay past your lease’s end date without the landlord’s consent, under ACA § 18-17-704(c)the landlord can recover possession plus up to 3 months’ rent or twice actual damages(whichever is greater) along with reasonable attorney’s fees.

Domestic violence protections

ACA § 18-16-112 provides specific protections for tenants who are victims of domestic abuse:

You can terminate your lease within 60 days of a documented incident
You need a court order documenting your victim status
You’re allowed to change the locks (at your expense)
Your landlord cannot evict you, refuse to renew your lease, or retaliate because of the domestic abuse
The landlord cannot require you to waive your right to call law enforcement

Landlord’s lien on tenant property

Under ACA § 18-16-108, all property you place in the rental unit is subject to a lien in favor of the landlord for payment of all sums owed under the lease. This is a broad provision that other states generally don’t have. It means your landlord has a legal claim on your belongings if you owe them money.

9. Retaliation protections

This is where Arkansas provides less protection than almost any other state.

Arkansas does not have a broad anti-retaliation statute. In most states, if you report a code violation or join a tenant organization, your landlord can’t retaliate by raising your rent, cutting services, or filing for eviction. In Arkansas, there’s no such general protection.

The narrow protections that do exist:

Fair housing retaliation (ACA § 16-123-208): Your landlord cannot retaliate for filing a fair housing complaint, opposing a discriminatory practice, or testifying in a fair housing proceeding.
Domestic abuse retaliation (ACA § 18-16-112): Your landlord cannot retaliate because you are a victim of domestic abuse.
Lead hazard reporting: You cannot be evicted or threatened for reporting lead-based paint hazards.

Beyond these situations, an Arkansas landlord who raises your rent after you complain about a broken heater may not be breaking any state law. This makes it especially important to document everything in writing and know your options before making complaints.

10. Fair housing protections

Arkansas Fair Housing Act

The Arkansas Fair Housing Act (ACA § 16-123-201 et seq.) prohibits housing discrimination based on:

Race
Color
Religion
National origin
Sex
Disability (physical or mental)
Familial status (having children under 18)

These are the same classes the federal Fair Housing Act covers. Arkansas does not add additional state-level protected classes beyond the federal baseline.

What Arkansas does not protect

Arkansas’s state fair housing law does not explicitly include sexual orientation, gender identity, or source of income as protected classes. A landlord in Arkansas can legally refuse to accept Section 8 vouchers at the state level.

Where to file a complaint

You can file with the Arkansas Attorney General’s Office or file a federal complaint with HUD within one year of the discriminatory act.

11. Rent control status

Arkansas has no rent control. Under ACA § 14-16-601, the state explicitly prohibits any city, county, or local government from enacting rent control ordinances. No municipality in Arkansas can cap rent increases.

Your landlord can raise rent by any amount, but:

They cannot raise it during a fixed-term lease unless the lease has a rent escalation clause
For month-to-month tenancies, they must give 30 days’ written notice

12. Small claims court

Security deposit disputes and other lease disagreements can often be handled in small claims court.

Maximum claim amount: $5,000
Where to file: The Small Claims Division of District Court in the county where the rental property is located
Attorneys: Not allowed in small claims. If either side hires a lawyer, the case automatically transfers to the regular civil division of District Court.

The Arkansas Attorney General’s Office publishes a free guide to small claims court. Bring your lease, photos, correspondence, and the deposit itemization (or proof it was never provided).

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13. Key Arkansas statutes

Arkansas landlord-tenant law is spread across several chapters. Here’s a reference table of the statutes that matter most.

Section	Topic	Key rule
ACA § 18-16-101	Criminal failure to vacate	10-day notice; misdemeanor for nonpayment holdover; $1–$25/day fine
ACA § 18-16-108	Landlord’s lien	Lien on tenant’s property for all sums owed
ACA § 18-16-112	Domestic abuse protections	60-day termination; lock changes; no retaliation
ACA §§ 18-16-303 to 306	Security deposits	Max 2 months’ rent (6+ units); 60-day return; 2x penalty
ACA § 18-17-502	Quality standards (2021)	Water, electricity, sewer, roof, HVAC; 30-day fix; terminate only
ACA § 18-17-602	Landlord access	No statutory notice period; lease terms control
ACA § 18-17-701	Rent and termination	5-day period before eviction for nonpayment
ACA § 18-17-704	Periodic tenancy	30 days for month-to-month; 7 days for week-to-week
ACA § 18-60-304	Unlawful detainer	3-day notice for nonpayment; civil eviction process
ACA § 14-16-601	Rent control preemption	State prohibits local rent control ordinances
ACA § 16-123-201 et seq.	Fair housing	Race, color, religion, sex, national origin, disability, familial status

14. Frequently asked questions

How much can my landlord charge for a security deposit in Arkansas?

Under ACA § 18-16-304, the maximum security deposit is two months' rent. But here's the catch: this cap only applies to landlords who own six or more dwelling units. If your landlord owns five or fewer units and doesn't use a paid property manager, the cap doesn't apply to them (ACA § 18-16-303). If they do use a paid manager, the cap kicks back in.

How long does my landlord have to return my security deposit in Arkansas?

Your landlord has 60 days after the tenancy ends to return your deposit or give you an itemized list of deductions (ACA § 18-16-305). If they willfully withhold your deposit without justification, you can sue to recover the amount owed, damages equal to twice the amount wrongfully withheld, court costs, and reasonable attorney's fees (ACA § 18-16-306).

Can my landlord evict me without notice in Arkansas?

No. For unpaid rent, your landlord must give you a 3-day written notice to pay or quit (ACA § 18-60-304). For lease violations, they generally must follow the unlawful detainer process through the courts. Your landlord cannot change the locks, shut off utilities, or remove your belongings. That said, Arkansas does have a separate criminal "failure to vacate" statute (ACA § 18-16-101) that can apply after 10 days' written notice for nonpayment, though it cannot result in physical removal.

How much notice does my landlord need to give before entering my apartment in Arkansas?

Arkansas does not have a state law requiring a specific number of hours' or days' advance notice before entry (ACA § 18-17-602). The statute says you can't unreasonably withhold consent, but it doesn't mandate a notice period. Whatever your lease says about notice is what controls. If your lease is silent on it, there's no statutory backstop. This is unusual compared to most states.

Is there rent control in Arkansas?

No. Arkansas has no rent control, and state law (ACA § 14-16-601) actually prohibits any city or county from passing rent control ordinances. Your landlord can raise rent by any amount between lease terms. During a fixed-term lease, rent can't go up unless the lease has a rent escalation clause. For month-to-month, they need to give 30 days' notice.

Does Arkansas have a warranty of habitability?

Barely. Arkansas was the last state to adopt any habitability requirement. As of November 2021, Act 1052 created narrow "implied residential quality standards" (ACA § 18-17-502) requiring landlords to provide hot and cold running water, electricity, potable drinking water, a working sewer system, a functioning roof, and heating/AC. But the remedy is limited: if the landlord doesn't fix the issue within 30 days, all you can do is terminate the lease. You cannot sue for damages or get a court to order repairs.

Can I break my lease early in Arkansas?

If your landlord fails to meet the statutory quality standards under ACA § 18-17-502 and doesn't fix the issue within 30 days of your written notice, you can terminate without penalty. Victims of domestic abuse can also terminate within 60 days of a documented incident under ACA § 18-16-112. Active-duty military members can break a lease under the federal SCRA. For month-to-month tenancies, give 30 days' written notice (ACA § 18-17-704). Otherwise, you're on the hook for the remaining rent.

What are my retaliation protections in Arkansas?

This is where Arkansas is weak. There is no broad anti-retaliation statute protecting tenants who report code violations or join tenant organizations. The main protections are narrow: landlords can't retaliate for reporting lead-based paint hazards or for exercising fair housing rights (ACA § 16-123-208). Beyond those situations, Arkansas law doesn't prohibit a landlord from raising rent or declining to renew your lease after you make a complaint.

What can my landlord deduct from my security deposit in Arkansas?

Unpaid rent and damages beyond normal wear and tear. Your landlord must provide an itemized written list of deductions within 60 days of your move-out (ACA § 18-16-305). They cannot deduct for normal deterioration from everyday use. If they fail to itemize or return the deposit on time, you can recover double the amount wrongfully withheld plus attorney's fees.

What fair housing protections does Arkansas have?

The Arkansas Fair Housing Act (ACA § 16-123-201 et seq.) prohibits housing discrimination based on race, color, religion, national origin, sex, disability, and familial status. These match the federal Fair Housing Act's protected classes. Arkansas does not explicitly add sexual orientation or source of income as state-level protected classes. You can file complaints with the Arkansas Fair Housing Commission or with HUD.

15. Sources and references

This guide is based on the following Arkansas statutes and legal resources. Laws change, so always verify current statutes through official sources.

Arkansas statutes

Federal statutes

Fair Housing Act — 42 U.S.C. §§ 3601–3619
Servicemembers Civil Relief Act — 50 U.S.C. §§ 3901–4043
Residential Lead-Based Paint Hazard Reduction Act — 42 U.S.C. § 4852d

For tenant rights that apply nationwide, see our Tenant Rights Guide. Looking for another state? Browse our state landlord-tenant law directory. Not sure what a legal term means? Check our rental glossary.

Arkansas Landlord-Tenant Laws: What Renters Need to Know

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