Arkansas Tenant Information

Arkansas Tenant Information – Renters Rights

 

Arkansas laws that cover residential tenants and landlords apply only to private rental units and not government-subsidized housing.
Arkansas Tenant Information (Tenants Rights)

The state’s security-deposit law protects consumers from being required to pay security deposits in excess of what would be two months’ rent. For instance, a tenant paying $800 per month cannot be charged a security deposit of more than $1,600. The deposit must be returned within 60 days of moving, but landlords may deduct the cost of any damages or past-due rent. The law applies only to landlords who rent six or more dwellings.

Tenants who rent houses or apartments often agree to accept the dwelling “as –is,” which means that the landlord is not required to provide additional maintenance to the dwelling. If a tenant wants the landlord to be responsible for maintenance, the tenant should ask the landlord to agree in writing to provide it. Also, tenants who believe that maintenance necessary for their health and safety has not occurred should contact their local code enforcement authorities to determine whether the dwelling fully complies with building codes.

A landlord can terminate a lease at any time if the tenant violates any provision of the lease, including failing to pay rent. State law provides the landlord with a procedure to evict the tenant and reclaim possession of the premises.

McDaniel said tenants should know that landlords are required to provide notice at least one rental period – typically a month — in advance of an increase in rent, and that notice applies to both written and oral leases. Tenants who plan to move must give notice according to the provisions of their leases. In addition, tenants are generally obligated to obtain prior approval from landlords before subleasing an apartment or house.

When terminating the lease for reasons not based on the tenant’s violation of terms of the lease, landlords are required to give notice of at least one rental period in an oral lease, or they must abide by the terms of a written lease. It’s important for both tenants and landlords to know that landlords may give notice of lease termination for any reason, and even model tenants are subject to having a lease terminated. Tenants who wish to avoid this at-will termination by the landlord should ask for a long-term written lease.

The federal Fair Housing Act protects most tenants from being discriminated against on the basis of race, color, religion, gender, disability, familial status or national origin. For more information about fair housing, contact the federal Department of Housing and Urban Development (www.hud.gov) or the Arkansas Fair Housing Commission (www.fairhousing.arkansas.gov).

 

Tenants Defending an Eviction Forms

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Tenant Defence Forms

 

Arkansas law provides rights to both residential tenants and landlords. Arkansas laws on such issues apply only to private rental units and not government-subsidized housing.

Tenant Rights and Obligations:

• Landlords must provide notice of at least one rental period before raising the rent. This rule applies to both oral and written leases.
• If you plan to sublease your apartment or house, you typically must obtain prior approval from the landlord, and obtain written direction from him or her stating the amount of rent that can be collected.
• If you plan to move and have a written lease agreement, you must give notice according to the provisions of your lease.
• If you plan to move out and have an oral lease agreement, you must give one rental period’s notice.

 

Repair and Maintenance of a Rental Dwelling:

• When you rent a house or apartment, you usually agree to take it “as is.” This means that the landlord is not required to provide additional maintenance to the dwelling. There are, however, city building codes to protect your health and safety. If you have health or safety problems with your dwelling, contact the city to find out if the residence fully complies with housing codes.
• If your landlord promises to make repairs, make sure that promise is in the written lease.
• Even if a landlord does not make a promised repair, the tenant should continue to pay the rent. Tenants have some recourse, such as going to small claims court, renegotiating lease agreement terms, moving or seeking the advice of a private attorney.
• Should you feel that your living conditions are an immediate health risk, you may contact the health inspector in your locality.

 

Security Deposits:

Arkansas’s security-deposit law provides tenants with added protection. This law applies only to landlords who rent six or more dwellings. It contains the following provisions:

• If you are required to pay a security deposit, you cannot be charged in excess of two months’ rent. For example, if your rent is $500 a month, a landlord cannot require a security deposit of more than $1,000.
• When you move, the landlord must return your security deposit within 60 days. The landlord may, however, deduct from the security deposit the cost to repair any damages made to the dwelling or any past-due rent.
• If the landlord deducts from your security deposit, the landlord must give you a written, itemized list of the charges withheld within 60 days of the time you vacate.
• A landlord may withhold the entire amount of the security deposit if damages or unpaid rent exceed the amount of the security deposit.

 

Evictions:

• Failure to pay rent or to pay rent on time, for any reason, is grounds for eviction. In Arkansas, a landlord may pursue a tenant in a civil action for “unlawful detainer.”
• Unlawful detainer actions require a landlord to provide you with a three days’ written notice to vacate. If you do not leave, the landlord can sue by filing a complaint against you in court. After you receive a summons to appear in court, you have five days to object in writing to the eviction. Any objection must be filed with the clerk of the court in which the eviction action was filed, and you should send a copy of your objection to the landlord’s lawyer. If you do not file an objection, you can be removed from the dwelling by the county sheriff. If you do object, a hearing will be scheduled to determine the outcome to your case.

 

 

Discrimination:

A federal housing law protects tenants from unlawful discrimination in the sale or rental of residential property. The Fair Housing Act prohibits discrimination in most residential real estate related transactions. The law includes the following provisions:

• Bans residential discrimination based on race, color, religion, gender, handicap, familial status or national origin.
• Bars advertisements and publications that suggest any preference, limitation or discrimination (e.g., adults only in a particular complex or section).
• Prohibits discrimination in the terms or conditions of the sale or rent of a dwelling
• Bans discriminating against any person because of race, color, religion, gender, handicap, familial status or national origin in the use of facilities associated with the dwelling.
• Forbids discriminatory assignment of a person to a particular section of a complex or to a particular floor of a building.
• For more information about Fair Housing, you may contact the U.S. Department of Housing and Urban Development atHUD.gov or the Arkansas Fair Housing Commission at FairHousing.Arkansas.gov.

Tips:

• Always read the lease agreement before signing and keep a copy for your files.
• Both oral and written lease agreements are binding. However, it is better to have a written agreement so there are no misunderstandings about each party’s responsibilities.
• Always pay your rent on time.

• Arkansas renters have fewer rights than those in any other state. For example: Arkansas is the only state in the nation without an implied warranty of habitability, which means Arkansas landlords are not required to make repairs or maintain their properties. Arkansas is one of only 10 states that don’t prohibit retaliatory eviction.

• The Non-Legislative Commission on the Study of Landlord-Tenant Laws, created in 2011 by the legislature, released a report Dec. 31 recommending 15 tenant-landlord law reforms.

• Lynn Foster, professor at the William H. Bowen School of Law at the University of Arkansas at Little Rock and a member of the study commission, said, “If you’re on a month to month lease, maybe it says the landlord makes repairs, maybe it doesn’t — but if you report something to code, the first thing the landlord is going to do is try and evict you. That’s why it’s imperative that if we adopt a warranty of habitability, we also adopt a statute prohibiting retaliatory eviction.”

 

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