Arkansas Lease Agreement Requirements: What Landlords Must Include

An Arkansas lease agreement follows the same basic structure as a lease in any other state, but Arkansas law contains a handful of rules that surprise landlords who learned the trade elsewhere. The state operates under the Arkansas Residential Landlord-Tenant Act of 2007, and several deposit provisions apply only to landlords above a certain size. Knowing which rules reach your situation keeps your lease accurate and your move-out process clean.

You can build a compliant document with the Arkansas residential lease generator, but it helps to understand what each clause is doing before you sign anyone. Below is a plain reading of the core requirements, with the statute citations so you can check the source yourself.

Arkansas Is Unusual Among the States

Arkansas has long carried a reputation as one of the more landlord-favorable states in the country. For years it was the only state without an implied warranty of habitability for residential tenants, meaning a landlord was not automatically required by statute to keep a unit in livable condition. That history matters because it shapes how courts read the lease itself. Many obligations that tenants in other states take for granted exist in Arkansas only if you write them into the agreement.

The practical takeaway for landlords is that your Arkansas lease carries more weight than it might in a state with broad tenant protections. The practical takeaway for tenants is the same fact viewed from the other side: read the document closely, because the written terms are largely what govern the relationship.

The Security Deposit Cap and the Five-Unit Exemption

Arkansas Code section 18-16-304 sets a clear ceiling. A landlord may not demand or receive a security deposit, however it is labeled, in an amount greater than two months of periodic rent. If the rent is 1,000 dollars per month, the most you may collect as a deposit is 2,000 dollars.

Here is the twist that catches people. Under Arkansas Code section 18-16-303, the entire security deposit subchapter does not apply to a landlord who, together with a spouse, minor children, and any related entities, owns five or fewer dwelling units. If you fall under that exemption, the two-month cap and the return rules described below do not bind you by statute. One important limit: the exemption is lost if a third party manages the units, including rent collection, for a fee. If you own six or more units, or you use a paid property manager, plan to follow the deposit rules in full.

Returning the Deposit

For landlords who are covered by the deposit subchapter, Arkansas Code section 18-16-305 controls the return. Within sixty days of the termination of the tenancy, you must return the deposit to the tenant. If you are keeping any portion, you must provide a written itemized list of the deductions for unpaid rent or damage, along with whatever balance remains. Sixty days is a longer window than many states allow, so do not assume a thirty-day habit from another state will satisfy Arkansas.

A good lease records the tenant forwarding address at move-out and explains how the deposit accounting will work. That single clause prevents most deposit disputes before they start.

It also helps to document the condition of the unit at both move-in and move-out. A dated move-in checklist signed by both parties, supported by photographs, gives you the evidence to justify any deduction you make later. Tenants benefit from the same record, because it protects them from being charged for damage that existed before they arrived. When the deposit accounting is grounded in a written condition report rather than memory, the sixty-day return goes smoothly and neither side feels surprised.

Required Disclosures and Lead Paint

Arkansas does not impose a long list of state-specific lease disclosures the way some states do. The disclosure that does apply comes from federal law: for any housing built before 1978, you must give tenants the EPA lead-based paint pamphlet and include the lead disclosure in the lease. That requirement is national, not unique to Arkansas, but it is the disclosure landlords most often forget.

Beyond lead paint, it is sound practice to name the owner or the person authorized to receive notices, identify how and where rent is paid, and spell out who handles utilities. None of those are exotic, and a thorough lease covers them as a matter of course.

If you charge late fees, state the fee and the grace period in the lease, because a fee the tenant never agreed to in writing is hard to enforce. The same goes for pet rules, parking, and any rule about who may occupy the unit. Arkansas gives you wide latitude to set these terms, but only the terms you actually write down will govern. A lease that is specific protects you, and it gives the tenant a fair picture of the rules before they sign.

Notice Periods for Ending a Tenancy

For a month-to-month tenancy, Arkansas practice is that either party may end the arrangement with written notice given before the next rental period, commonly understood as at least one rental period in advance. Notice rules and eviction timelines in Arkansas can move quickly compared to other states, and the state has both a civil eviction process and, historically, a criminal failure-to-vacate path. Because these procedures carry real consequences, confirm the current notice period and process with your county court or a local attorney before you act.

State your notice terms plainly in the lease itself. When the document says how much notice each side must give, both parties know where they stand, and you avoid arguing about the default rule later.

Putting the Arkansas Lease Together

A complete Arkansas lease names the parties and the property, sets the rent and due date, states the deposit amount within the legal cap if the cap applies to you, includes the federal lead disclosure where relevant, and spells out notice and termination terms. Start from a state-aware template rather than a generic form so the deposit and notice language matches Arkansas rather than some other state. You can find that starting point on the lease agreement page and choose the Arkansas residential option.

Whether you own a single rental or a small portfolio, the goal is the same. Write the terms clearly, follow the deposit rules that apply to your situation, and keep good records. A careful lease protects the landlord and gives the tenant a fair, predictable set of rules to live by.

Sources

• Arkansas Code 18-16-304 (security deposit limit)
• Arkansas Code 18-16-303 (small-landlord exemption)
• Arkansas Code 18-16-305 (return of deposit)