The following will provide you with information on tenants'
rights in Arkansas. This information applies only to privately
owned rental units and not to government subsidized housing.
When you rent a house or apartment, you usually agree to
take it "as is". This means that the landlord does
not have 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 Housing Inspector to find out
if your landlord has violated housing codes.
The landlord may not have to make repairs to your dwelling
unless there is an agreement to do so, either written or
oral, that can be proven. Such agreements should be made
in writing.
If a landlord does not live up to his end of the bargain
or do what he says he will do, the tenant should still pay
rent. Tenants may have some recourse such as going to small
claims court, renegotiating the terms of your lease agreement,
moving or seeking the advice of a private attorney.
Both oral and written lease agreements are binding. In most
cases it is better to have a written agreement so there are
no misunderstandings about each party’s responsibilities.
If you plan to move and have an oral lease agreement, you
must give one rental period’s notice, before the next
rent is due.
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 sublease your apartment or house, you must
settle with the landlord, and obtain written directions from
him or her stating the amount of rent that can be collected.
If a landlord is going to raise your rent, he must give
you one rental period’s notice in writing or an oral
lease agreement or abide by the terms of a written lease.
A security deposit law gives tenants added protection when
leasing a residential dwelling. This law applies only to
landlords who rent six or more dwellings and 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 $200 a month, a landlord cannot require
a security deposit of more than $400.
- When you move, the landlord must return your security
deposit within 30 days. The landlord may, however, deduct
from the security deposit any damages made to the dwelling
or any past due rent.
- If the landlord deducts from your security deposit
an amount to cover damages or unpaid rent, he must give
you a written, itemized list of the charges withheld
within 30 days of the time you vacate.
- A landlord may withhold the entire amount of
the security deposit for damages or unpaid rent. He must
give you a written, itemized list of the charges withheld
within thirty (30) days of the time you vacate.
In Arkansas, a landlord may give notice of termination for
any reason. Even if you are a model tenant—quiet,
paying your rent on time and keeping your apartment clean—your
landlord can refuse to renew your lease. He must give you
one rental period’s notice if you have an oral lease,
or give notice according to the terms of the written lease
if you have one. (The only exception is for non-payment
of rent in which case eviction procedures may take place.)
Failure to pay rent or to pay rent on time, for any reason,
is grounds for eviction.
There are two types of eviction
procedures a landlord can use to get you to move: "unlawful detainer" ( a
civil eviction) and "failure to vacate" (a criminal
eviction).
If a landlord uses the "unlawful detainer" method
of eviction, he must give you three (3) 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 (5) days to object in writing
to the eviction. If you do not file an objection you can
be removed from the dwelling by the Sheriff. If you do object,
a hearing will be scheduled to determine your right to possession
of the property.
If a landlord uses the "failure to vacate" method
of eviction, he must give you ten (10) days written notice.
This method of eviction applies only to non-payment of rent.
If you do not leave the premises within ten (10) days, you
can be charged with a misdemeanor. You would then be required
to appear in court where you could be fined up to $25 for
each day you remained in the dwelling after being given the
ten (10) day notice to vacate.
A landlord is not permitted to change the locks on your
doors, move your furniture out, turn off your utilities or
use any other "self-help" method of eviction
or harassment to get you to move.
Additionally, Arkansas landlord/tenant law states that upon
the voluntary or involuntary termination of any lease agreement,
all property left in the dwelling by the tenant will be considered
abandoned, and may be disposed of by the landlord as the
landlord sees fit and without recourse by the tenant. All
property left on the premises by the tenant is subjected
to a lien in favor of the landlord for the payment of all
sums agreed to be paid by the tenant.
Discrimination is another issue that Arkansas tenants may
experience. A new federal housing law protects tenants from
some acts of discrimination at apartments. In September 1988,
amendments to the Fair Housing Act were enacted into law
to take effect March 20, 1989, (Pub. L. No. 100-430, 102
Stat. 1619). The Act prohibits discrimination in any residential
real estate-related transaction. The new 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 indicate
or intends 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, marital 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 development or to
a particular floor of a building
Always read a lease agreement before signing and keep
a copy for your files. If you have questions about your
rights under Arkansas landlord/tenant laws, seek legal
advice.
Contact Us
Consumer Protection Division
501-682-2341
800-482-8982 (statewide)
501-682-8118 (fax)
consumer@ag.state.ar.us
|
