Disclaimer: This blog post is meant for informational purposes only and does not constitute legal advice. Consult with a licensed attorney in Arkansas for specific legal guidance.Â
If you’re managing rental properties in Arkansas, understanding how lease agreements work can save you a lot of time and stress. Whether you’re working with long-term tenants or month-to-month renters, a clear and legally sound lease agreement helps everyone stay on the same page.
This guide walks you through everything you need to know about Arkansas lease agreements—from types and must-have sections to landlord laws and common disclosures. Plus, download our free downloadable lease agreement template to get started right away.
What Is an Arkansas Lease Agreement?
An Arkansas lease agreement is a written contract between a landlord (or property manager) and a tenant. It lays out the terms of the rental arrangement and sets expectations for both sides.
You’ll usually see details such as:
- How long the tenant can stay
- How much rent is due and when
- Who’s responsible for maintenance
- What’s allowed (and not allowed) on the property
Putting everything in writing helps you avoid confusion and makes it easier to solve problems if they come up. While verbal agreements may hold up for short-term rentals, Arkansas law requires a written lease for any agreement lasting longer than 12 months (Arkansas Code § 4-59-101). Even for shorter terms, having a written lease is a smart move.
Who Needs an Arkansas Lease Agreement?
If you’re renting out a residential property, you need a lease—plain and simple. That includes:
- Property owners
- Property managers working on the owner’s behalf
- Tenants looking to rent a home or apartment
Here’s why:
- Legal protection: For leases longer than a year, state law calls for a written agreement. Without one, it’s tough to enforce anything in court.
- Clarity: Everyone knows what’s expected when things are spelled out. Rent due dates, maintenance duties, rules for guests—it’s all covered.
- Fewer surprises: If a tenant stops paying or damages the unit, your lease will guide your next steps.
- Professionalism: A well-written lease builds trust with tenants and makes your operation look more organized.
Skipping the lease might seem easier at first, but it often leads to confusion or legal trouble down the line.
Types of Arkansas Lease Agreements
Not all rentals are the same, and the type of lease you use should match the situation. Here are a few options you might use in Arkansas:
1. Fixed-Term Lease Agreement
This is your go-to for standard rentals—usually lasting 12 months. It lays out all the typical terms: rent, deposit, responsibilities, and more.
2. Month-to-Month Lease Agreement
This agreement renews every month unless either side ends it with notice. It offers flexibility for both landlords and tenants. Arkansas typically requires a 30-day notice to end a month-to-month lease (Arkansas Code § 18-17-704).
3. Sublease Agreement
This allows a current tenant to rent the unit (or part of it) to someone else. The original tenant still holds responsibility for rent and damage. Most leases require landlord approval before subletting.
4. Roommate Agreement
Used when multiple people share a unit, this document outlines how roommates split costs and handle responsibilities such as chores or shared spaces. While not always enforceable in court, it helps avoid conflicts.
5. Commercial Lease Agreement
Although not used for residential properties, it’s worth mentioning. These agreements apply to business rentals such as offices or retail spaces. They’re often longer and include terms that cover business operations and zoning.
For residential property managers, the first two options—standard and month-to-month—cover most needs.
What Should an Arkansas Lease Agreement Include?
A solid lease should cover all the important details without creating confusion. Here’s what to include:
Names and Contact Info: List the full names of everyone involved—landlords, tenants, and property managers. Add phone numbers and mailing addresses for official notices.
Lease Term: Write down when the lease starts and ends. If it’s month-to-month, say so clearly. Include how either party can end the agreement.
Rent and Security Deposit: State how much rent is due each month, when it’s due, and how tenants can pay. Also, include the security deposit amount and when they’ll get it back. Arkansas law says landlords have 60 days to return it (Ark. Code § 18-16-305).
Who Can Live There: List everyone allowed to live in the unit. This helps prevent unexpected roommates or overcrowding.
Responsibilities: Explain who handles what. That includes lawn care, repairs, utility bills, trash pickup—whatever applies to your property. Be specific.
Pets: If pets are allowed, lay out the rules. This might include pet fees, size or breed limits, and what happens if pets cause damage.
Landlord Entry: Landlords can enter the property for maintenance or inspections, but Arkansas law expects reasonable notice—usually 24 hours. Mention that in the lease.
What Happens if the Lease is Broken: Spell out what happens if a tenant misses rent or breaks the rules. Include the process for ending the lease early and possible fees.
When tenants know what’s expected and what the rules are, things tend to go more smoothly for everyone.
Arkansas Lease Agreement Addenda and Disclosures
In some cases, your lease will need a few extra pages—especially if the property has certain risks or falls under federal rules. Let’s delve into some of the most important addenda and disclosures for Arkansas lease agreements. This list is not exhaustive, so consult a legal professional if you’re unsure about what to include in your own agreements.
Required Disclosures
- Lead-Based Paint Disclosure: Federal law requires this for homes built before 1978. You’ll need to give tenants a special EPA pamphlet and have them sign an acknowledgment form.
- Owner and Manager Contact Info: Arkansas Code § 18-17-301 says you must share the name and address of the property owner and whoever manages the property.
- Flood Zone Notification: Not required by Arkansas law, but a good idea if your property is in a known flood-prone area.
Optional Addenda
These extras aren’t required, but they help clarify certain situations:
- Mold and moisture notice
- Bed bug policy
- Asbestos disclosure (for older properties)
- Smoking rules
- Parking rules
- Guest limits
Adding these helps cover your bases and keeps tenants better informed. It also gives you more backing if issues come up during the lease.
Arkansas Lease Agreement Laws and Regulations
Managing rental properties means keeping up with local laws. Here are a few important ones to stay aware of:
Security Deposits: Arkansas doesn’t set a maximum deposit amount, but you must return it within 60 days after the tenant moves out. If you keep any portion, you’ll need to include an itemized list explaining why (Ark. Code § 18-16-305).
Right of Entry: Landlords should give tenants reasonable notice (24 hours is a good rule of thumb) before entering for repairs or inspections. Too many surprise visits could count as harassment.
Late Fees: You can charge late fees, but only if the lease says so. Keep them reasonable—such as a flat $25 fee or a small percentage of rent.
Grace Periods: Arkansas doesn’t require a grace period. If you want to give tenants a few extra days, put that in writing in the lease.
Eviction Process: You can start eviction for unpaid rent or lease violations. Arkansas typically requires a 3-day notice to quit before moving forward with formal eviction (Ark. Code §§ 18-17-701 to 707).
Following the rules helps you avoid legal trouble and makes it easier to handle tenant problems when they arise.
Taking the Next Steps with Your Arkansas Lease Agreement
A good lease lays the foundation for a great rental experience. It tells tenants what to expect, helps you avoid confusion, and keeps your rental business running smoothly.
Our downloadable template and the steps in this guide can help you get started, but also consider testing out property management software to handle all your leasing needs more easily. Buildium offers a free 14-day trial and a guided demo, so you can decide if the platform meets your needs.