Arkansas Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What Arkansas law says about the clauses that matter most in a residential lease. Data as of 2026-10-22.

Main statute: Arkansas Code Title 18, Chapter 17 (Arkansas Residential Landlord-Tenant Act of 2007) and Chapter 16, Subchapter 3 (Security Deposits) (Ark. Code 18-17-101 et seq.; 18-16-301 to 18-16-306)

Security deposits

Max: Two months' periodic rent, however denominated (18-16-304). The deposit rules do not apply to dwelling units owned by an individual who (with spouse, minor children and related rental entities) owns five or fewer dwelling units, unless a third party manages them for a fee, including rent collection (18-16-303).
Return deadline days: 60 days
Itemization required: Yes
Interest required: No interest or separate-account requirement found in 18-16-301 to 18-16-306.

Source: Ark. Code 18-16-303, 18-16-304, 18-16-305, 18-16-306

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Late fees

Rule: No late-fee provision found in the Arkansas landlord-tenant sections read (18-16-301 to -306 and the 18-17 sections listed in the notes). Any late fee must come from the lease; no statutory cap or fee grace period found. Other titles of the Arkansas Code were not searched.

Source: Ark. Code 18-16-301 to 18-16-306, 18-17 (no provision found)

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Landlord entry

Notice: No fixed advance-notice period for entry is stated. A tenant 'shall not unreasonably withhold consent' to the landlord entering to inspect, make necessary or agreed repairs, supply services, investigate lease violations or possible criminal activity, or show the unit to purchasers, mortgagees, tenants, workers or contractors (18-17-602(a)). If the tenant refuses lawful access, the landlord can seek an injunction in district court to compel access or terminate the rental agreement, plus actual damages and attorney's fees (18-17-705).

Source: Ark. Code 18-17-602, 18-17-705

Ending a month-to-month tenancy

Tenant: At least 30 days' written notice before the termination date specified in the notice (18-17-704(b)). Week-to-week tenancies: 7 days (18-17-704(a)).
Landlord: Same: at least 30 days' written notice before the termination date (18-17-704(b)). For unpaid rent, the landlord may terminate if rent is not paid within 5 days of the due date (18-17-701(b)); for other lease violations, written notice ending the lease not less than 14 days after receipt if not remedied (18-17-701(a)).

Source: Ark. Code 18-17-704, 18-17-701, 18-17-901(b)

Rent increases

Rule: No statute requiring advance notice of a rent increase found in 18-16 or 18-17.
Statewide rent control: No rent control: Arkansas preempts local rent, rental application fee and rental deposit control (Ark. Code 14-16-601 and 14-54-1409, as amended by Act 459 of 2025), except that the state's two-month deposit cap (18-16-304) still applies.

Source: Ark. Code 14-16-601, 14-54-1409 (Act 459 of 2025)

Repairs & habitability

Rule: For leases entered into or renewed after Nov 1, 2021, Arkansas implies minimum quality standards: hot and cold running water, electricity, potable drinking water, sanitary sewer and plumbing meeting codes at time of installation, a functioning roof and building envelope, and functioning heating and air conditioning where they served the unit when leased (18-17-502(a)). The tenant must give written notice (certified mail or the lease's method); if rent is current and the landlord does not fix the problem within 30 calendar days of receiving it, the tenant's sole remedy is to end the lease without penalty and get back a recoverable deposit (18-17-502(d)). The tenant may not withhold or offset rent for these defects (18-17-502(d)(3)(B)). No repair-and-deduct remedy is provided. Lease terms contrary to these standards are overridden unless the tenant agrees in writing to do the renovation (18-17-502(b)); waivers are barred (18-17-502(g)).

Source: Ark. Code 18-17-502, 18-17-601

Clauses often unenforceable in Arkansas

A lease term waiving the implied quality standards or other rights, duties or remedies under the Residential Landlord-Tenant Act (18-17-502(b), (g))
A security deposit (however named, e.g. pet or cleaning deposit) above two months' periodic rent, where the deposit statute applies (18-16-304)
Any term letting the tenant withhold or offset rent over missing quality standards is itself barred; the tenant's only statutory remedy is notice and termination (18-17-502(d))

Notes

Deposit deadline condition: 60 days run from termination of the tenancy (18-16-305(a)(1)); the itemized written notice and remainder are due 60 days after termination of the tenancy and delivery of possession by the tenant (18-16-305(a)(2)). No forwarding-address trigger in the statute; mailing the notice and payment by first-class mail to the tenant's last known address counts as compliance (18-16-305(b)(1)); an undeliverable payment becomes the landlord's property 180 days after mailing if the tenant cannot be located after reasonable effort ((b)(2)). Wrongful non-compliance: tenant may recover double the amount wrongfully withheld plus costs and attorney's fees (18-16-306), reduced to costs and the sum withheld if the landlord proves a good-faith error or dispute. Exemption: owners of five or fewer dwelling units, unless a third party manages them for a fee (18-16-303); the 60-day rule and the deposit cap may not apply to those small landlords, but the 18-17 Act may still apply. Eviction: nonpayment within 5 days of due date lets the landlord end the tenancy and start eviction (18-17-701(b), 18-17-901(b)); the 3-day notice to vacate in 18-60-304 was NOT VERIFIED. Quality of sources: the Arkansas Code is published officially only via LexisNexis, which is blocked here. Section text was read from a Justia mirror (2020-2025 editions via Wayback), and every amendment since 2013 was checked against the official legislature 'Code Sections Amended' index on arkleg.state.ar.us (2013-2026 sessions); official Acts read: 1052 of 2021, 315 of 2019, 414 of 2023, 459 of 2025. Pre-2013 amendments not checkable on arkleg (mirror history: last 2009). Not read: 18-17-401, 603, 706, 707, 902-913, 18-16-302. Act 459 of 2025 (SB91, approved 2025-04-03) amends only Title 14 rent-control preemption. No 2025 'Healthy Homes' or deposit act exists in the official 2025 index. Re-check: next regular session starts Jan 2027.

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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.