When it comes to maintenance and repairs in Arkansas commercial real estate, the governing rule—codified on August 12, 2005, following the enactment of Act 928 (A.C.A. § 18-16-110) and rooted in the common law doctrine of caveat lessee—is simple: read the lease.

Unlike residential tenancies, which are bound by state-mandated health and safety standards under the Arkansas Renters' Healthcare Act (A.C.A. § 18-17-1101 et seq.), the commercial property market in Arkansas places almost zero statutory maintenance burden on the landlord. The responsibilities for repairing the roof, maintaining the HVAC, and keeping the parking lot paved are determined entirely by the negotiations documented in the commercial lease agreement.

No Implied Warranty of Habitability

Arkansas adheres to the common law doctrine of caveat lessee ("let the tenant beware"). There is no implied warranty of habitability or suitability for commercial properties. A landlord has no duty to repair or maintain the premises unless such an obligation is expressly stated in the written lease agreement (E.E. Terry, Inc. v. Cities of Helena, 256 Ark. 226).

Under A.C.A. § 18-16-110, a landlord is not liable to a tenant for death, personal injury, or property damage caused by a defect or condition of the premises unless they have:

1. A specific affirmative agreement supported by consideration to maintain or repair the premises; or
2. Assumed such a duty by conduct and failed to perform it in a reasonable manner.

If a commercial tenant in Arkansas signs a lease "as-is," and a month later the HVAC system dies and the roof begins to leak, the tenant has no statutory right to demand the landlord fix it, unless the landlord explicitly agreed to maintain those specific items in the written agreement.

Allocating Maintenance in the Lease

Because the law provides no safety net, a well-drafted Arkansas commercial lease must clearly delineate who is responsible for every aspect of the property. Responsibilities generally fall into three categories depending on the lease structure:

1. The Landlord’s Responsibility

In a standard commercial lease, landlords typically retain responsibility for the "bones" of the building and shared spaces. This usually includes:

• The structural integrity of the building (foundation, load-bearing walls).
• The roof structure and outer membrane.
• Common areas (lobbies, shared restrooms, elevators, parking lots).
• Utility conduits up to the point of entry into the tenant's specific suite.

2. The Tenant’s Responsibility

Tenants are almost always responsible for maintaining the interior of their specific leased premises. This typically includes:

• Interior lighting and plumbing fixtures.
• Cosmetic elements (paint, carpeting, drywall).
• Janitorial services within their suite.
• Pest control within their specific unit.

3. The HVAC Wildcard

Heating, Ventilation, and Air Conditioning (HVAC) systems are a frequent source of dispute in commercial leases. In Arkansas, the lease must state who handles HVAC.

• Some leases place full repair and replacement burden on the tenant.
• Some require the tenant to hold a preventative maintenance contract, but require the landlord to pay for full unit replacements.
• It is critical to define these terms explicitly to avoid litigation.

See our Commercial Lease RequirementsPreview unavailable guide for more on structuring specific clauses.

The Tenant's Lack of Statutory Remedies

Because A.C.A. § 18-16-110 and the doctrine of caveat lessee eliminate any default maintenance mandate for landlords, commercial tenants in Arkansas do not have the statutory "repair and deduct" rights found in some residential jurisdictions.

If an Arkansas commercial landlord breaches a maintenance obligation that they explicitly agreed to in the lease, the tenant generally cannot simply stop paying rent. Instead, the tenant's primary remedy is to sue the landlord for breach of contract in Circuit Court, or, if the failure to repair is so severe that the tenant is physically forced to abandon the property, they may claim Constructive Eviction.

Constructive Eviction

To successfully claim constructive eviction in Arkansas (Bohannon v. Foster, 2014 Ark. App. 35), a commercial tenant must typically prove that:

1. The landlord substantially breached an express lease obligation.
2. The breach fundamentally deprived the tenant of the beneficial use and enjoyment of the property.
3. The tenant provided notice and a reasonable opportunity for the landlord to cure the defect.
4. The landlord failed to cure.
5. The tenant actually surrendered possession and vacated the premises within a reasonable time. (A tenant cannot claim the property is unusable while continuing to operate their business out of it).

How Landager Helps Commercial Landlords

Commercial property maintenance isn't just about fixing things; it's about tracking exactly whose responsibility it is to pay for the fix. Landager enables Arkansas commercial landlords to intake maintenance requests, instantly cross-reference those requests against the specific tenant's lease obligations, and generate work orders. If a repair falls under Common Area Maintenance (CAM), Landager seamlessly routes the cost into the CAM reconciliation ledger for accurate annual pass-through billing.

Back to Arkansas Landlord-Tenant Laws OverviewPreview unavailable.