Arkansas Landlord Required Disclosures: What You Must Tell Tenants

Effective July 1, 2007, the Arkansas Residential Landlord-Tenant Act governs rental disclosures, with significant updates regarding habitability and move-in forms effective November 1, 2021 (Act 1052). Compared to many other states, Arkansas requires relatively few mandatory disclosures from landlords. However, the disclosures that are required are critical, and failure to provide them can expose landlords to liability or the loss of legal protections.

1. Lead-Based Paint Disclosure (Federal Law)

Official Law Citation: The rules and regulations outlined on this page are strictly configured under 42 U.S.C. § 4852dPreview unavailable and the Arkansas Residential Landlord-Tenant Act. Landlords must always ensure their lease agreements directly adhere to these statutes.

For any residential rental property built before 1978, federal law (Title X, Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act) requires landlords to:

• Disclose any known lead-based paint or lead-based paint hazards in the dwelling.
• Provide tenants with any available records or reports pertaining to lead hazards.
• Provide an EPA-approved informational pamphlet: "Protect Your Family From Lead in Your Home."
• Include a standard lead warning statement in the lease agreement.
• Allow the tenant a 10-day period to conduct an independent lead inspection before signing the lease (unless the tenant waives this right).

This is a federal requirement and applies in all 50 states, including Arkansas.

2. Move-In Inspection & Defect Form

Under Ark. Code Ann. § 18-17-502, for any lease entered into or renewed after November 1, 2021, landlords must provide tenants with a written form at the time of move-in to list any defects.

• Purpose: This form is required for the landlord to be "considered in compliance" with the implied warranty of habitability standards.
• Tenant Deadline: The tenant has two business days to return the form.
• Consequence: If the tenant fails to list a defect or does not return the form, the landlord is generally presumed to be in compliance with habitability requirements at the start of the lease.

3. Domestic Violence Protections

Under Ark. Code Ann. § 18-16-112, landlords have specific obligations regarding tenants who are victims of domestic violence:

• Lock Changes: Landlords must change or re-key locks within 24 hours of receiving a request (and appropriate documentation) from a victim of domestic violence, at the tenant's expense.
• Termination Protection: Landlords are prohibited from terminating a lease or refusing renewal based solely on the tenant's status as a victim of domestic violence.

4. Flood Zone Disclosure (Caveat Emptor)

Unlike many states, Arkansas has no specific state statute requiring landlords to disclose if a property is in a flood zone. Arkansas remains a "Caveat Emptor" (Buyer/Tenant Beware) jurisdiction regarding property conditions that are not related to the specific habitability standards in § 18-17-502. However, disclosing known flood risks is recommended to avoid claims of fraudulent concealment or negligence.

Recommended Additional Disclosures

While not strictly mandated by Arkansas state statute, the following disclosures are strongly recommended for risk management:

Mold Disclosure

Arkansas does not have a specific state statute requiring mold disclosure. However, under the habitability principles of Act 1052, landlords aware of mold conditions that affect the "building envelope" or "sanitary sewer" (as defined in § 18-17-502) should disclose them to prevent litigation.

Security Deposit Terms

While not a standalone "disclosure" requirement, it is best practice to clearly spell out in the lease agreement:

• The exact amount of the security deposit.
• The conditions under which the deposit may be withheld.
• The 60-day return timeline for the security deposit and any itemized list of deductions (§ 18-16-305).

Landlord and Property Manager Identification

While not explicitly mandated by a disclosure statute, identifying the parties is essential for a valid contract. Always include:

• The name and address of the property owner for service of process.
• The contact information for the person authorized to manage the property.

How Landager Helps

Landager's customizable lease templates include built-in disclosure sections, ensuring that lead paint notices, mandatory move-in defect forms (§ 18-17-502), and domestic violence rights are automatically included in every lease you generate - reducing legal risk with zero extra effort.

Back to Arkansas Landlord-Tenant Laws OverviewPreview unavailable.