Arkansas Lease Agreement Requirements: Essential Clauses and Rules
Discover what Arkansas landlord-tenant law requires in a lease agreement, including mandatory clauses, prohibited provisions, and oral vs. written lea...
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A well-constructed lease agreement is the single most important document for any rental property in Arkansas. Given the state's landlord-friendly legal environment, having clear, thorough lease terms is essential for protecting both your investment and your legal standing.
Written vs. Oral Leases
Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official Arkansas Residential Landlord-Tenant Act of 2007 (A.C.A. § 18-17). Landlords must always ensure their lease agreements directly adhere to this state code.
Arkansas law recognizes oral lease agreements as valid, but only for tenancies lasting less than one year. Any lease intended to last one year or longer must be in writing to be enforceable under the Statute of Frauds.
Even for short-term or month-to-month tenancies, a written lease is strongly recommended. Oral agreements are extremely difficult to enforce in court because there is no documented record of the agreed-upon terms.
Essential Components of an Arkansas Lease
An Arkansas lease agreement should clearly define:
- Identification of Parties: Full legal names of the landlord (or property management company) and all adult tenants.
- Property Description: Complete street address including the unit number.
- Lease Term: Whether the agreement is a fixed-term lease (with start and end dates) or a month-to-month/week-to-week tenancy.
- Rent Details: The amount of rent, when it is due (typically the first of the month), acceptable payment methods, and consequences of late payment.
- Security Deposit: The amount, permissible deductions, and the 60-day return timeline.
- Late Fee Policy: The exact amount or percentage of late fees and when they apply. Fees must be reasonable.
- Occupancy Limits: Who is authorized to live in the unit.
- Pet Policy: Whether pets are allowed, any restrictions, and the amount of any pet deposit.
- Maintenance Responsibilities: Clearly distinguish landlord vs. tenant maintenance duties.
- Landlord Entry: Although Arkansas has no statutory notice requirement for entry, including a provision (e.g., 24-hour notice) prevents disputes.
Required Disclosures in the Lease
Certain disclosures should be embedded in or attached to the lease:
- Lead-Based Paint Disclosure - for properties built before 1978.
- Landlord/Manager Contact Information - name and address.
- Flood Zone Status - if applicable.
See our Required Disclosures guide for full details.
Prohibited Lease Clauses While
Arkansas does not define as many prohibited clauses as some states, certain provisions are unenforceable:
- Waiver of habitability rights - A lease cannot require a tenant to waive their rights under Act 1052 (for leases entered or renewed after November 1, 2021).
- Waiver of right to terminate - If the landlord fails to comply with habitability standards within 30 days, the tenant has the right to terminate the lease, and this right cannot be waived.
- Exculpatory clauses - Provisions that attempt to relieve the landlord of all liability for injuries or damages caused by the landlord's negligence may be unenforceable.
Lock Changes for Domestic Violence
Under Arkansas law, if a tenant provides documentation of domestic violence, the landlord is required to change or re-key the locks on the rental unit. The cost of this service may be passed to the tenant.
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