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Arkansas Lease Agreement Templates (6)

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Arkansas Lease Agreement Templates (6)

Updated November 20, 2023

An Arkansas lease agreement is a contract a landlord may use to rent a property to a qualified tenant. A lease is written after a tenant has shown interest in the property and negotiates with the landlord the terms of an agreement. The landlord will run a credit report and verify their income through their employer or past tax returns. If approved, the landlord will write a lease for both parties to sign. At the time of lease signing, the tenant will be obligated to pay the security deposit and the first month’s rent.

Rental Application – Before the lease is signed, tenants may undergo a credit check and employment/income verification.

Table of Contents

Agreement Types (6)

Standard Lease Agreement– Fixed term of typically 12 months for any type of residential property, including an apartment, condominium, or house.

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Commercial Lease Agreement – Designed for a business or individual seeking to operate from either office, retail, or industrial space.

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Month to Month Lease Agreement – Known as a “tenancy at will.” The occupancy period renews automatically with payment and ends upon at least 30 days written notice (unless the contract states otherwise).

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Rent-to-Own Lease Agreement – A standard template with the option of purchasing within a certain period.

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Room Rental (Roommate) Agreement – Between the members of a home where each rent a bedroom and has shared common areas.

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Sublease Agreement – Allows a tenant to let another individual occupy, and payments may be made payable to either themselves or to the landlord directly.

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Required Disclosures (1)

  1. Lead-Based Paint Disclosure – Required for any housing structure built prior to 1978 as the harmful substance may be in prior layers of paint and pose a danger with any cracking or chipping walls.

Security Deposits

Maximum – The landlord may not charge more than two months’ rent to the tenant.[1]

Collecting Interest – There is no statute requiring landlords to collect interest on the security deposit for the tenant.

Returning – All funds must be returned to the tenant within 60 days. If the landlord cannot find or get in contact with the tenant for up to 180 days after the termination date, then the money becomes the property of the landlord.[2]

  • Itemized List – If deductions are made, the landlord must furnish an itemized list in a written notice when returning the remainder of the deposit.[3]

When is Rent Due?

Grace Period – Rent is due at the time and place agreed upon in the rental agreement.[4] If rent is not paid, the landlord may issue a 3-day notice to quit.

Maximum Late Fee (None) – There is no statute imposing a limit on late fees in Arkansas. The landlord can specify penalties in the lease agreement at their own discretion.

NSF Fee – The landlord may charge up to $30 plus any fees charged by their financial institution for a check paid with insufficient funds.[5]

Withholding Rent – Tenants are not excused from paying rent if the landlord fails to comply with the rental agreement or implied quality standards.[6]

Right to Enter (Landlord)

No state law requires a landlord to give notice to a tenant before entering the premises. Providing a 24-hour notice is highly recommended.

Abandonment

Absence – There is no statutorily defined period of absence after which a property is considered abandoned. The terms of tenant absence and abandonment can be outlined in the lease agreement.

Breaking the Lease – If the tenant chooses to end the lease early, the landlord has a right to lost rent and any additional resulting damages, plus attorney’s fees.[7]

Utility Shutoff – The tenant is required to maintain the dwelling unit in accordance with the health and safety of its occupants, and to reasonably use appliances and facilities including electrical, plumbing, air conditioning, and heating.[8]

Unclaimed Property – Any property left on the premises upon the termination of the lease agreement is considered abandoned, and the landlord may dispose of it without recourse.[9]

Sources

  1. § 18-16-304
  2. § 18-16-305(a)(1)
  3. § 18-16-305(a)(2)
  4. § 18-17-401(b)(1)
  5. § 5-37-307(c)(2)(B)
  6. § 18-17-502(d)(3)
  7. § 18-17-703
  8. § 18-17-601(5)
  9. § 18-16-108(a)