Arkansas Rental Lease Agreements
Download the Arkansas Rental Lease Agreements, which are a collection of contracts created for the use of a landlord (also known as a lessor or property manager) for the renting of a property. The document is legally binding, which serves to protect the landlord in the case that the tenant fails to comply with one or more of the agreement’s conditions – as using a verbal agreement alone can be tough to prove in court. However, the best form of protection a landlord can take in ensuring his or her property is taken care of is by requiring all applicants to complete a rental application.
What is an Arkansas Lease Agreement?
An Arkansas Lease Agreement is used during the renting of a commercial or residential property to a tenant for a specified term and is used to come to an accord regarding the rent price, who pays for what utilities, rent due dates, security deposits, and other factors. In Arkansas, the law regarding how lease agreements are to be constructed and the required provisions within them is titled the “Arkansas Residential Landlord-Tenant Act of 2007” and should be followed when drafting a contract in the state.
State Definition of ‘Rental Agreement’ [§ 18-17-301] – “means all agreements, written or oral, and valid rules adopted under this subchapter embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.”
Types of Agreements
College Roommate Agreement (Dorm Room) – A non-legal document that contains the rules and expectations that the students previously agreed to follow regarding the shared dorm room.
Commercial Lease Agreement – For the renting of properties that will be used for non-residential purposes, namely businesses.
Lease to Own Agreement – A contract that gives the renter the option (not the requirement) to purchase the property at the end of the term for a previously agreed upon price.
Month-t0-Month Lease – The shortest termed lease we offer, this contract has no end date and can be terminated by either the landlord or tenant.
Roommate (Room Rental) Agreement – Lays out the rules for current tenants (or a new tenant) that are living in a single property.
Standard Residential Lease Agreement – The most common type of lease agreement, this contract typically requires tenants to make payments for one (1) year in equal monthly payments.
Sublease Agreement – For tenants locked into a lease, this contract can be used to have a new tenant (called the “subtenant”) to move into the property while paying the monthly rent. Requires permission from the landlord.
Is Subletting Allowed?
The tenant is legally required to get written approval from the landlord to sublease the property. This includes getting written permission regarding the amount of rent that can be charged as well.
When is Rent Due?
Unless it is strictly stated in the agreement, if the term is shorter than one (1) month, rent is due at the start of each term. For all leases longer than one (1) month, rent payments should be due on the first (1st) of the month. For more information, see Arkansas’ § 18-17-401.
Security Deposit Laws
Maximum Security Deposit [§ 18-16-304] – The landlord may only charge a maximum of two (2) months of rent for the security deposit.
Security Deposit Return [§ 18-16-305] – The landlord must return the security deposit within sixty (60) days of the termination of the tenancy. If the landlord wishes to deduct portions of the security deposit to cover missed rent payments or damage to the property, a full list of all deductions must be given to the tenant with each amount clearly stated. If the landlord is unable to deliver the remainder of the security deposit (with considerable effort) within one-hundred eighty (180) days, the landlord can keep the security deposit.
Requirements for Eviction Proceedings [§ 18-17-901] – A landlord can evict a tenant if the following occurs:
- The tenant does not pay rent when due or demanded by the landlord*
- The tenant violates the terms or conditions contained within the agreement
- The lease term has ended
*For residential lease agreements, the landlord can begin the eviction proceedings after five (5) days past the rent’s due date.