Is it necessary to have a written lease or rental agreement in Arkansas?
Both oral and written lease agreements are binding, however, it is recommended that the lease be in writing.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
The Arkansas security deposit law applies only to landlords who rent 6 or more dwellings. The deposit cannot be more than 2 months’ rent. When the tenant moves out, the landlord must return the deposit within 30 days. The landlord may deduct any damages made to the dwelling or any outstanding rent due. If any deductions are made, the landlord must provide a written itemized list of the deductions within 30 days of the date the tenant vacates the premises.
When is the landlord allowed to increase the rent?
The landlord must give 1 full rental period’s notice in writing for an oral lease agreement. If the lease is in writing, the rent can only be increased in accordance with the terms of the lease.
How can a lease be terminated?
If there is a written lease, notice must be given in accordance with the provisions of the lease. If the lease agreement is oral, the tenant must give one rental period’s notice, before the next rent is due. For a month-to-month lease, the notice period is 1 month.
In Arkansas, a landlord may give notice of termination FOR ANY REASON. The landlord must give 1 rental period’s notice for an oral lease, or give notice in accordance with the terms of a written lease. The only exception is for non-payment of rent in which case eviction procedures may take place.
Can a tenant sublet the premises?
If a tenant wants to sublet, they must first settle with the landlord and obtain written directions from him or her stating the amount of rent that can be collected.
On what grounds can a landlord evict a tenant?
The most common grounds for eviction are for failure to pay rent or to pay rent on time, for any reason. The landlord must give 10 days written notice to the tenant to vacate the premises. If the tenant fails to do so, the landlord can commence an eviction action in court..
A landlord cannot lock a tenant out, move the tenant’s belongings out, turn off utilities or use any other "self-help" method of eviction or harassment to force a tenant to move out. The landlord must go through the courts and obtain a court order to evict a tenant.
Also, Arkansas law states that upon the voluntary or involuntary termination of any lease, all property left in the dwelling by the tenant will be considered abandoned, and may be disposed of by the landlord as he or she sees fit and without recourse by the tenant. All property left on the premises by the tenant is subject to a lien in favor of the landlord for payment of all sums agreed to be paid by the tenant.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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