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Arkansas Lease Agreement: What You Need to Know

A lease agreement in Arkansas is a binding contract between a landlord and tenant. This guide covers essential rules, requirements, and practical tips for creating or signing a residential lease in the Natural State. Whether you're a landlord or tenant, understanding the basics helps you avoid disputes and stay compliant.

Lease Agreement requirements in Arkansas

  • All Arkansas lease agreements should be in writing if the term is one year or longer, though shorter leases can be oral (but written is always safer).
  • Leases must include the names of all tenants, the rental property address, the lease term, and the rent amount with due dates.
  • Arkansas law allows a landlord to require a security deposit, but it must be returned within 60 days after the lease ends, minus any lawful deductions.
  • In Arkansas, a lease does not need to be notarized to be valid, but notarization can strengthen enforceability in court.
  • If the lease term is for more than one year, it must be in writing to satisfy the statute of frauds.
  • Landlords must provide a copy of the signed lease to the tenant; both parties should keep a copy for records.

How to create a Lease Agreement in Arkansas

  1. Step 1: Obtain a lease template that complies with Arkansas laws, or hire an attorney to draft one.
  2. Step 2: Fill in all required details: property address, landlord and tenant names, rent amount, due date, late fees, utilities, and lease term.
  3. Step 3: Include any house rules or specific terms (e.g., pet policy, smoking) that comply with local ordinances.
  4. Step 4: Review the lease for any illegal clauses (like discriminatory language) and ensure both parties agree.
  5. Step 5: Have both parties sign and date the lease. While not required, consider having a witness or notary sign, especially for long-term leases.
  6. Step 6: Give a signed copy to the tenant and keep one for your records. Conduct a move-in inspection and document the property's condition.

What a Lease Agreement typically costs

The cost to create a lease agreement in Arkansas varies. Downloading a basic lease template from legal websites can cost $0-$50, while hiring an attorney may cost $200-$500 for a customized lease. There are no official state filing fees for a standard lease, but if you need notarization, fees range from $5-$15 per signature.

Download a reliable lease agreement template that meets Arkansas requirements today.

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Arkansas Lease Checklist Before You Start

Before drafting your Arkansas lease agreement, gather essential information and understand state-specific requirements to avoid common pitfalls.

  • Gather each tenant's full legal name, contact info, and Social Security number for screening and the lease.
  • Confirm the property address and legal description, plus the exact rental amount and due date.
  • Decide on lease term (e.g., 12 months) and whether it will renew automatically or expire.
  • Review Arkansas security deposit rules: no statutory limit, but a written list of damages is required at move-out.
  • Verify whether you need an EIN or other ID for filing if you're a business entity (check with the Secretary of State).
  • Have the lease notarized if you want extra enforceability, though not required for residential leases.

Frequently asked questions

Is a verbal lease agreement legal in Arkansas?

Yes, verbal leases are generally legal for terms of one year or less, but it's riskier. A written lease is always recommended for clarity and enforceability, especially if disputes arise.

Does an Arkansas lease need to be notarized?

No, notarization isn't required for a residential lease in Arkansas. However, having the lease notarized can help prove the signatures and validity in court, especially for leases longer than one year.

What is the maximum security deposit in Arkansas?

Arkansas does not have a statutory limit on security deposits. However, it must be stated in the lease, and the landlord must return it within 60 days after the lease ends, minus any lawful deductions.

Are there rent control laws in Arkansas?

No, Arkansas does not have rent control. Landlords can set rental rates freely unless there is a local ordinance, but note that Arkansas prohibited rent control in 2023, so it's prohibited statewide.

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