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2020 Arkansas Code Title 18 – Property Subtitle 2 – Real Property Chapter 16 – Landlord and Tenant

Subchapter 1 – General Provisions

§ 18-16-101. Failure to pay rent — Refusal to vacate upon notice — Penalty

(a) Any person who shall rent any dwelling house or other building or any land situated in the State of Arkansas and who shall refuse or fail to pay the rent therefor when due according to contract shall at once forfeit all right to longer occupy the dwelling house or other building or land.

(b)

1. (1) If, after ten (10) days’ notice in writing shall have been given by the landlord or the landlord’s agent or attorney to the tenant to vacate the dwelling house or other building or land, the tenant shall willfully refuse to vacate and surrender the possession of the premises to the landlord or the landlord’s agent or attorney, the tenant shall be guilty of a misdemeanor.
2. (2)
  1. (A) Upon conviction before any justice of the peace or other court of competent jurisdiction in the county where the premises are situated, the tenant shall be fined in any sum not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00) for each offense.
  2. (B) Each day the tenant shall willfully and unnecessarily hold the dwelling house or other building or land after the expiration of notice to vacate shall constitute a separate offense.

§ 18-16-105. Termination of oral lease of farmlands

The owner of farmlands that are rented or leased under an oral rental or lease agreement may elect not to renew the oral rental or lease agreement for the following calendar year by giving written notice by certified mail to the renter or lessee on or before June 30 that the oral rental or lease agreement will not be renewed for the following calendar year.

§ 18-16-108. Property left on premises after termination of lease

(a) Upon the voluntary or involuntary termination of any lease agreement, all property left in and about the premises by the lessee shall be considered abandoned and may be disposed of by the lessor as the lessor shall see fit without recourse by the lessee.
(b) All property placed on the premises by the tenant or lessee is subject to a lien in favor of the lessor for the payment of all sums agreed to be paid by the lessee.

§ 18-16-110. Landlord’s liability arising from alleged defects or disrepair of premises

No landlord or agent or employee of a landlord shall be liable to a tenant or a tenant’s licensee or invitee for death, personal injury, or property damage proximately caused by any defect or disrepair on the premises absent the landlord’s:

(1) Agreement supported by consideration or assumption by conduct of a duty to undertake an obligation to maintain or repair the leased premises; and
(2) Failure to perform the agreement or assumed duty in a reasonable manner.

§ 18-16-111. Manufactured homes and mobile homes on leased land — Definitions

(a) As used in this section:
1. (1) “Lessee” means the person or persons leasing the property, site, or lot where a manufactured home or mobile home is located;
2. (2) “Lessor” means the owner or manager of the property, site, or lot where a manufactured home or mobile home is located; and
3. (3) “Unoccupied” means that a manufactured home or mobile home has ceased to be a customary place of habitation or abode and no person is living or residing in it.
(b)
1. (1) When a manufactured home or mobile home on a leased site is unoccupied and the lease or rental payment for the leased site where the mobile home or manufactured home is located is sixty (60) days or more past due, the lessor shall notify the lessee and the lienholder, if the lienholder is not the lessee or occupant of the manufactured home or mobile home, that the manufactured home or mobile home is unoccupied and that the lease or rental payment is past due.
2. (2) The notice shall be in writing and delivered by certified mail and shall include the following information if known or readily available to the lessor:
  1. (A) The lessor’s name and mailing address;
  2. (B) The lessee’s name and last known mailing address;
  3. (C) The lienholder’s name and mailing address;
  4. (D) The street address or physical location of the manufactured home or mobile home;
  5. (E) The monthly lease payment amount;
  6. (F) The serial number of the manufactured home or mobile home; and
  7. (G) A description of the manufactured home or mobile home, including the make, model, year, dimensions, and any identification numbers or marks.
3. (3) In the notice required in subdivision (b)(1) of this section, the lessor shall notify the lienholder that unless the manufactured home or mobile home is removed from the leased site within thirty (30) days from the date the lienholder receives the notice, the manufactured home or mobile home shall be subject to a lien in favor of the lessor for the payment of all lease or rental payments accruing from the date the lienholder received the notice.
(c)
1. (1) Unless the lienholder is prevented by law from removing the manufactured home or mobile home, the lienholder has thirty (30) days to remove the manufactured home or mobile home before the lienholder shall be held responsible for lease or rental payments accruing from the date the lienholder received the notice.
2. (2) If the lienholder fails to remove the manufactured home or mobile home within thirty (30) days, the manufactured home or mobile home shall be subject to a lien in favor of the lessor for the payment of all lease or rental payments beginning on the date that the notice is received by the lienholder in an amount equal to the monthly lease or rental payments contained in the notice.
(d) Nothing in this section shall obligate the lienholder for any lease or rental payments owed while the lessee occupied the manufactured home or mobile home or any other lease or rental payments due prior to the notification of the lienholder, as required by subsection (b) of this section.
(e) Nothing in this section shall prevent the lessor from holding the lessee responsible for any unpaid lease or rental payments.

§ 18-16-112. Protection for victims of domestic abuse — Definitions

(a) As used in this section:
1. (1) “Documented incident of domestic abuse” means evidence of domestic abuse contained in an order of a court of competent jurisdiction;
2. (2) “Domestic abuse” means:
  1. (A) The infliction of physical injury or the creation of a reasonable fear that physical injury or harm will be inflicted upon a member of a household by a member or former member of the household; or
  2. (B) The commission of a sex crime or act of stalking upon a member of a household;
3. (3) “Domestic abuse offender” means a person identified in a documented incident of domestic abuse as performing any act of domestic abuse;
4. (4) “Sex crime” includes without limitation:
  1. (A) The following offenses:
    1. (i) Rape, § 5-14-103;
    2. (ii) Sexual indecency with a child, § 5-14-110;
    3. (iii) Sexual assault in the first degree, § 5-14-124;
    4. (iv) Sexual assault in the second degree, § 5-14-125;
    5. (v) Sexual assault in the third degree, § 5-14-126;
    6. (vi) Sexual assault in the fourth degree, § 5-14-127;
    7. (vii) Incest, § 5-26-202;
    8. (viii) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;
    9. (ix) Transportation of minors for prohibited sexual conduct, § 5-27-305;
    10. (x) Employing or consenting to the use of a child in a sexual performance, § 5-27-402;
    11. (xi) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304;
    12. (xii) Producing, directing, or promoting a sexual performance by a child, § 5-27-403;
    13. (xiii) Promoting prostitution in the first degree, § 5-70-104;
    14. (xiv) Indecent exposure, § 5-14-112, if a felony level offense;
    15. (xv) Exposing another person to human immunodeficiency virus when a person who has tested positive for human immunodeficiency virus was ordered by the sentencing court to register as a sex offender, § 5-14-123;
    16. (xvi) Kidnapping pursuant to § 5-11-102(a) when the victim is a minor and the offender is not the parent of the victim;
    17. (xvii) False imprisonment in the first degree and false imprisonment in the second degree, §§ 5-11-103 and 5-11-104, when the victim is a minor and the offender is not the parent of the victim;
    18. (xviii) Permitting abuse of a minor pursuant to § 5-27-221;
    19. (xix) Computer child pornography, § 5-27-603;
    20. (xx) Computer exploitation of a child, § 5-27-605;
    21. (xxi) Permanent detention or restraint when the offender is not the parent of the victim, § 5-11-106; and
    22. (xxii) Distributing, possessing, or viewing matter depicting sexually explicit conduct involving a child, § 5-27-602;
  2. (B) An attempt, solicitation, or conspiracy to commit any offense enumerated in subdivision (a)(4)(A) of this section; and
  3. (C) An adjudication of guilt for an offense of the law of another state, for a federal offense, for a tribal court offense, or for a military offense:
    1. (i) That is similar to any offense enumerated in subdivision (a)(4)(A) of this section; or
    2. (ii) When that adjudication of guilt requires registration under another state’s sex offender registration laws;
5. (5) “Stalking” means following or loitering near a person with the purpose of annoying, harassing, or committing an assault or battery against the person; and
6. (6) “Victim of domestic abuse” means a person or a member of the person’s household who is identified in a documented incident of domestic abuse within:
  1. (A) The immediately preceding sixty (60) days; or
  2. (B) Sixty (60) days of the termination of a residential tenancy by the person, a member of the person’s household, or landlord because of domestic abuse.
(b) If a residential tenant, an applicant for a residential tenancy, or a member of the tenant or applicant’s household is a victim of domestic abuse as evidenced by a documented incident of domestic abuse:
1. (1) With respect to the victim of domestic abuse, a landlord shall not terminate or fail to renew a residential tenancy, refuse to enter into a residential tenancy, or otherwise retaliate in the leasing of a residence because of the domestic abuse; and
2. (2)
  1. (A) At the residential tenant’s expense and with the landlord’s prior consent, a landlord or a residential tenant other than a domestic abuse offender may change the locks to the residential tenant’s residence.
  2. (B) The landlord or residential tenant shall furnish the other a copy of the new key to the residential tenant’s residence immediately after changing the locks or as soon after changing the locks as possible if either the landlord or residential tenant is unavailable.
(c) Notwithstanding a conflicting provision in a domestic abuse offender’s residential tenancy agreement, if a domestic abuse offender is under a court order to stay away from a co-tenant residing in the domestic abuser’s offender’s residence or the co-tenant’s residence:
1. (1) The domestic abuse offender under the court order may access either residence only to the extent permitted by the court order or another court order;
2. (2) A landlord may refuse access by a domestic abuse offender to the residence of a victim of domestic abuse unless the domestic offender is permitted access by court order; and
3. (3) A landlord may pursue all available legal remedies against the domestic abuse offender, including without limitation an action:
  1. (A) To terminate the residential tenancy agreement of the domestic abuse offender;
  2. (B) To evict the domestic abuse offender whether or not a residential tenancy agreement between the landlord and domestic abuse offender exists; and
  3. (C) For damages against the domestic abuse offender:
    1. (i) For any unpaid rent owed by the domestic abuse offender; and
    2. (ii) Resulting from a documented incident of domestic abuse.
(d) A landlord is entitled to a court order terminating the residential tenancy agreement of a person or evicting a person, or both, under subdivision (c)(3)(A) or (c)(3)(B) of this section upon proof that the person is a domestic abuse offender under this section.
(e) A landlord is immune from civil liability if the landlord in good faith:
1. (1) Changes the locks under subdivision (b)(2) of this section; or
2. (2) Acts in accordance with a court order under subsection (c) of this section.
(f) A residential tenant may not waive in a residential tenancy the residential tenant’s right to request law enforcement assistance or other emergency assistance.

§ 18-16-113. Hunting and fishing rights — Leased farmland

(a)
1. (1) A tenant of leased or rented farmland shall have no right to hunt or fish or grant the right to hunt or fish on the farmland that he or she leases or rents unless the right to hunt or fish or to grant the right to hunt or fish is expressly granted in writing by the owner of the farmland.
2. (2) The right to hunt or fish or to grant the right to hunt or fish on farmland shall reside solely with the owner of the farmland.
(b) The farmland owner’s right to hunt or fish on his or her farmland includes without limitation the right to:
1. (1) Travel by foot or by any type of vehicle or boat, and by any means on, over, across, and through the farmland, and by any roads, waterways, ditches, levies, rights of way, or easements on or appurtenant to the farmland;
2. (2) Move, remove, use, pump, or impound water on, upon, and about the farmland;
3. (3) Erect, maintain, and operate permanent or temporary structures, facilities, utilities, pumping systems, blinds, docks, decks, and other similar structures and facilities on the farmland; and
4. (4) Grant other persons, natural or artificial, the right, concurrently or exclusively, to engage in and undertake any manner or means of hunting or fishing on, upon, and about the farmland that is leased or rented, whether orally or in writing, and to exercise any and all of the foregoing rights attendant thereto

Subchapter 2 – Actions Against Tenants

§§ 18-16-201 — 18-16-205. [repealed.]

Subchapter 3 – Security Deposits

§ 18-16-301. Definitions

As used in this subchapter:

(1) “Dwelling unit” means a structure or the part of the structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household;
(2) “Landlord” means the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part;
(3) “Owner” means one (1) or more persons, jointly or severally, in whom is vested:
1. (A) All or part of the legal title to property; or
2. (B) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term includes a mortgagor in possession;
(4) “Person” means any individual, firm, partnership, corporation, association, or other organization;
(5) “Premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant;
(6) “Rent” means all payments to be made to the landlord under the rental agreement;
(7) “Rental agreement” means all written or oral agreements and valid rules embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; and
(8) “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

§ 18-16-302. Transferee, etc., bound

The transferee, assignee, or other holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this subchapter.

§ 18-16-303. Exemptions

(a) This subchapter shall not apply to dwelling units owned by an individual, if the individual, his or her spouse and minor children, and any and all partnerships, corporations, or other legal entities formed for the purpose of renting dwelling units and of which they are officers, owners, or majority shareholders own, or collectively own, five (5) or fewer dwelling units.
(b) This exemption does not apply to units for which management, including rent collection, is performed by third persons for a fee.

§ 18-16-304. Maximum amount

A landlord may not demand or receive a security deposit, however denominated, in an amount or value in excess of two (2) months periodic rent.

§ 18-16-305. Refund required — Exceptions

(a)

(1) Within sixty (60) days of termination of the tenancy, property or money held by the landlord as security shall be returned to the tenant.
(2) However, the money may be applied to the payment of accrued unpaid rent and any damages which the landlord has suffered by reason of the tenant’s noncompliance with the rental agreement, all as itemized by the landlord in a written notice delivered to the tenant, together with the remainder of the amount due sixty (60) days after termination of the tenancy and delivery of possession by the tenant.

(b)

(1) The landlord shall be deemed to have complied with subsection (a) of this section by mailing via first class mail the written notice and any payment required to the last known address of the tenant.

(2) If the letter containing the payment is returned to the landlord and if the landlord is unable to locate the tenant after reasonable effort, then the payment shall become the property of the landlord one hundred eighty (180) days from the date the payment was mailed.

§ 18-16-306. Remedies

(a)
1. (1) If the landlord fails to comply with this subchapter, the tenant may recover:
  1. (A) The property and money due him or her;
  2. (B) Damages in an amount equal to two (2) times the amount wrongfully withheld;
  3. (C) Costs; and
  4. (D) Reasonable attorney’s fees.
2. (2) However, the landlord shall be liable only for costs and the sum erroneously withheld if the landlord shows by the preponderance of the evidence that his or her noncompliance:
  1. (A) Resulted from an error which occurred despite the existence of procedures reasonably designed to avoid such errors; or
  2. (B) Was based on a good faith dispute as to the amount due.
(b) This section does not preclude the landlord or tenant from any other relief to which either may be lawfully entitled.

Subchapter 5 – Tenant Liability – Eviction

§ 18-16-501. Common Nuisance – Criminal Offense

Any tenant who uses or allows another person to use the tenant’s leased premises as a common nuisance as defined by § 5-74-109(b) or § 16-105-402 or for a criminal offense as identified in § 18-16-502 may be evicted by the prosecuting attorney of the county, the city attorney of the city, the landlord, the premises owner, or the agent for the premises owner pursuant to the provisions of this subchapter.

§ 18-16-502. Gambling – Prostitution – Alcohol

For purposes of this subchapter, any tenant who engages in or allows another person to engage in illegal gambling under § 5-66-107, prostitution as defined by § 5-70-102, or the unlawful sale of alcohol as defined by § 3-3-205 on the tenant’s leased premises shall be subject to the eviction procedures established by this subchapter.

§ 18-16-503. Complaint – Jurisdiction – Definition

(a) The prosecuting attorney of the county, the city attorney of the city, the landlord, the premises owner, or the agent for the premises owner may file a complaint in the office of the clerk of the court for the eviction of any tenant who has used or has allowed another person to use the tenant’s leased premises for use as a common nuisance as defined by § 5-74-109(b) or § 16-105-402 or for a criminal offense as identified in § 18-16-502.

(b) A civil action under this subchapter is cognizable before the:

(1) Circuit court of any county in which an act described in § 18-16-501 or § 18-16-502 is committed; and

(2) District court with jurisdiction concurrent with the jurisdiction of the circuit court if permitted by rule or order of the Supreme Court.

(1) A circuit court; and

(2) If permitted by rule or order of the Supreme Court, a district court.

§ 18-16-504. Form of Complaint

A complaint filed under this subchapter shall state the name of the tenant or tenants to be evicted, the location of the leased premises, and the basis for which eviction is authorized under this subchapter.

§ 18-16-505. Summons – Notice

Upon the filing of a complaint under this subchapter, the clerk of the court shall issue a summons upon the complaint. The summons shall be in customary form directed to the sheriff of the county where the complaint is filed, with direction for service of the complaint on the named defendants. In addition, the court shall issue and direct the sheriff to serve upon the named defendants a notice in the following form:

Criminal Eviction Notice

§ 18-16-506. Written Objection

(a) If within five (5) days, excluding Sundays and legal holidays, following service of this summons, complaint, and notice seeking a writ of possession against the defendants named in the complaint the defendant or defendants have not filed a written objection to the claim for a writ of possession made by the plaintiff in his or her complaint, the clerk of the court shall immediately issue a writ of possession directed to the sheriff of the county or the police chief of the city commanding him or her to cause the defendant or defendants to vacate the property described in the complaint without delay, which the sheriff or police chief shall execute in the manner described in § 18-16-507.

(b)

(1) If a written objection to the claim of the plaintiff for a writ of possession is filed by the defendant or defendants within five (5) days after the date of service of the notice, summons, and complaint as provided for in this section, the plaintiff shall obtain a date for the hearing of the plaintiff’s demand for a writ of possession of the property described in the complaint after the defendant or defendants have timely answered the complaint.

(2)

(A) If a hearing described in subdivision (b)(1) of this section is required, at the hearing the plaintiff shall present evidence sufficient to make a prima facie case of the criminal activity that has been facilitated at the property described in the complaint.

(B) The defendant or defendants shall be entitled to present evidence in rebuttal of the plaintiff’s case.

(3) If the court decides upon all the evidence that the plaintiff is entitled to a writ of possession under state law, then the court shall order the clerk of the court to immediately issue a writ of possession to the sheriff of the county or the police chief of the city to evict the defendant or defendants, as provided for in § 18-16-507.

§ 18-16-507. Writ of Possession – Definition

(a) Upon receipt of a writ of possession from the clerk of the court, the sheriff or police chief shall immediately proceed to execute the writ of possession in the specific manner described in this section and, if necessary, ultimately by ejecting from the property described in the writ of possession the defendant or defendants and any other person or persons who have unlawfully received or entered into the possession of the property after the issuance of the writ of possession, and then notify the plaintiff that the property has been vacated by the defendant or defendants.

(b)

(1) Upon receipt of the writ of possession, the sheriff or police chief shall notify the defendant or defendants of the issuance of the writ of possession by delivering a copy of the writ of possession to the defendant or defendants or to any person authorized to receive summons in civil cases and in like manner.

(2) If within eight (8) hours after receipt of the writ of possession the sheriff or police chief does not find any such defendant as stated in the complaint at his or her normal place of residence, the sheriff or police chief may serve the writ of possession by placing a copy conspicuously upon the front door or other structure of the property described in the complaint, which shall have like effect as if delivered in person pursuant to the terms of the writ of possession.

(c)

(1)

(A) If at the expiration of twenty-four (24) hours after the service of the writ of possession in the manner indicated the defendant or defendants remain in possession of the property, the sheriff or police chief shall notify the plaintiff or the plaintiff’s attorney of that fact and may employ, may engage, and shall be provided with all labor and assistance required by the sheriff or police chief to obtain possession and remove the possessions and belongings of the defendant or defendants from the affected property to a place of storage in a public warehouse or in some other reasonable safe place of storage under the control of the plaintiff.

(B)

(i) The defendant or defendants may recover the property stored under subdivision (c)(1)(A) of this section within seven (7) business days.

(ii) Before recovering the property, the defendant or defendants shall pay for the reasonable cost of storage.

(2) If the defendant or defendants do not recover the property as provided in subdivision (c)(1) of this section, then the court shall order the possessions and belongings of the defendant or defendants sold by the plaintiff in a commercially reasonable manner with the proceeds of the sale applied first to the cost of storage, second to any monetary judgment in favor of the plaintiff, and third to the defendant any excess.

(d) In executing the writ of possession, the sheriff or police chief may forcibly remove all locks or other barriers erected to prevent entry upon the premises in any manner which he or she deems appropriate or convenient and, if necessary, physically restrain the defendant or defendants from interfering with the removal of a defendant’s property and possessions from the property described in the writ of possession.

(e) If the plaintiff is the city attorney or prosecuting attorney, no bond shall be required. If the plaintiff is the landlord or premises owner, no bond shall be required unless ordered by the court as a condition to the execution of a writ of possession granted prior to the date that an answer is to be filed by the defendant or defendants.

(f) The sheriff or police chief shall return the writ of possession at or before the return date of the writ of possession and shall state in his or her return the manner in which he or she executed the writ of possession and whether or not the defendant or defendants have been ejected from the property described and, if not, the reason for the failure of the sheriff or police chief to do so.

(g) As used in this section, “sheriff or police chief” includes a deputy sheriff, police officer, or other law enforcement official acting at the direction of the sheriff or police chief.

§ 18-16-508. Costs and Attorney’s Fees – Damages

(a)

(1) A court granting relief under this subchapter may order in addition to any other costs provided by law the payment by the defendant or defendants to the plaintiff reasonable attorney’s fees and the costs of the action. In such cases, multiple defendants are jointly and severally liable for any payment so ordered.

(2) Any costs or attorney’s fees collected from the defendants shall be remitted to the plaintiff. If the plaintiff is the city attorney, the costs shall be remitted to the city general fund. If the plaintiff is the prosecuting attorney, the costs shall be remitted to the county general fund.

(b) A proceeding brought under this subchapter for eviction of the defendants and occupants of the premises does not preclude the owner or landlord from recovering monetary damages for rent, repairs, or any other incidental damages up to the date of eviction of the defendants and occupants from the premises in a civil action.

§ 18-16-509. Immunity From Civil Liability

For any action or threatened action taken to enforce a right or remedy provided by this subchapter, a landlord, a premises owner, an agent or attorney for the premises owner, and a real estate licensee as defined in § 17-42-103 are immune from civil liability for the breach of an express or implied covenant concerning the possession or quiet enjoyment of the leased premises.

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