The landlord/tenant relationship is normally one that benefits both sides. Each party takes care of their responsibilities and everyone is happy. However, there are instances where one party fails to carry out their obligations and when such events occur, it is important to know you rights. The Smith Firm has extensive experience in representing both landlords and tenants. Whether it is an eviction proceeding, property abandonment, failure to make necessary repairs, or any other issue, The Smith Firm is well equipped to handle your legal needs.
Landlords must give you sole possession of the property. However, Arkansas law gives landlords broad rights to enter the property for specific reasons. These reasons include:
Landlords must provide you with quiet enjoyment of the property. This means that the landlord must take reasonable steps to make sure that other tenants to not affect your enjoyment of the property with activities such as loud music, criminal activity, etc.
Landlords cannot lock you out of the property or use self-help to evict you. Changing locks, removing doors, and turning off utilities are prohibited.
Landlords do not have to give you a fit place to live. In Arkansas, tenants rent properties “as is”. This means that the roof can leak, the plumbing doesn’t have to work, and the windows don’t have to open.
Landlords do not have to make any repairs to the home or common areas. Even if your landlord verbally tells you that repairs will be made, you cannot enforce that agreement against them. However, if you have a written lease that requires that the landlord make necessary repairs, then the landlord has to do what the lease says. You should always make sure to read the lease carefully and keep a copy of it for yourself.
Landlords do not have to insure your property against loss. The landlord’s insurance policy will not cover your personal property. A tenant should buy renter’s insurance to protect against fire, theft or vandalism.
Before a tenant rents a property, they should thoroughly inspect the condition of the residence. It is a good practice to take pictures and make notes of anything wrong with the residence before you move in.
A tenant must pay the rent in full on the day it is due. A landlord can evict you for not paying the rent on time. Do not pay the rent in cash unless the landlord gives you a receipt.
A tenant must keep the home clean and in the condition it was in at the time it was rented. Normal wear and tear is permissible and is what happens when the property is used in a reasonable manner. Carpet that is worn from walking is a common example of reasonable use. Stained carpet or burned walls are unreasonable even if it was done by accident and you can be evicted because of it. This can also cause you to lose your security deposit.
A tenant should continue to pay rent even if the landlord fails to make repairs. A tenant can be evicted for not paying rent and the landlord may try to keep your personal property.
A tenant must keep the property reasonably safe and clean. If not, the landlord may choose to enter the home and make repairs at the tenant’s expense.
A tenant should always take their belongings with them. If a tenant leaves anything behind, it will be considered abandoned and the landlord may sell the property or throw it away.
Arkansas State Law permits a landlord to chare no more than 2 months’ rent for a security deposit to cover and missed payments or damages that may occur during the life of the lease. The deposit must be returned within 60 days after the tenant moves out. Tenants can sue landlords in small claims court for the return of the security deposit of up to $5,000.
