Fort Smith, AR Building Safety: Pest Control (2026)

Arkansas occupies a unique position among U.S. states: under the Arkansas Supreme Court ruling in Propst v. McNeill (1996) and subsequent case law, Arkansas does not recognize an implied warranty of habitability in residential leases. As a result, Arkansas landlords have no automatic legal duty under state law to exterminate rats, roaches, mice, bed bugs, or other pests unless the lease agreement expressly assigns that responsibility. There are two important caveats. (1) Arkansas Act 1063 of 2017 (codified at A.C.A. Section 18-17-901 et seq.) and related landlord-tenant statutes require landlords to disclose known bed bug infestations before leasing, and to provide tenants with education on signs of infestation. (2) Federal habitability standards still apply to HUD-subsidized housing, and FHA / Section 8 leases impose their own pest-control duties. Fort Smith enforces three local backstops. (a) The International Property Maintenance Code (2021 edition adopted by Fort Smith), Section 309 (Pest Elimination) - although less aggressively enforced than in states with a warranty of habitability - makes pest elimination the responsibility of the owner of any structure infested with insects, rats, vermin, or other pests, with the responsibility shifting to the tenant only in single-family rentals where the lease assigns it and only after the unit was delivered free of infestation. In multifamily buildings of two or more dwelling units the owner is responsible for elimination in common areas and any infestation that affects more than one unit. (b) IPMC Section 304.5 and Section 308 require rodent-proofing of exterior openings - gaps over 1/2 inch must be sealed and vent openings must be covered with 1/4-inch corrosion-resistant wire mesh - and approved rodent-proof garbage containers. (c) Chapter 16 of the Fort Smith Code (Nuisances) authorizes Neighborhood Services to abate accumulations of garbage, debris, or other conditions that attract or harbor rodents. Commercial pest applicators in Arkansas must be licensed by the Arkansas Department of Agriculture - State Plant Board under A.C.A. Section 17-37-101 et seq. (Arkansas Pest Control Act).