Arkansas Statewide Rule
Arkansas Implied Residential Quality Standards (Habitability)
Key Facts
- Effective date
- Leases entered/renewed after Nov 1, 2021
- Required standards
- Water, electricity, sewer/plumbing, roof, HVAC
- Cure period
- 30 calendar days after written notice
- Tenant's sole remedy
- Terminate lease + deposit refund
- Governing statute
- Ark. Code 18-17-502
Summary
Arkansas was long the only state with no implied warranty of habitability. A 2021 law (Ark. Code 18-17-502) now imposes minimum standards for leases entered or renewed after Nov. 1, 2021, but the tenant's sole remedy is to give written notice, allow 30 days to cure, then terminate and recover the deposit.
(a) For all lease agreements or rental agreements entered into or renewed after November 1, 2021, and exclusive of a lease to purchase or a lease with a purchase right and except when temporarily prevented by an act of God, the failure of, or caused by, public utility service, or other force majeure events to include without limitation any epidemic or pandemic that causes work stoppages, labor or material shortages, or required social distancing that impacts the ability to maintain or repair a premises, there shall be implied in all leases and rental agreements for residential purposes a requirement that a dwelling unit or single-family residence have, both at the time possession is delivered to the tenant or tenants named in the lease or rental agreement and throughout the term of the lease or rental agreement: (1) An available source of hot and cold running water; (2) An available source of electricity; (3) A source of potable drinking water; (4) A sanitary sewer system and plumbing that conform to applicable building and housing codes in existence at the time of installation; (5) A functioning roof and building envelope; and (6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement.
Full Breakdown
Until 2021 Arkansas recognized no statewide warranty of habitability. Ark. Code 18-17-502, effective for leases 'entered into or renewed after November 1, 2021,' now requires the landlord to provide hot and cold running water, an available source of electricity, potable drinking water, a sanitary sewer system and conforming plumbing, a functioning roof and building envelope, and a functioning heating and air-conditioning system 'to the extent the heating and air conditioning system served the premises.' The remedy is narrow: a tenant must deliver written notice of noncompliance, and if the landlord does not cure within 'thirty (30) calendar days after receiving the notice,' the tenant's 'sole remedy shall be to terminate the lease... without penalty and receive a refund of any security deposit recoverable.' No rent-withholding or repair-and-deduct right exists.
Violations & Penalties
No specific statutory penalty. The statute creates no fine, no repair-and-deduct, and no rent-withholding right; a tenant's only remedy for an uncured violation is lease termination plus deposit refund under Ark. Code 18-17-502.
Frequently Asked Questions
Does Arkansas have a warranty of habitability?
Can an Arkansas tenant withhold rent for repairs?
How long does an Arkansas landlord have to fix a habitability problem?
Sources
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