Arkansas Statewide Rule
Arkansas Rental Fee and Deposit Preemption
Key Facts
- Statute
- Act 459 of 2025
- Application fee cap
- Cannot be set locally
- Deposit cap
- State law only
- Effect
- Preempts cities and counties
Summary
Arkansas Act 459 of 2025 strips cities and counties of authority to regulate rental application fees or security deposit amounts on private residential or commercial property, applying uniformly statewide.
(2) The preemption against rent, rental application fees, and rental deposit control in subdivision (b)(1) of this section applies to all: (A) Landlords; (B) Property owners; (C) Property managers; (D) Tenants; (E) Prospective tenants; and (F) Real estate companies doing business in the State of Arkansas.
Full Breakdown
Act 459 of 2025 amended Arkansas Code 14-54-1409 and 14-16-601 to clarify that local governmental units have no authority to regulate or control the amount charged for a rental application fee or rental deposit on private residential or commercial property. This preemption sits alongside the existing prohibition on local rent control. While municipalities may still operate basic rental registration or inspection programs targeted at health and safety, they cannot use those programs to cap fees, mandate refundability, or limit deposit amounts beyond the statewide two-month cap in the Residential Landlord-Tenant Act. The preemption applies uniformly to every Arkansas municipality and county.
Violations & Penalties
Local ordinances attempting to cap application fees, mandate fee refundability, or limit deposit amounts are invalid. Affected landlords may challenge enforcement under state preemption.
Frequently Asked Questions
Can my city limit how much a landlord charges for an application fee?
Is there any deposit cap in Arkansas?
Sources
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