Arkansas rules for property managers

Renting, leasing, or collecting rent for others for compensation is broker activity. Act 392 of 2025 created a separate property management broker license covering leasing, showing, rent collection, tenant liaison, and upkeep oversight for owners, plus a property management associate license for those working under one. The commission's initial rules were due by June 1, 2026.

Owners and others listed in § 17-42-104. A salaried or hourly employee of a principal broker, property management broker, or owner may, without a license, deliver and receive applications and leases, accept deposits and rent payable to the broker or owner, show units and help execute preprinted leases under written instructions, and pass along prepared information.

Act 392 adds trust accounts to the required property management curriculum. The commission's trust account rule text was not verified here.

Owners of five or fewer units who manage themselves are exempt from the deposit statute. The exemption does not apply when a third party manages or collects rent for a fee, so property managers must always follow it.

Return the deposit with an itemized written list of deductions for unpaid rent and damages. Mailing it first class to the last known address complies. If the letter comes back and the tenant cannot be found, the money becomes the landlord's after 180 days. Wrongful withholding can expose the landlord to twice the amount withheld.

Arkansas does not require interest on deposits. Licensed brokers who hold deposits for owners must follow Arkansas Real Estate Commission trust account rules.

The code as of 2024 had no late fee limit or grace period. We could not confirm whether 2025 legislation changed this. Put any fee in the lease and keep it reasonable.

Act 459 of 2025 bars cities and counties from regulating rental application fees and deposits. We found no state statute capping the fee itself. Disclose fees in advance and treat applicants the same.

Rent cannot change during a fixed term unless the lease allows it. For month-to-month tenants, give at least 30 days' written notice, which matches the termination notice period.

Since Act 459 of 2025, no county, city, or other local unit may enact or enforce an ordinance controlling rent, application fees, or deposits for private residential or commercial property, except as provided in the state deposit statute (§ 18-16-304). Local governments may still manage property they own. We read the enrolled Act through an archived copy of the legislature's page.

Under the Residential Landlord-Tenant Act, the landlord may terminate if rent is not paid within 5 days of the due date. The civil unlawful detainer statute then requires a 3-day written notice to quit and demand for possession before filing.

The notice must state the breach and that the lease ends at least 14 days after receipt if not fixed. If the tenant fixes it in time, the lease continues. Attorney fees may be recovered for willful noncompliance when the landlord has counsel.

Either side may end a periodic tenancy with written notice that names the termination date.

The 5 days exclude Sundays and legal holidays. If the tenant files no objection, the clerk issues a writ of possession without a hearing. If the tenant objects, the court sets a hearing. Arkansas also has a criminal failure-to-vacate statute (10-day notice) on the books as of 2024; check its current status and local practice before relying on it.

The landlord may dispose of property left in or around the premises after the lease ends, with no set waiting period in the statute. Property on the premises is also subject to a landlord lien for unpaid sums.

Arkansas law does not set entry notice rules. Put entry terms in the lease. Reasonable advance notice, except in emergencies, is good practice.

The unit must have hot and cold running water, electricity, safe drinking water, working sewer and plumbing, a functioning roof and building envelope, and any heating or air conditioning provided at the start. If the landlord does not fix a problem within 30 days after written notice by certified mail, the tenant may end the lease and get the deposit back. Tenants may not withhold or offset rent.

We did not find state-required lease disclosures beyond deposit itemization. Federal lead paint disclosure applies to housing built before 1978.

The Arkansas Fair Housing Act covers race, color, religion, sex, national origin, familial status, and disability. There is no statewide source of income protection.

Creates property management broker and property management associate licenses alongside the real estate broker license, with their own education requirements. Commission rules were due by June 1, 2026.

Local governments may not regulate rent, rental application fees, or rental deposits for private residential or commercial property.

Makes it a crime to knowingly enter and live in a dwelling or other premises without authority. A current tenant, someone with a valid occupancy agreement, or someone with a rent receipt from the last 60 days is not a squatter under the Act.

• Arkansas Office of the Inspector General, Fair Housing (formerly Arkansas Fair Housing Commission)
• Legal Aid of Arkansas