Renting a home or an apartment in Arkansas can be a convenient and affordable option for many people. However, tenants should also be aware of their rights and obligations when it comes to rent increases. In this article, we will explain the main aspects of Arkansas rent increase laws, such as:
How much can a landlord raise the rent by in Arkansas?
When can a landlord raise the rent in Arkansas?
How much notice is needed to raise the rent in Arkansas?
What are the exceptions and limitations to rent increases in Arkansas?
How much can a landlord raise the rent by in Arkansas?
Arkansas does not have rent control laws, which means that landlords can charge any amount of rent they want, as long as they follow the terms of the lease agreement and the state law. There is no limit to how much a landlord can raise the rent by in Arkansas, as long as they give proper notice and do not do so for discriminatory or retaliatory reasons.
When can a landlord raise the rent in Arkansas?
A landlord can raise the rent in Arkansas for any reason, as long as it is not based on the tenant’s race, color, gender, sexual orientation, religion, national origin, familial status, disability, or other protected characteristics. A landlord also cannot raise the rent in retaliation for the tenant exercising their legal rights, such as reporting a lead hazard or requesting repairs.
A landlord cannot raise the rent during the fixed term of a lease agreement, unless the lease allows for it. For example, if the lease is for one year, the landlord cannot increase the rent until the lease expires or is renewed. However, if the lease has a clause that allows for periodic rent adjustments, such as based on inflation or market conditions, the landlord can raise the rent according to the lease terms.
If the lease is month-to-month or week-to-week, the landlord can raise the rent at the end of any rental period, as long as they give sufficient notice.
How much notice is needed to raise the rent in Arkansas?
The amount of notice a landlord needs to give to raise the rent in Arkansas depends on the type and duration of the lease. According to Arkansas law, the notice requirements are as follows:
For a week-to-week lease, the landlord must give at least 7 days’ notice before raising the rent.
For a month-to-month lease, the landlord must give at least one month’s notice before raising the rent.
For a lease longer than one month, the landlord must follow the notice terms specified in the lease agreement, or wait until the lease expires or is renewed.
The notice must be in writing and delivered to the tenant personally or by mail. The notice must state the amount of the rent increase and the date it will take effect.
What are the exceptions and limitations to rent increases in Arkansas?
There are some exceptions and limitations to the general rules of rent increases in Arkansas. These include:
The security deposit law: Arkansas law limits the amount of security deposit a landlord can charge to two months’ rent. This law applies only to landlords who rent six or more dwellings. The landlord must return the security deposit within 60 days after the tenant moves out, minus any deductions for damages or unpaid rent.
The fair housing law: The federal Fair Housing Act and the Arkansas Fair Housing Act prohibit landlords from discriminating against tenants based on their race, color, gender, sexual orientation, religion, national origin, familial status, disability, or other protected characteristics. This means that a landlord cannot raise the rent for a tenant because of their identity or affiliation, or because they have children, a service animal, or a disability.
The retaliation law: Arkansas law prohibits landlords from raising the rent in retaliation for the tenant exercising their legal rights, such as reporting a lead hazard, requesting repairs, or joining a tenant organization. The law does not specify what time period between the tenant action and the rent increase qualifies as retaliation, so landlords should act in good faith when increasing rent.
Conclusion
Renting a home or an apartment in Arkansas can be a great option for many people, but tenants should also be aware of their rights and obligations when it comes to rent increases. Arkansas does not have rent control laws, which means that landlords can raise the rent by any amount, as long as they give proper notice and do not do so for discriminatory or retaliatory reasons. Tenants should read their lease agreements carefully and understand the terms and conditions of rent increases. Tenants should also keep records of their rent payments and any notices they receive from their landlords. If tenants have any questions or concerns about rent increases, they should consult a lawyer or a legal aid organization for advice and assistance.