Arkansas Lease Agreements Explained
A comprehensive guide to a tenancy relationship in Arkansas is not complete without an introduction to lease agreements. The Arkansas lease agreement forms are written to render the landlord-tenant relationship as seamless and mutual as posssible. Whether you are a new landlord or one who is used to renting out your property in Arkansas, you will understand the insatiable need for a written lease. This is important because a lease agreement protects both parties with regard to obligations and responsibilities entailing tenancy. A written lease agreement form considerably reduces guesswork and subseqeunt conflicts by providing insight into the terms of occupancy, from the rent amount, duration of occupancy, payment schedule, as well as the rights of both tenants and landlords. This is because a lease agreement is binding, legally enforceable, and it cannot be changed without the consent of relevant parties. Hence, both landlords and tenants are advised to invest the time and skill to ensure that all clauses and provisions are included in their lease agreement form in order to limit future disputes. Another reason why Arkansas lease agreements forms are important is because they protect the rights of both landlords and tenants . For instance, they advise landowners (lessors) on what is legal and on the boundaries of lawful actions. For tenants, a written agreement fosters good expectations once all parties have signed to it. They will know exactly what is expected of them on the one hand, and what they can expect of the landlord in return. Tenants will also understand their legal rights, including what to do when a dispute arises, and the procedure for terminating the agreement. The fact that a lease agreement form is legally enforceable makes it crucial for both landlord and tenatns to ensure that every necessary clause is included. For instance, Arkansas law stipulates the type and extent of requirements necessary before a lease agreement can be enforced against a tenant. These requirements include the obligation for a lease agreement to be in writing (except if it is an unwritten lease), to be signed by the landlord, and to contain signatures or other indications of agreement of other persons with rights in the property. This is why it is so essential that tenants and landlords have a good understanding of the types of lease agreement forms, and to get help from professionals and related organizations when necessary.
Lease Agreement Forms: What You Must Include
Understanding the essential requirements for lease agreements is critical for landlords, tenants, and real estate professionals in Arkansas. Lease agreement forms act as a blueprint for the relationship with its details subject to the law and the negotiation process. Filling in the blanks in the form is not the only thing that needs to be done to create a legally binding lease. Although attorneys are not essential for drafting simple lease contract terms, parties can make mistakes and cause problems for themselves without legal assistance.
There are several critical elements to all Arkansas lease agreement forms. The parties must be identified as lessor (who is sometimes referred to as a landlord) and lessee (also called tenant). A provision for consideration is also a must. In this context, consideration is the money which will be paid for the right to occupy the rental property. Other critical components of a lease include the description of the premises (in other words, your home where you will live) the lease term (such as for one year or month to month). Depending on local laws, there may be additional language or terminology required as a matter of local law (such as lead hazard language).
Getting the Correct Lease Agreement Form for Arkansas
The Arkansas Residential Landlord Tenant Act provides specific requirements for lease agreements in the state. All residential lease agreements must include the name and address of the current owner of the property (or their agent) as well as a statement informing the tenant of the conditions for return of the security deposit. A change of ownership must be reported within 30 days.
The Arkansas Constitution section 18-16-101 states that landlords do not have the right to enact a "retaliatory eviction" – an eviction commenced in retaliation for actions taken by a tenant, such as reporting conditions of the rental property to a government agency. Similarly, Arkansas law protects tenants from evictions less than six months after rent was last paid if the reasoning behind the eviction is the fact that rent hasn’t been paid.
Common Residential Lease Agreement Types in Arkansas
Understanding the different types of lease agreements used in Arkansas is essential for landlords and tenants alike. This section will explore the most common forms of lease agreements, as well as their typical applications.
Residential leases are the most common type of lease agreement among Arkansas landlords and the type of lease that most people are familiar with. Standard residential leases typically involve an agreement between a landlord and a tenant for living space for one year or more. The Arkansas Uniform Residential Landlord and Tenant Act regulates most residential leases in the state, so it’s important to include all of the clauses and provisions specified in this Act to avoid future legal disputes. Most landlords and real estate attorneys in Arkansas have standardized lease agreement clauses that can be tailored to meet the specific needs of landlords and tenants.
For those who wish to avoid the commitment of a one-year lease, month-to-month leases are a common option. Month-to-month leases allow for more flexibility for both landlords and tenants. Typically, these leases require only 30 days’ written notice from either party to terminate the lease. Although this application is advantageous when either party is uncertain of future plans, these leases don’t carry the same tenant protections afforded under the Arkansas Uniform Residential Landlord and Tenant Act. Consequently, a month-to-month tenant may not be eligible for the following: Overall, a month-to-month lease may increase a landlord’s costs for advertising and re-leasing due to the greater need for frequent lease termination and negotiation.
When a property is rented for less than a year, but less frequently than month-to-month, week-to-week leases may be applicable. These leases are often associated with short-term rentals or vacation properties where there is minimal expected use. Week-to-week leases are generally subject to the same laws as month-to-month leases, benefiting from built-in flexibility for the landlord and tenant to terminate the lease. However, like a month-to-month lease, a week-to-week lease that falls under the Arkansas Uniform Residential Landlord and Tenant Act does not entitle the tenant to the same protections found in a standard lease agreement.
A specific form of lease agreement exists for commercial space in Arkansas. Commercial leases typically involve a more complex leasing arrangement, including the possibility of leasing out office space, retail space, or other non-residential property for companies with ongoing needs. A commercial lease often covers the costs of utilities and property taxes borne by the landlord, i.e. they are not passed on to the tenant. In addition, because the commercial lease is negotiated between the two parties directly, the Arkansas Uniform Residential Landlord and Tenant Act doesn’t apply. Nevertheless, a commercial landlord is advised to employ a quality Arkansas lease agreement template to cover all appropriate rights and obligations of both parties.
How to Get Arkansas Lease Agreement Forms and Usage
There are several legal websites that help locate your desired lease agreements or forms. Also, most websites with Arkansas lease agreements on them provide a "sample lease agreement". This is designed to show you what the lease will look like, but is not automatically a legally binding document. However, once you fill out the sample, have the tenant sign it, and then sign it yourself , it is legally binding.
There are many websites for good tenant screening services. These tenant screening services typically provide a wide range of Arkansas lease agreement forms, such as Roommate Rental Agreement, Guaranty of Lease, Sublessor Agreement, Pet Owner Rental Agreement, and Tenant Background Screening Consent.
However, there are many websites out there that will provide you with residential lease forms. You simply check off the boxes that apply to you and your rental unit, and the website drafts the lease for you.
Avoiding Legal Issues with Arkansas Lease Agreement Forms
One of the most common mistakes made by individuals when drafting and formulating a lease agreement for deposit in Arkansas is the failure to put such document in written form. In the event that such document is not put in written form by the parties, they will be deemed to have formed an oral lease. In such a case, it is important to keep in mind that forms of tenancy such as month to month or tenancy for more than one year are not permitted under an oral lease. Therefore, they will be subject to the terms that apply to a tenancy at will, which is defined as a term at which the tenant possesses the land with the consent of the landlord, until the expiration of some given notice and which may only be terminated in accordance with one month’s notice.
The second area in which tenants and landlords are likely to run into issues is in the drafting of a rent receipt. It is important to require the landlord to prepare a rent receipt because the tenancy will be presumed to be month to month in the absence of a written contract and full payment of rent. The third area of concern to be mindful of is the execution of the lease. Many people do not sign a lease giving power of attorney to an agent, even though this confers the authority upon the agent to receive payments from the tenant and bring legal action in the event the tenant fails to pay the rent.
Arkansas Rental Agreement Forms and Their Amendments and Terminations
Lease amendments are essentially contracts, so like all contracts, they’re subject to the general rules governing contract formation. The contracted-for change must be sufficiently definite and be supported by consideration in order to be enforceable. A lease termination agreement must be in writing if it’s for a property that’s governed by the Statute of Frauds. Ark Code Ann. § 4-2-201 – 205.
When your lease is due to expire, you and your lessor can agree in writing to renew or extend. You can also agree to modify a covenant. For example, if you and your lessor agreed that you could sublet the property, but now want to change the parties’ rights, that agreement can be made in writing and is enforceable.
Both parties should keep signed copies of the leased premises, especially if the lease has language stating that no modification can take place without a written agreement signed by both parties. This type of clause is common in landlord and tenant agreements. A contract that requires a signature from all parties (i.e., a lease) can’t be modified without all parties’ signatures on a new contract, which presumably will be an amendment to the original lease. Ark. Code Ann. § 4-2-208. However, this doesn’t convert a verbal statement into an amendment. For a lease, words-from-the-mouth-with-an-intent-to-bind-and-a-follow-up-handshake-to-make-it-official aren’t enough to form a binding contract, and won’t (and shouldn’t) bind the lessor to any verbal statements you may have heard.
But remember that if you break your lease, you risk being liable for damages. Ark Code Ann. § 4-2-711. So make sure you’re in full compliance with the terms, and understand your obligations before terminating.
Questions & Answers Regarding Arkansas Lease Agreement Forms
What if the lease agreement doesn’t have a signature or isn’t written?
An oral agreement is just as binding as a written one in Arkansas, so long as there is a mutual agreement between the parties on the terms and conditions of the rental agreement.
Can I add terms to my lease agreement after it has been signed?
Once a lease agreement is signed, it is legally binding and neither party can change the terms without the written consent of the other party. Both the landlord and the tenant must sign off on the change in terms.
My landlord raised my rent. Can he legally do this?
When you signed the lease agreement, it should have specifically stated the rent amount and payment schedule. However, some long-term rental agreements allow the landlord to raise the rent annually. Even in a situation where the annual increase clause was included, the landlord will usually have to give at least 30 days notice before raising the rent on a month-to-month rental agreement.
If my landlord refuses to make a necessary repair to the property, can I deduct the cost of the repair from my rent payment?
A tenant in Arkansas is not allowed to withhold rent payments due to lack of repair or maintenance to the property unless there is a provision in the lease agreement allowing this action or an exterior court ruling authorizing such action. In this instance , a tenant is able to withhold rent until the issue is resolved.
What happens if I need to terminate my lease before the end of the rental agreement?
A standard lease agreement in Arkansas is legally binding until the specified termination date listed in the rental agreement. Unless a mutual agreement is reached between the tenant and the landlord to agree to the termination of the rental agreement, both parties are obligated to maintain the terms of the rental agreement until the end of the specified term.
Can my landlord enter my apartment without giving me notice?
Under Arkansas law, the landlord has the legal right to enter the property without giving notice when there is an emergency inside the home. In all other instances where the landlord needs to enter the home, he must give the tenant 24 hours notice, either in writing or verbally. This includes access to inspect the property, make necessary repairs to the property, make improvements to the property, show the property to prospective tenants, or conduct an extermination on the property.