HINTs to Use Before You Rent

Renting a place can be complicated and stressful. We have a few HINTs to help make the rental process easier and less stressful. If you use these HINTs, the whole process should benefit you while you are renting.

Habitability

Avoid disputes with your Landlord on repairs that render your home unhabitable before signing the lease.

Arkansas does not have either an explicit or implicit warranty of habitability law, which is a law that does NOT make the landlord maintain the premises in a livable condition. Under these laws, the tenant has a right to move out or withhold rent when there is no heat, water, electricity, or even just safe and sanitary premises. With no warranty of habitability, landlords in Arkansas are only required to make repairs if it is specified in the lease.

The best way for renters in Arkansas to avoid getting stuck in a lease with an unhabitable home is to complete a thorough inspection of the home prior to moving in. Get an agreement in writing attached to the lease on what the Landlord promises to repair and by what date you can expect those repairs. Some landlords will provide an inspection document as part of the lease documents, but if there is not one included you should ask to see the home before signing the lease and make a list of what the Landlord agrees to fix written on the lease for the landlord to sign. If a landlord refuses to do so, then you should not sign the lease and find other housing, as this is a big red flag that could suggest the landlord would not complete repairs on the premises to your satisfaction going forward.

Inspection surprises

Avoid unwanted entry of landlords who claim they need to complete an inspection or show the property to other renters.

Landlords in Arkansas may be allowed to enter their tenant’s home without permission. This can be for reasons, such as inspections of the property or tours for potential renters. Although this is legal under Arkansas laws, the tenant and Landlord can agree to entry notification policies in the lease agreement.

To avoid surprise inspections renters should read the inspection policy in the lease carefully and look for any language that discusses how many days or hours of notice the landlord will give the tenant prior to entering the home. Make sure you are comfortable with the amount of notification you would receive prior to signing the lease. If the lease does not specify any notification for the landlord to enter the home, simply ask the landlord to provide you with the amount of notice you would both be comfortable with and add that notification time to the lease prior to signing. However, if the landlord will not agree to provide a notification policy to the lease, that is a good reason to lease elsewhere or be prepared for unwanted entry by the landlord.

Non-payment of rent and Tenant Eviction

Avoid disputes concerning non-payment of rent leading to eviction, prior to the day rent is due.

Failing to pay rent in Arkansas can lead to an unlawful detainer action filed in court by the landlord to begin the eviction process. The lease agreement will provide how many days of unpaid rent will subject a tenant to the court eviction process. Do not sign a lease where those terms are highly unfavorable and an eviction is processed quickly after a late payment or one month of missing a rent payment when you are experiencing financial hardship.

While there is not always a way to avoid financial hardship, renters can try to avoid these non-payment disputes by staying in communication with the landlord about their financial situation. Before rent is due, let the landlord know that you expect to be late with the full payment and offer partial payments prior to the due date, if possible. Keep the landlord updated with any application processes you have begun for rent assistance like Arkansas Fresh Start and Arkansas Rent Relief Program.  However, if the landlord fails to accept partial payments or rent assistance call the Center for Arkansas Legal Services for help with eviction defense in these cases.

AUTHOR: DAKINI FIELDS, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES