Arkansas: Late Rent Fee Limits
The short answer
Arkansas's Residential Landlord-Tenant Act sets no numeric cap, fee-specific grace period, or daily-versus-once-only rule for an ordinary residential late charge. The rental agreement may include terms not otherwise prohibited, and Arkansas defines both oral and written agreements as rental agreements and includes late charges within "rent." The familiar five-day nonpayment period is an eviction-termination clock, not a late-fee grace period; the separate $30-or-20% cap in § 18-16-411 applies only to self-service storage.
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This is the general rule in Arkansas. Ezel applies current Arkansas law to your specific facts and answers with citations to the statutes.
| Governing law | Ark. Code §§ 18-17-301(10)-(11), 18-17-401, and 18-17-103 — residential rent/agreement definitions, permissible terms, and general enforcement; no residential late-fee-specific section |
|---|---|
| Maximum late fee | No dollar, percentage, or reasonableness cap stated for an ordinary residential late charge in Chapter 18-17 |
| Grace period | None stated for a late fee; the 5-day periods in §§ 18-17-701(b) and 18-17-901(b) concern lease termination and the right to begin eviction |
| Lease or notice requirement | No separate writing or notice precondition stated; a rental agreement may be written or oral (§ 18-17-301(11)) |
| One-time or recurring | Not addressed — no statutory daily, once-per-period, or anti-stacking formula for an ordinary residential late charge |
| Calculated on | Not addressed — Chapter 18-17 gives no percentage or dollar formula; it defines rent to include late charges (§ 18-17-301(10)) |
| Related fees & carve-outs | Late charges are included in the chapter's definition of rent. Section 18-16-411's greater-of $30 or 20% cap is expressly for self-service storage, not a dwelling tenancy |
| If the fee is unlawful | No late-fee-specific voiding rule, multiplier, refund, or attorney-fee remedy stated; § 18-17-103 generally allows appropriate damages and enforcement of rights or obligations the chapter declares |
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Arkansas has no residential late-fee formula
The Arkansas Residential Landlord-Tenant Act does not give an ordinary
dwelling landlord a maximum dollar amount, a percentage ceiling, or a
reasonableness formula for a late charge. Section 18-17-401 instead says the
landlord and tenant may include rental-agreement terms that are not prohibited
by the chapter or another rule of law, including rent and other provisions
governing their rights and obligations.
The definitions matter. Section 18-17-301(10) defines rent as the consideration
for use of the premises, "including late charges," and subsection (11) says a
rental agreement may be written or oral. The chapter therefore supplies no
separate written-lease or late-fee-notice condition, but the agreed terms still
determine whether and how a charge was authorized.
The five-day period is not a late-fee grace period
Arkansas has a five-day nonpayment threshold, but it appears in the landlord-
remedies and eviction provisions. Section 18-17-701(b) lets the landlord
terminate the rental agreement when rent remains unpaid five days after the due
date. Section 18-17-901(b) says that nonpayment for five days constitutes legal
notice that eviction proceedings may begin.
Neither provision says a landlord must wait five days to assess a late charge.
The eviction clock and the late-fee question are separate, so this survey does
not convert that five-day cutoff into a statutory grace period.
What trips people up
The $30-or-20% statute is for storage units. Section 18-16-411 does use the
greater of $30 per month or 20% of monthly rent, but it sits in the self-service-
storage subchapter. Its definitions speak of a "leased space" at a self-service
storage facility, an "operator," and an "occupant." It is not a cap for an
apartment, house, or other dwelling tenancy.
The state CTA repeats the storage-unit mistake. The Arkansas addendum cites
§ 18-16-411 as a residential cap and adds a five-day grace period. The official
acts show why both claims are wrong for this survey, so that template is not
wired to this cell.
No statutory cap does not answer every contract dispute. It means Chapter
18-17 supplies no residential late-fee number, timing rule, or accrual formula.
The rental agreement and any other applicable law still matter to a particular
charge.
Common questions
Must a residential late fee be in a written lease? Chapter 18-17 states no
separate writing requirement, and § 18-17-301(11) defines a rental agreement to
include written or oral agreements. Proving the terms of an oral agreement is a
separate factual issue.
Can a landlord charge the fee every day? The residential chapter does not
say. It supplies neither a daily authorization nor a once-per-period limit.
What special damages apply to an excessive fee? Chapter 18-17 states no
late-fee-specific refund, multiplier, or attorney-fee award. Section 18-17-103
generally makes chapter-declared rights and obligations enforceable and allows
appropriate damages, but it does not create a numeric late-fee limit.
Statutes and sources
- Ark. Code §§ 18-17-301(10)-(11), 18-17-401 — late charges are included in
rent, rental agreements may be oral or written, and permissible agreement
terms include rent and the parties' other rights and obligations."Rent" means the consideration payable for use of the premises including
late charges ... "Rental agreement" means all agreements, written or oral
... A landlord and a tenant may include in a rental agreement terms and
conditions not prohibited by this chapter or other rule of law.
Official source: https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2007%2FPublic%2FACT1004.pdf (accessed 2026-07-20)
- Ark. Code §§ 18-17-701(b), 18-17-901(b) — five days concerns termination
and the right to begin eviction, not assessment of a late fee.
If rent is unpaid when due and the tenant fails to pay rent within five (5)
days from the date due, the landlord may terminate the rental agreement. ...
nonpayment of rent within five days of the date due constitutes legal notice
to the tenant that the landlord has the right to begin eviction proceedings.
Official source: https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2007%2FPublic%2FACT1004.pdf (accessed 2026-07-20)
- Ark. Code § 18-16-411 (self-service storage) — the $30-or-20% rule applies
to an operator and occupant of leased storage space, not a dwelling tenancy.
the operator may impose a late fee on the occupant ... that does not exceed
the greater of: (1) Thirty dollars ($30.00) per month; or (2) Twenty percent
(20%) of the amount of monthly rent.
Official source: https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2013%2FPublic%2FACT364.pdf (accessed 2026-07-20)
- Ark. Code § 18-17-103 — general administration and enforcement of rights
and obligations declared by Chapter 18-17.
The remedies provided by this chapter shall be administered that an
aggrieved party may recover appropriate damages. ... Any right or obligation
declared by this chapter is enforceable by action unless the provision
declaring it specifies a different and limited effect.
Official source: https://arkleg.state.ar.us/Home/FTPDocument?path=%2FACTS%2F2007%2FPublic%2FACT1004.pdf (accessed 2026-07-20)
Source links
Every statute quoted above, linked, with the date we checked it.
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