Late Rent Fee Limits in Arkansas

At a glance

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.

Some lease forms repeat the storage-unit mistake. A residential addendum that cites § 18-16-411 as a residential cap, or adds a five-day grace period as if the law required one, misstates the official acts: § 18-16-411 governs self-service storage, and Chapter 18-17 sets no residential grace period.

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)