RESIDENTIAL LEASE AGREEMENT

(State of Arkansas)

[// GUIDANCE: This template is designed for use with residential rental property located in Arkansas and incorporates the Arkansas Residential Landlord–Tenant Act of 2007 as well as Arkansas’ security-deposit and eviction statutes. Customize all bracketed items before execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Lease of Premises and Term
   3.2 Rent; Additional Rent; Late Charges
   3.3 Security Deposit
   3.4 Use and Occupancy; Compliance With Law
   3.5 Utilities and Services
   3.6 Maintenance, Repairs, and Habitability Standards
   3.7 Alterations; Improvements
   3.8 Entry and Inspection Rights
   3.9 Assignment and Subletting
4. Representations and Warranties
5. Covenants and Restrictions
6. Default and Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

This Residential Lease Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• [LANDLORD LEGAL NAME], a [TYPE OF ENTITY / INDIVIDUAL] (“Landlord”), whose notice address is [LANDLORD ADDRESS]; and

• [TENANT LEGAL NAME(S)] (“Tenant”), whose notice address is [TENANT CURRENT ADDRESS].

Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Premises (as defined below) on the terms and conditions set forth herein, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged.

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Any term used in the singular includes the plural and vice-versa as the context may require.

“Applicable Law” means collectively (i) the Arkansas Residential Landlord–Tenant Act of 2007, Ark. Code Ann. §§ 18-17-101 et seq., (ii) Arkansas security-deposit statutes, Ark. Code Ann. §§ 18-16-301 et seq., (iii) all building, housing, health, fire-safety, and zoning codes applicable to the Premises, and (iv) any other federal, state, or local law, regulation, or ordinance governing residential tenancies in Arkansas.

“Building” means the structure(s) located on the Land described in the Recitals, inclusive of all common areas and appurtenances, but excluding the Premises unless expressly provided.

“Commencement Date” means [COMMENCEMENT DATE].

“Event of Default” has the meaning set forth in Section 6.1.

“Expiration Date” means [EXPIRATION DATE], unless extended or sooner terminated pursuant to this Agreement.

“Essential Services” means heat, running water, hot water, electricity, and any other service required to comply with Applicable Law or expressly provided under this Agreement.

“Permitted Use” means residential dwelling purposes only, subject to Section 3.4.

“Premises” means the residential dwelling unit located at [PROPERTY ADDRESS / UNIT NUMBER], together with all fixtures, access rights, and appurtenant easements intended for Tenant’s exclusive use.

“Rent” has the meaning set forth in Section 3.2(a).

“Security Deposit” has the meaning set forth in Section 3.3.

3. OPERATIVE PROVISIONS

3.1 Lease of Premises and Term

(a) Lease. Landlord hereby leases the Premises to Tenant, and Tenant hereby accepts such lease, for the Term (defined below) and on the terms and conditions herein.
(b) Term. The term of this Agreement (the “Term”) begins on the Commencement Date and ends at 11:59 p.m. local Arkansas time on the Expiration Date, unless earlier terminated as provided herein.
(c) Holding Over. Any occupancy after the Expiration Date without a written renewal shall create a month-to-month tenancy subject to all provisions of this Agreement except that Rent shall increase to [HOLDOVER RENT = NOT LESS THAN 125% OF LAST MONTH’S RENT] per month.

3.2 Rent; Additional Rent; Late Charges

(a) Base Rent. Tenant shall pay to Landlord monthly base rent in the amount of $[BASE RENT] (“Rent”) in advance on or before the first (1st) calendar day of each month.
(b) Form of Payment. Rent shall be paid by [ACCEPTABLE PAYMENT METHODS], at the address stated for Landlord or such other place as Landlord designates in writing.
(c) Late Charge. Any Rent not received by 5:00 p.m. on the [] day after the due date is delinquent and subject to a late charge of $[LATE CHARGE AMOUNT] plus interest at []% per annum thereafter, not to exceed limits under Applicable Law.
(d) Returned Checks. Tenant shall pay a fee of $[NSF FEE] for any dishonored payment, plus any bank charges incurred by Landlord, as Additional Rent.
(e) Additional Rent. All sums other than Base Rent required to be paid by Tenant under this Agreement, including utility reimbursement, late charges, and damages, shall constitute “Additional Rent” collectible as though part of Rent.

3.3 Security Deposit

(a) Amount; Payment. Concurrently with Tenant’s execution of this Agreement, Tenant shall deposit with Landlord the sum of $[SECURITY DEPOSIT AMOUNT] (not to exceed two (2) months’ Rent in compliance with Ark. Code Ann. § 18-16-303) as security for Tenant’s performance (the “Security Deposit”).
(b) Use and Return. Landlord may apply the Security Deposit, in whole or in part, to cure any Event of Default or to repair damage to the Premises beyond ordinary wear. Within sixty (60) days after Tenant surrenders possession and provides a forwarding address, Landlord shall return any remaining balance with an itemized list of deductions as required by Ark. Code Ann. § 18-16-305.
(c) Interest. Unless otherwise required by Applicable Law, the Security Deposit shall bear no interest.

3.4 Use and Occupancy; Compliance With Law

(a) Permitted Use. Tenant shall use the Premises solely for residential purposes by no more than [MAX OCCUPANTS] lawful occupant(s).
(b) Nuisance and Illegal Activity. Tenant shall not create or permit any nuisance, waste, or unlawful activity, including without limitation any activity that would violate Ark. Code Ann. § 18-17-501.
(c) Compliance. Tenant shall comply, and shall cause Tenant’s invitees to comply, with all Applicable Law and with any reasonable rules and regulations promulgated by Landlord and delivered to Tenant.

3.5 Utilities and Services

Unless otherwise provided below, Tenant shall directly contract and pay for all utilities serving the Premises, including without limitation electricity, gas, water, sewer, trash removal, telephone, internet, and cable. Landlord shall be responsible for [LIST LANDLORD-PAID UTILITIES, IF ANY], the cost of which is included in Rent.

3.6 Maintenance, Repairs, and Habitability Standards

(a) Landlord Obligations. Notwithstanding Arkansas’ limited statutory obligations, Landlord agrees, as a contractual duty, to:
(i) maintain all structural components, roofs, plumbing, electrical, and HVAC systems in good working order;
(ii) provide and maintain Essential Services;
(iii) comply with applicable building and housing codes materially affecting health or safety; and
(iv) deliver the Premises in a safe, clean, and habitable condition.
(b) Tenant Obligations. Tenant shall keep the Premises clean and sanitary and promptly notify Landlord in writing of any condition requiring repair. Tenant is responsible for all damage caused by Tenant, Tenant’s occupants, or guests beyond ordinary wear.
(c) Right to Repair and Deduct. If Landlord fails to perform a required repair materially affecting health or safety within thirty (30) days after written notice, Tenant may, subject to Ark. Code Ann. § 18-17-502, arrange for the repair and deduct the reasonable cost (not exceeding the greater of one month’s Rent or $300) from the next Rent payment.

3.7 Alterations; Improvements

Tenant shall not make any alterations, improvements, or additions to the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Approved alterations shall be performed in a workmanlike manner and in compliance with Applicable Law. Unless Landlord specifies otherwise in writing, all improvements shall become Landlord’s property without compensation to Tenant.

3.8 Entry and Inspection Rights

Landlord may enter the Premises upon at least twenty-four (24) hours’ notice (or less in case of emergency) to inspect, make repairs, supply services, exhibit to prospective purchasers or tenants, or as otherwise permitted by Ark. Code Ann. § 18-17-602.

3.9 Assignment and Subletting

Tenant shall not assign this Agreement or sublet any part of the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s reasonable discretion. Any unapproved transfer is void and constitutes an Event of Default.

4. REPRESENTATIONS AND WARRANTIES

4.1 Mutual Representations. Each party represents that it has full legal right, power, and authority to enter into and perform this Agreement.

4.2 Landlord Representations. Landlord represents that:
(a) Landlord is the lawful owner or authorized agent of the owner of the Premises; and
(b) to Landlord’s knowledge, the Premises is not presently subject to any governmental order requiring the demolition, alteration, or correction of any condition.

4.3 Tenant Representations. Tenant represents that:
(a) the information provided in Tenant’s rental application is true and complete; and
(b) Tenant is not relying on any oral representations of Landlord or Landlord’s agents except as expressly set forth in this Agreement.

4.4 Survival. All representations and warranties shall survive the termination or expiration of this Agreement.

5. COVENANTS AND RESTRICTIONS

5.1 Affirmative Covenants of Tenant. Tenant shall:
(a) pay Rent and Additional Rent when due;
(b) maintain renter’s insurance in accordance with Section 7.3;
(c) promptly report all maintenance issues; and
(d) comply with all lawful notices from governmental or regulatory authorities.

5.2 Negative Covenants of Tenant. Tenant shall not:
(a) keep any pet, except as provided in a separate pet addendum;
(b) store or use hazardous substances except customary household products in small quantities;
(c) engage in or permit any activity that increases Landlord’s insurance premiums; or
(d) interfere with quiet enjoyment of other occupants.

5.3 Notice and Cure. Unless expressly stated otherwise, any breach of Tenant’s covenants is subject to a ten-(10-) day written notice to cure, after which the breach becomes an Event of Default if uncured.

6. DEFAULT AND REMEDIES

6.1 Events of Default

Each of the following constitutes an “Event of Default”:
(a) Non-payment of Rent that continues for five (5) calendar days after written notice to quit, consistent with Ark. Code Ann. § 18-17-701;
(b) Failure to perform any non-monetary obligation within ten (10) days after written notice (or such shorter time as may be reasonable in an emergency);
(c) Material misrepresentation in Tenant’s rental application;
(d) Unauthorized assignment or subletting;
(e) Abandonment of the Premises; or
(f) Insolvency or bankruptcy of Tenant.

6.2 Landlord’s Remedies

Upon any Event of Default and after expiration of any notice and cure period required by Applicable Law:
(a) Landlord may terminate this Agreement by written notice and recover possession pursuant to Arkansas unlawful-detainer procedures;
(b) Landlord may seek injunctive relief (including, without limitation, writ of possession) and monetary damages;
(c) Landlord may apply all or part of the Security Deposit toward amounts due; and
(d) Landlord may recover reasonable attorney fees and court costs to the extent permitted by Ark. Code Ann. § 16-22-308.

6.3 Mitigation

Landlord shall use commercially reasonable efforts to mitigate damages as required by Applicable Law.

7. RISK ALLOCATION

7.1 Indemnification

Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents, affiliates, employees, and invitees (collectively “Indemnitees”) from and against all claims, losses, damages, and expenses (including reasonable attorney fees) arising out of or related to (i) Tenant’s use or occupancy of the Premises, (ii) any breach of this Agreement by Tenant, or (iii) the negligence or willful misconduct of Tenant or Tenant’s invitees, except to the extent caused by the gross negligence or willful misconduct of an Indemnitee.

7.2 Limitation of Liability

Landlord’s aggregate liability to Tenant for breach of this Agreement or otherwise, except for claims arising from Landlord’s gross negligence or willful misconduct, is limited to an amount equal to the Security Deposit actually held by Landlord at the time the cause of action accrues. Nothing herein limits claims for personal injury or property damage where such limitation is prohibited by law.

7.3 Insurance

(a) Tenant shall maintain renter’s insurance throughout the Term with (i) personal liability coverage of not less than $100,000 per occurrence and (ii) personal property coverage sufficient to insure Tenant’s belongings.
(b) Tenant shall provide evidence of such insurance to Landlord upon request.
(c) Landlord shall maintain property insurance on the Building and public-liability insurance with customary limits.

7.4 Force Majeure

Neither party shall be liable for failure to perform its obligations (other than Tenant’s payment obligations) when such failure is caused by events beyond its reasonable control, including acts of God, war, terrorism, pandemic, or governmental restrictions; provided that prompt notice is given and performance resumes as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict-of-laws principles.

8.2 Forum Selection. Each party irrevocably submits to the exclusive jurisdiction of the state court of competent jurisdiction presiding over landlord-tenant matters in the county where the Premises is located (“Housing Court”) for any suit, action, or proceeding arising out of or relating to this Agreement.

8.3 Arbitration Excluded. The parties specifically opt out of arbitration. All disputes shall be resolved in the forum designated above.

8.4 Jury Trial. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE PARTIES’ CONSTITUTIONAL RIGHT TO TRIAL BY JURY.

8.5 Injunctive Relief. Landlord shall be entitled to seek immediate injunctive relief, including, without limitation, eviction and writ of possession, to enforce Tenant’s surrender of the Premises upon termination or default, without posting bond except as required by Applicable Law.

9. GENERAL PROVISIONS

9.1 Notices. All notices must be in writing and delivered (i) in person, (ii) by certified U.S. Mail, return receipt requested, or (iii) by nationally recognized overnight courier, to the addresses set forth in the Document Header, or such other address as a party designates by notice. Notice is deemed given upon delivery or the date of first refusal.

9.2 Amendment; Waiver. No amendment or waiver is effective unless in writing and signed by the party against whom enforcement is sought. Waiver of any breach is not a waiver of any other or subsequent breach.

9.3 Assignment; Successors. Subject to the restrictions in Section 3.9, this Agreement binds and inures to the benefit of the parties and their respective successors and permitted assigns.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to achieve its original intent.

9.5 Integration. This Agreement (including any addenda and rules incorporated by reference) constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, relating to the subject matter hereof.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are binding and admissible.

9.7 Time of Essence. Time is of the essence with respect to all obligations under this Agreement.

9.8 WAIVER OF CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have caused this Residential Lease Agreement to be executed as of the Effective Date.

[// GUIDANCE: Arkansas does not mandate notarization for residential leases under one year. If the Term exceeds one year or the parties desire recordable status, add notarization blocks below.]

[OPTIONAL NOTARY ACKNOWLEDGMENT – LANDLORD]
State of Arkansas
County of __
On this _ day of _, 20__, before me, the undersigned, a Notary Public in and for said state, personally appeared ______, known to me to be the person who executed the foregoing instrument and acknowledged that he/she executed the same for the purposes therein stated.
Witness my hand and official seal.

Notary Public
My commission expires: ______

[Repeat for TENANT if desired]

[// GUIDANCE: Attach or reference any applicable addenda, including but not limited to Pet Addendum, Lead-Based Paint Disclosure, Mold Disclosure, Rules & Regulations, or Crime-Free Housing Addendum, as required by federal or state law.]