Last Updated on October 21, 2023 by Kelvin Nielsen
Arkansas law (AR Code. Tit. 18. Ch. 17) gives both landlords and tenants certain rights and responsibilities. As a renter, you have the right, for instance, to be treated fairly as per fair housing laws and the right to the return of your security deposit.
Here is a full guide to renters’ rights in Arkansas.
But are Arkansas landlords responsible for providing air conditioning to their tenants? The following is everything you need to know.
Renters’ Rights to Air Conditioning in Arkansas
Do landlords in Arkansas have to provide air conditioning to their tenants?
No, landlords don’t have any responsibility to provide air conditioning to their tenants. In fact, unlike most other states, Arkansas doesn’t have an implied warranty of habitability. As such, landlords don’t have to do anything that isn’t specified in the lease agreement.
Landlords can only fix or replace an air conditioning system if it’s provided to you. They must maintain it in at least the same condition it was operating in at the time the lease began. The only exception here would be if you damage it negligently or deliberately.
How long does the landlord have to fix air conditioning in Arkansas?
As already mentioned, the landlord only has a responsibility to provide air conditioning if provided under the lease. In such a case, the landlord will have the responsibility to fix or replace it when issues arise.
The landlord must repair the issues within 30 days of being served proper notice. The notice must be in writing.
If the landlord fails to fix the issue within 30 days, you may be able to terminate the lease penalty-free. Please note that you cannot withhold rent, or repair the issue yourself and deduct the costs from future rent payments. Doing so would give your landlord a legal right to evict you from the property for nonpayment of rent.
Do landlords have to provide heat in Arkansas?
Similar to air conditioning, Arkansas landlords are only responsible for providing or maintaining any provided air conditioning or heating in at least the same condition it was operating at the time of lease signing.
How do you report a landlord in Arkansas?
Arkansas law provides renters with many rights. Among these is the right to report a landlord for failure to abide by the terms of the lease agreement. Please note that you cannot report a landlord for habitability issues, as they are only required to rent out their properties as-is.
What you can, however, report your landlord for is their failure to honor the terms of the lease agreement. If the landlord has provided you with air conditioning or heating and they fail to fix or replace it within 30 days or providing them with proper notice, you can report them to public officials.
The exact process to take depends on the municipality you are in. If living in Little Rock, you can report your landlord by filing this online form. If living in Fayetteville, you can also report your landlord by filing an online form. If living in Fort Smith, call (479) 784-1076 for help.
After filing the form or calling the local authorities, an inspecting officer will get back to you for further details.
That said, before reporting the landlord for a violation, make sure to notify them of the issue first. The notice must be in writing and you must send it to the landlord via certified mail. Once you have done this, it’ll give the landlord a maximum of 30 days to repair the issue.
Conclusion
As can be seen, Arkansas renters don’t have the right to air conditioning. The only exception would be if the landlord chooses to provide it in the lease agreement. In that case, you’d have a right to a properly working unit and have repairs done within 30 days of serving proper notice.
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
Sources: https://arkansasag.gov/consumer-protection/home/landlord-and-tenant-rights/, https://a.arlawhelp.org/landlord-tenant/landlord-tenant-law, Code of Arkansas.
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Hi, I’m Kelvin Nielsen, an experienced landlord and accomplished real estate lawyer. My focus is on answering your questions about renting in the hopes of making your life as a renter or a landlord a bit easier.