Right to Repairs in Arkansas
Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
As a tenant, you have the right to live in a unit that is safe and functional. When something breaks — plumbing, heating, electrical systems, or appliances included in your lease — your landlord is generally required to fix it within a reasonable time after you report it. This obligation flows from the implied warranty of habitability and state landlord-tenant statutes.
If your landlord ignores repair requests, many states give you the right to repair and deduct — hire someone to fix the problem yourself and deduct the cost from your rent. Other remedies include withholding rent (through legal escrow processes), filing code enforcement complaints, or breaking your lease without penalty.
When does it apply?
Your right to repairs applies when:
- A condition in your rental unit affects health, safety, or habitability — broken heating, plumbing leaks, pest infestations, mold, faulty electrical, broken locks
- The problem was not caused by you or your guests
- You have notified your landlord of the problem (written notice is always best)
- The landlord has had a reasonable time to make the repair and has failed to do so
Common repair remedies by state:
- Repair and deduct: Available in most states. You hire a repair person, pay for it, and deduct the cost from rent. States impose limits (often one month's rent) and require written notice to the landlord first.
- Rent withholding/escrow: Some states allow you to deposit rent into a court escrow account until repairs are made. You cannot simply stop paying — follow your state's legal process.
- Code enforcement: Report violations to your local building or health inspector. They can order the landlord to make repairs and impose fines for noncompliance.
- Lease termination: If conditions are severe enough ("constructive eviction"), you may be able to break your lease without penalty.
Common misconceptions:
- "My landlord isn't responsible because it's an old building" — Age doesn't matter. The warranty of habitability applies regardless of when the building was constructed.
- "I can just withhold rent until they fix it" — In most states, you cannot simply stop paying. You must follow specific legal procedures (escrow, repair-and-deduct) or risk eviction for nonpayment.
- "Cosmetic issues count" — A dripping faucet, chipped paint, or squeaky door typically doesn't rise to the level of a habitability violation. The problem must affect health, safety, or basic livability.
What should you do?
Step 1: Report the problem to your landlord in writing. Describe the issue, include photos, and request a repair by a specific date (typically 14-30 days for non-emergencies, 24-48 hours for emergencies like no heat or water). Keep a copy of your notice.
Step 2: If the landlord doesn't respond, send a second written notice referencing your first request and stating that you will pursue legal remedies if the repair is not made.
Step 3: If the landlord still doesn't act, exercise the remedy available in your state — repair and deduct, rent escrow, or code enforcement complaint. Follow your state's specific procedures exactly.
Step 4: For serious health and safety issues, contact your local building inspector or health department. They can inspect, issue violations, and compel repairs.
Step 5: If the situation is severe or your landlord retaliates, consult a tenant rights attorney. You may be entitled to rent abatement, damages, or lease termination.
What should you NOT do?
Don't make repairs without following your state's legal process. If you deduct from rent without proper notice or exceed the allowed amount, your landlord may claim nonpayment and pursue eviction.
Don't withhold rent without putting it in escrow (in states that require escrow). Courts view rent withholding without escrow unfavorably.
Don't ignore the problem. Small issues (a minor leak) can become major ones (mold, water damage). Report problems early and in writing.
Don't assume your lease overrides the law. A lease clause that says "landlord is not responsible for repairs" is unenforceable in most states. The implied warranty of habitability cannot be waived.
How Arkansas differs from federal law
Arkansas provides limited tenant remedies for landlord failure to make repairs:
- The 2007 Residential Landlord-Tenant Act (Ark. Code § 18-17-901 et seq.) imposes some landlord maintenance duties, but enforcement mechanisms are limited
- Arkansas does not have a statutory repair-and-deduct remedy — tenants cannot unilaterally hire a contractor and deduct the cost from rent
- Arkansas does not have a statutory rent withholding remedy for uninhabitable conditions
- Tenants must notify the landlord in writing and allow a reasonable time to repair before taking any legal action
- In serious cases, tenants may be able to raise habitability as a defense in eviction proceedings or pursue a lawsuit for breach of contract
- Contact local code enforcement — they can order the landlord to make repairs and impose fines
Additional Steps in Arkansas
Send repair requests by certified mail. Contact local code enforcement and building inspectors. For serious habitability problems, contact Center for Arkansas Legal Services: (501) 376-3423 or Legal Aid of Arkansas: (870) 972-9224.
Relevant Law: Ark. Code § 18-17-901 et seq. (Residential Landlord-Tenant Act). No repair-and-deduct or rent withholding statute in Arkansas.
Common Questions
When does right to repairs apply?
Your right to repairs applies when:A condition in your rental unit affects health, safety, or habitability — broken heating, plumbing leaks, pest infestations, mold, faulty electrical, broken locksThe problem was not caused by you or your guestsYou have notified your landlord of the problem (written notice is always best)The landlord has had a reasonable time to make the repair and has failed to do soCommon repair remedies by state:Repair and deduct: Available in most states. You hire a repair person, pay for it, and deduct the cost from rent. States impose limits (often one month's rent) and...
What should I do about right to repairs?
Step 1: Report the problem to your landlord in writing. Describe the issue, include photos, and request a repair by a specific date (typically 14-30 days for non-emergencies, 24-48 hours for emergencies like no heat or water). Keep a copy of your notice.Step 2: If the landlord doesn't respond, send a second written notice referencing your first request and stating that you will pursue legal remedies if the repair is not made.Step 3: If the landlord still doesn't act, exercise the remedy available in your state — repair and deduct, rent escrow, or code enforcement complaint. Follow your state's...
What mistakes should I avoid with right to repairs?
Don't make repairs without following your state's legal process. If you deduct from rent without proper notice or exceed the allowed amount, your landlord may claim nonpayment and pursue eviction.Don't withhold rent without putting it in escrow (in states that require escrow). Courts view rent withholding without escrow unfavorably.Don't ignore the problem. Small issues (a minor leak) can become major ones (mold, water damage). Report problems early and in writing.Don't assume your lease overrides the law. A lease clause that says "landlord is not responsible for repairs" is unenforceable in m...
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