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Overview
Arkansas is one of the most landlord-friendly states in the nation and historically was the only state without an implied warranty of habitability. While Act 1052 (2021) introduced "implied residential quality standards" for leases entered into or renewed after November 1, 2021, Arkansas still has no specific mold legislation. Tenants cannot withhold rent or use repair-and-deduct remedies, making Arkansas uniquely challenging for renters dealing with mold issues. [Encyclopedia of Arkansas - Landlord-Tenant Laws]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Written Notice of Non-Compliance
If the dwelling does not comply with the implied residential quality standards under Section 18-17-502, tenants may deliver written notice to the landlord by certified mail or other method provided in the lease, specifying the issues constituting non-compliance.
Right to Terminate Lease After 30 Days
If the landlord fails to remedy a violation of implied residential quality standards within 30 calendar days after receiving written notice (and rent is current), the tenant may terminate the lease without penalty and receive a refund of the security deposit.
Landlord Responsibilities
Implied Residential Quality Standards (Post-November 2021)
For leases entered into or renewed after November 1, 2021, landlords must provide and maintain: hot and cold running water, electricity, potable drinking water, sanitary sewer and plumbing conforming to applicable codes, a functioning roof and building envelope, and functioning heating and air conditioning. However, these obligations may be waived by written agreement.
Compliance with Local Housing Codes
The implied residential quality standards do not relieve landlords from having to comply with any stricter applicable housing standards of local governments with jurisdiction over the property.
Remedies Available to Tenants
Rent Withholding
Not Available: Arkansas explicitly prohibits rent withholding under any circumstances. Tenants must continue paying rent even if the property needs repairs or the landlord fails to make promised repairs. Withholding rent will result in eviction.
[Arkansas Code Section 18-17-502(d)(3) and Legal Aid of Arkansas]
Repair and Deduct
Not Available: Arkansas does not permit tenants to make repairs and deduct the cost from rent. Tenants cannot use the repair-and-deduct remedy when a landlord fails to make repairs.
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Arkansas
Understanding Arkansas's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Arkansas's Humid Subtropical Climate
Arkansas has a humid subtropical climate with hot, humid summers and mild winters. The state receives 45-55 inches of rainfall annually, with humidity levels frequently exceeding 70% during summer months. The Mississippi River delta region in eastern Arkansas experiences particularly high humidity. This consistent moisture creates favorable conditions for mold growth throughout much of the year.
Southern Humidity Challenges
Arkansas faces significant mold challenges due to its humid climate and position in the Deep South mold belt. The combination of high humidity, substantial rainfall, and warm temperatures creates ideal conditions for mold growth. Arkansas also experiences flooding from the Mississippi, Arkansas, and other rivers that can lead to water damage and subsequent mold problems.
Limited Tenant Protections
Arkansas is one of the most landlord-friendly states in the nation. Arkansas was historically the only state without an implied warranty of habitability until Act 1052 (2021) introduced limited "implied residential quality standards." However, these protections can be waived by written agreement, leaving tenants with minimal recourse for mold issues.
Flooding and River Valley Moisture
Arkansas's river valleys, particularly along the Mississippi and Arkansas Rivers, face regular flooding risks. Historic flooding events have caused extensive water damage and subsequent mold problems. The low-lying delta region is particularly vulnerable to moisture intrusion and mold growth in housing.
Common Mold Types in Arkansas
Arkansas's humid subtropical climate brings 45-55 inches of rainfall annually with summer humidity frequently exceeding 70%. The Mississippi River delta region in eastern Arkansas experiences particularly high humidity. River valley flooding from the Mississippi and Arkansas Rivers causes extensive water damage and mold problems. Arkansas is considered part of the Deep South mold belt.
Cladosporium
Common throughout Arkansas's humid subtropical climate; thrives in summer humidity.
Penicillium
Frequently found in flood-damaged Delta region homes; spreads rapidly in damp conditions.
Aspergillus
Prevalent in older Arkansas housing with moisture problems; can cause serious respiratory infections.
Stachybotrys chartarum
Black mold found in chronically wet materials; common after Mississippi and Arkansas River flooding.
Fusarium
Found in flood-damaged buildings; can cause serious infections in immunocompromised individuals.
Mold Professional Requirements in Arkansas
Implied Warranty of Habitability
Arkansas does not have a traditional implied warranty of habitability. However, for leases entered into or renewed after November 1, 2021, Arkansas Code Section 18-17-502 requires landlords to provide certain implied residential quality standards including: hot and cold running water, electricity, potable drinking water, sanitary sewer and plumbing conforming to applicable codes, a functioning roof and building envelope, and functioning heating and air conditioning. These standards are more limited than the full habitability warranties found in other states, and notably, all landlord responsibilities can be waived by written agreement with the tenant. [Arkansas Code Section 18-17-502 - Implied Residential Quality Standards]
Mold Disclosure Requirements
Local Regulations
Some cities in Arkansas have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Arkansas mold law details.
Little Rock, AR
Local mold risks, prevention priorities, and next steps for Little Rock.
Fort Smith, AR
Local mold risks, prevention priorities, and next steps for Fort Smith.
Fayetteville, AR
Local mold risks, prevention priorities, and next steps for Fayetteville.
Springdale, AR
Local mold risks, prevention priorities, and next steps for Springdale.
Jonesboro, AR
Local mold risks, prevention priorities, and next steps for Jonesboro.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Arkansas.
Arkansas Development Finance Authority Programs
Provides various housing assistance programs including home repair assistance for Arkansas residents.
Eligibility: Income-eligible Arkansas residents
Coverage: Home rehabilitation and repair assistance
Phone: 501-682-5900Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income rural homeowners for repairs including addressing moisture and mold issues.
Eligibility: Very low-income homeowners in rural areas
Coverage: Loans up to $40,000 for repairs; grants up to $10,000 for elderly homeowners
Legal Aid of Arkansas
Provides free legal assistance to low-income Arkansas residents for housing issues including landlord-tenant disputes.
Eligibility: Low-income Arkansas residents
Coverage: Legal assistance for housing issues
Phone: 800-952-9243Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Arkansas have specific mold laws for rental properties?
No, Arkansas has no specific mold legislation. There are no state requirements for mold disclosure, testing, or remediation in rental properties. Mold issues must be addressed through general landlord-tenant law, lease provisions, or local housing codes if applicable.
Does Arkansas have an implied warranty of habitability?
Not in the traditional sense. Arkansas was historically the only state without an implied warranty of habitability. In 2021, the legislature passed Act 1052 creating "implied residential quality standards" for leases after November 1, 2021. These require landlords to provide working water, electricity, plumbing, a functioning roof, and HVAC. However, these protections are more limited than other states and can be waived by written agreement.
Can I withhold rent if my landlord refuses to fix a mold problem in Arkansas?
No. Arkansas law explicitly prohibits rent withholding under any circumstances. Tenants must continue paying rent even if the property needs repairs. Withholding rent will result in eviction. Your sole remedy for habitability violations is to give written notice and, if the landlord fails to remedy within 30 days, terminate the lease.
Official Resources
These official resources can help you understand your rights and take action: