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Landlord and Tenant Law in Arkansas

The relationship between a landlord and tenant in Hot Springs, Arkansas can sometimes be a touchy one. Landlords and tenants are not always clear on their respective rights and responsibilities.

Tenants and landlords have many legal rights and responsibilities. In general, these rights don't conflict with one another, as long as both parties are clear about what they are, and act accordingly.

Landlord's Rights in Hot Springs, AR

Most obviously, landlords have a right to collect rent from their tenants. When a tenant agrees to pay a landlord a particular amount of money for the right to occupy the landlord's property, a contract is formed. Tenants have to hold up their end of the deal.

Additionally, landlords can bill the tenant for any damage they cause to the unit, whether it was intentional or negligent. The costs of repairs for such damage can be deducted from a tenant's security deposit, but it should be noted that tenants aren't accountable for normal wear and tear, over which they have little control.

Tenant's Rights in Hot Springs, AR

At the most basic level, tenants have a basic right to what they're paying for: a habitable living environment. Thus, landlords in Hot Springs, Arkansas must ensure that the units they rent to tenants meet some basic standards for human habitation. These requirements vary from state to state, but are often fairly easy to meet. There are no legal standards that rented units be pretty, particularly spacious, or luxurious. They simply have to be fit for human beings to live in them. To be considered "habitable," rented units must have water, electricity, some form of heating (if the local climate necessitates it), and adequate protection from the elements (proper insulation, no roof leaks, windows that close, etc.).

Additionally, tenants have rights to common areas that are free of physical obstructions, as well as serious health and safety hazards. Common areas are the places in apartment buildings and other residential complexes which every tenant can access, and include hallways, stairwells, and fire escapes. In Hot Springs, Arkansas, these areas must be kept in a safe condition, at the landlord's expense.

A tenant also has a right, under federal law and the laws of Arkansas to be free from discrimination in housing based on race, color, national origin, religion, or gender. Landlords can further not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.

Finally, tenants are legally protected from arbitrary eviction. Landlords typically must have a very good reason to evict a tenant before the lease agreement reaches the end of its term (at this point, they are of course allowed to decline to renew the lease). Of course, if the tenant breaches the lease agreement (such as by failing to pay rent, damaging the property, or violating other reasonable rules the landlord has put in the lease), the landlord, like a party to any other contract, is free to terminate the agreement and evict the breaching tenant.

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Can a Hot Springs, Arkansas Landlord/Tenant Lawyer Help?

Landlords and tenants normally prefer to avoid getting into fights with one another, for noticeable reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Hot Springs, Arkansas landlord/tenant attorney can help defuse arguments before they become too serious.

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