Benton is the seat of Saline County in central Arkansas, a fast-growing suburb of Little Rock with a population of roughly 38,000. Benton has a significant and expanding renter population as the broader Little Rock metropolitan area has grown. Tenant rights in Benton are governed entirely by Arkansas state law — primarily Ark. Code §§ 18-16-101 through 18-16-306. Benton has not enacted any local tenant protection ordinances.
Arkansas provides fewer statutory tenant protections than most states, with no statutory implied warranty of habitability for residential rentals. Rights regarding repair and habitability depend on your lease and whether Benton has an applicable housing code. The most common questions from Benton renters involve security deposit recovery, required notice periods, and what landlords must do before an eviction can proceed.
This guide is for general informational purposes only and does not constitute legal advice. Renters with urgent housing issues should contact the Center for Arkansas Legal Services or a licensed Arkansas attorney.
Benton has no rent control, and Arkansas state law does not limit rent increases. No Arkansas city has enacted rent stabilization, and there is no statewide law capping rent increases. Landlords may raise rent by any amount at lease renewal or, for month-to-month tenants, with at least one full rental period's written notice — typically 30 days (Ark. Code § 18-16-101).
If a rent increase is unaffordable, your options are to negotiate, accept the new rate, or give proper written notice and vacate. Review your lease for any additional notice requirements applicable to rent increases.
In 2025, Arkansas enacted Act 459, which bars local governments from regulating the amount of any rental application fee or rental deposit on private residential or commercial property — reinforcing the state's existing preemption of local rent and rental-cost controls (Act 459 of 2025).
Arkansas landlord-tenant law is governed primarily by Ark. Code §§ 18-16-101 through 18-16-306. Arkansas provides fewer statutory protections than most states — most notably, there is no implied warranty of habitability in Arkansas statute for residential rentals. Your rights depend heavily on your lease and local housing codes. Key rules include:
Security Deposit Return (Ark. Code § 18-16-305): Landlords must return your deposit — with an itemized statement of deductions — within 60 days of move-out. Failure to comply entitles you to double the amount wrongfully withheld.
Notice to Terminate (Ark. Code § 18-16-101): Either party must give at least one full rental period of written notice to end a month-to-month tenancy — typically 30 days if you pay monthly.
No Implied Warranty of Habitability: Arkansas statute does not create an implied habitability warranty. If your city has a housing code, filing a code enforcement complaint is often the most effective tool for substandard conditions.
Self-Help Eviction Prohibited: Landlords must use the court unlawful detainer process to remove a tenant. Changing locks or removing belongings without a court order is prohibited.
Limited Retaliation Protections: Arkansas has limited statutory retaliation protections. Document all landlord communications in writing.
Security deposit rules in Benton are set by Ark. Code § 18-16-305:
No Statutory Cap: Arkansas does not limit the amount a landlord may collect as a security deposit. Negotiate the amount before signing your lease.
60-Day Return Deadline: Your landlord has 60 days after you vacate to return your deposit with an itemized written statement of deductions for unpaid rent or damage beyond normal wear and tear.
Double Damages: Wrongful withholding of your deposit may entitle you to twice the amount improperly held.
Best Practices: Give your forwarding address in writing at move-out, photograph the unit's condition, and retain your move-in checklist.
Who the cap and deadline cover: These statutory rules apply to landlords who rent six or more dwelling units. For those landlords, the security deposit may not exceed two months' rent (Ark. Code § 18-16-304). Landlords who own five or fewer dwelling units that they manage themselves are exempt from the statutory cap and the return-deadline requirement (Ark. Code § 18-16-303), so for those rentals the deposit amount and any refund timeline are governed by the lease.
Evictions in Benton must follow Arkansas's unlawful detainer process. Self-help eviction — lockouts, utility shutoffs, or removal of belongings without a court order — is prohibited.
Nonpayment of Rent: The landlord must give written notice and file an unlawful detainer action in Saline County court if you do not pay or vacate.
Other Violations: For lease violations, the landlord must provide written notice before filing for eviction.
Month-to-Month Termination: At least one full rental period's written notice (typically 30 days) is required to end a month-to-month tenancy without cause (Ark. Code § 18-16-101).
Court Process: You have the right to appear in Saline County District or Circuit Court and present a defense. Only a court-issued writ of possession enforced by the sheriff can result in your physical removal from the property.
Nonpayment notice periods: Arkansas offers landlords three separate routes for nonpayment of rent, each with its own notice. A civil unlawful detainer action requires a 3-day written notice to quit (Ark. Code § 18-60-304(3)); a criminal failure-to-vacate charge requires a 10-day written notice (Ark. Code § 18-16-101); and, where the Residential Landlord-Tenant Act applies, a landlord may terminate the tenancy if rent remains unpaid 5 days after the due date (Ark. Code § 18-17-701). The 3-day notice to quit is a demand to vacate, not a cure period that lets you pay and stay.
This page is intended for general informational purposes only and does not constitute legal advice. The information reflects Arkansas law as of April 2026. Arkansas landlord-tenant law is less tenant-protective than most states — notably, Arkansas has no statutory implied warranty of habitability for residential rentals. If you are facing eviction, a deposit dispute, or a habitability issue, contact the Center for Arkansas Legal Services (arlegalservices.org) or a licensed Arkansas attorney before taking action.
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