Lowell is one of the fastest-growing cities in Northwest Arkansas, situated in Benton County along the I-49 corridor near Fayetteville and Rogers. As rental demand has increased in the region, many residents search for information on tenant protections, eviction rules, and security deposit rights specific to Lowell.
Renters in Lowell are governed exclusively by Arkansas state law. The city has no local rent control ordinance, no just-cause eviction requirement, and no tenant-specific municipal code beyond general building and zoning standards. Arkansas's landlord-tenant framework is among the most landlord-favorable in the country, so understanding what the state does — and does not — require of landlords is essential.
This guide summarizes the key protections available to Lowell renters under Arkansas law. It is informational only and does not constitute legal advice. Laws may change — consult a licensed attorney or free legal aid service for advice specific to your situation.
Lowell has no rent control ordinance, and Arkansas state law does not cap how much a landlord can charge or increase rent. There is no statewide preemption statute that explicitly bans local rent control, but no Arkansas city has enacted rent control, and none is in effect in Lowell or Benton County.
Under Ark. Code § 18-16-101, a landlord renting on a month-to-month basis must provide at least one full rental period of written notice before increasing rent or terminating the tenancy. Landlords may not raise rent as an act of discrimination (in violation of the Fair Housing Act) or as retaliation against a tenant who has exercised a legal right, such as filing a code complaint.
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).
Security Deposits (Ark. Code § 18-16-305): Landlords must return your security deposit — with a written, itemized statement of any deductions — within 60 days of the termination of the tenancy and delivery of possession. If a landlord wrongfully withholds any portion, you are entitled to twice the amount wrongfully withheld, plus reasonable attorney fees if you pursue the matter in court.
Notice to Terminate (Ark. Code § 18-16-101): For month-to-month tenancies, either the landlord or the tenant must give written notice of at least one full rental period before terminating the lease. For weekly tenancies, one week's written notice is required. These are minimum requirements; your lease may specify a longer notice period.
Habitability: Arkansas has no statutory implied warranty of habitability for residential rentals — unlike most other states. Your right to a habitable unit depends on what your lease says and whether Lowell's building and housing codes apply. If your unit has serious health or safety defects, contacting Lowell's code enforcement office is often the most effective remedy available to you.
Self-Help Eviction Prohibition: A landlord may not remove a tenant by changing locks, removing doors or windows, shutting off utilities, or removing the tenant's belongings without a court order. These self-help eviction tactics are illegal in Arkansas, and a landlord who engages in them may be liable to you for damages.
Retaliation: Arkansas statutes provide limited formal protections against landlord retaliation. However, courts have recognized that retaliatory conduct — such as raising rent or threatening eviction after you file a code complaint — may be a defense in an eviction proceeding. Document all communications with your landlord in writing and retain copies of any repair requests or code complaints.
Arkansas law does not cap the amount a landlord may charge for a security deposit. However, once you vacate the unit and return possession to the landlord, the clock starts on the return deadline.
Return deadline: Under Ark. Code § 18-16-305, your landlord must return your deposit — or provide a written, itemized statement of deductions — within 60 days of the end of your tenancy.
Penalty for wrongful withholding: If your landlord fails to return the deposit or provide the required itemization within 60 days, you are entitled to double the amount wrongfully withheld, plus you may recover reasonable attorney fees if you sue in small claims or circuit court.
Protect yourself: Document the condition of the unit at move-in and move-out with dated photos. Send your forwarding address to the landlord in writing so they have no excuse for delay.
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.
Arkansas landlords must follow a court-supervised eviction process — commonly called an unlawful detainer action — to remove a tenant. Self-help eviction (changing locks, removing belongings, shutting off utilities) is prohibited regardless of whether rent is unpaid.
Notice periods by ground for eviction:
Court process: After the notice period expires without compliance, the landlord may file an unlawful detainer complaint in the local district court. You will receive a summons and have the right to appear and contest the eviction at a hearing. If the court rules for the landlord, a writ of possession is issued and the sheriff or constable carries out the eviction. You are entitled to receive proper service of process — a landlord cannot evict you without a court judgment.
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 article is provided for informational purposes only and does not constitute legal advice. Tenant-landlord laws can change, and local ordinances may be adopted or amended at any time. The information here may not reflect the most current legal developments. Always verify your rights with a licensed Arkansas attorney or a free legal aid organization before taking action. Nothing in this article creates an attorney-client relationship.
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