Marion is a growing city in Crittenden County, Arkansas, located just across the Mississippi River from Memphis, Tennessee. As the city's population has expanded, so has demand for rental housing — and with it, questions about rent increases, security deposit returns, eviction procedures, and repair obligations.
Arkansas is one of the most landlord-friendly states in the country. There is no statutory implied warranty of habitability, no rent control, and Marion has enacted no local tenant-protection ordinances beyond what state law provides. That makes knowing Arkansas statutes and the specific terms of your lease critically important. If your unit has code violations, contacting Marion's code enforcement department is often the most effective first step.
This article summarizes the laws that govern rental housing in Marion, AR as of May 2026. It is provided for informational purposes only and does not constitute legal advice. Laws may change; consult a licensed Arkansas attorney or a legal aid organization for guidance specific to your situation.
Marion, Arkansas has no rent control, and no Arkansas city does. State law does not cap how much a landlord can charge or how much they can raise the rent. For month-to-month tenancies, a landlord must provide written notice of at least one full rental period before a rent increase takes effect (Ark. Code § 18-16-101). For fixed-term leases, rent cannot be changed until the lease term ends unless the lease itself permits it.
Because Arkansas has not preempted rent control by explicit statute (there is simply no state or local law authorizing it), tenants in Marion have no protection against large rent increases beyond the notice requirement. Shopping for lease terms carefully and locking in a fixed-term lease are the primary tools available to renters who want rent stability.
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 who rent six or more dwelling units must return a tenant's security deposit — with a written, itemized list of any deductions — within 60 days after the tenant moves out. If a landlord wrongfully withholds any portion of the deposit, the tenant is entitled to double the amount improperly retained. Landlords who rent fewer than six units are not covered by this statute, though lease terms may still create obligations.
Notice to Terminate (Ark. Code § 18-16-101): Either a landlord or a tenant may end a month-to-month tenancy by giving written notice of at least one full rental period. For weekly tenancies, one week's notice is required. Fixed-term leases expire on the agreed end date unless renewed.
Habitability: Arkansas has no statutory implied warranty of habitability for residential rentals. Tenant repair remedies under state law are extremely limited. If your unit has code violations, your most effective remedy is typically filing a complaint with Marion's code enforcement office, which can compel repairs through city housing code enforcement rather than state statute.
Prohibition on Self-Help Eviction: A landlord may not remove a tenant by changing the locks, removing doors or windows, shutting off utilities, or removing belongings without a court order. Self-help eviction is prohibited under Arkansas law, and tenants subjected to it may pursue damages in court.
Retaliation: Arkansas provides limited statutory retaliation protections. Document all repair requests and communications with your landlord in writing, particularly if you have contacted code enforcement, to preserve evidence of any retaliatory conduct.
Arkansas does not cap the dollar amount a landlord may charge as a security deposit. The key statutory protections relate to the return of deposits after move-out.
Under Ark. Code § 18-16-305, landlords who own or manage six or more rental units must:
Tenants should document the condition of the unit at move-in and move-out with dated photos or video and send a forwarding address to the landlord in writing. Landlords who rent fewer than six units are not covered by this statute, so lease terms and common-law principles govern those deposits.
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 the court-based unlawful detainer process to evict a tenant. Self-help eviction — changing locks, removing belongings, or cutting off utilities — is prohibited and may expose the landlord to liability.
Notice Requirements:
Court Process: After the notice period expires without compliance, the landlord files an unlawful detainer complaint in district court. The tenant is served and has an opportunity to appear and respond. If the court rules for the landlord, a writ of possession is issued and the sheriff enforces the eviction. Tenants should appear at all court dates to preserve their rights.
Just Cause: Arkansas does not require just cause to end a month-to-month tenancy. Marion has not enacted a local just-cause eviction ordinance. Tenants in fixed-term leases are protected from no-cause termination until the lease expires.
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 for informational purposes only and does not constitute legal advice. Landlord-tenant laws can change, and local ordinances may be enacted or amended after publication. The information here reflects Arkansas law as of May 2026. For advice specific to your situation, consult a licensed Arkansas attorney or contact a legal aid organization serving Crittenden County.
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