HB 1769 — TO AMEND THE ARKANSAS RESIDENTIAL LANDLORD-TENANT ACT OT 2007; AND TO AMEND THE LAW CONCERNING A CAUSE OF ACTION FOR UNLAWFUL DETAINER AND FORCIBLE ENTRY AND DETAINER.

Bill Text

• HB 1769 Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill introduces new implied residential quality standards for landlords in Arkansas, affecting lease agreements and tenant rights.

• 18-17-502

  Implied residential quality standards.

  Adds a new section outlining required living conditions for rental agreements.

• 18-17-502(a)

  there shall be implied in all leases and rental agreements for residential purposes a requirement that the dwelling unit or single family residence have, at the time possession is delivered to the tenant or tenants: (1) An available source of hot and cold running water; (2) An available source of electricity; (3) A source of potable drinking water; (4) A sanitary sewer system that conforms to applicable building and housing codes in existence at the time of installation; (5) A functioning roof and building envelope; and (6) A functioning heating and air conditioning system to the extent the heating and air conditioning system served the premises at the time the landlord and the tenant entered into the lease or rental agreement.

  Establishes specific residential quality standards that must be met by landlords.

• 18-17-502(b)

  the provisions of subsection (a) of this section shall supersede any contrary provision of an oral or written lease or rental agreement.

  Ensures that these implied standards take precedence over any conflicting lease terms.

• 18-17-502(d)(2)

  the tenant’s sole remedy shall be to terminate the lease or rental agreement without penalty and receive a refund of any security deposit recoverable under § 18-16-301 et seq.

  Grants tenants the right to terminate their lease without penalty if the landlord fails to meet the quality standards.

• 18-17-502(d)(3)(B)

  A tenant shall not offset or withhold rent from the landlord for any alleged or actual violation of the implied residential quality standards listed in subsection (a) of this section.

  Clarifies that tenants cannot withhold rent due to violations of the new quality standards.

• 18-17-502(e)(1)

  Nothing in this section, or in a lease or rental agreement shall prohibit a tenant from making a reasonable installation at his or her expense of a smoke or carbon monoxide detector.

  Allows tenants to install smoke or carbon monoxide detectors at their own expense.

• 18-17-502(e)(2)

  the tenant is responsible for maintaining the device in working order.

  Establishes tenant responsibility for maintaining any installed smoke or carbon monoxide detectors.

Action History

1. April 27, 2021

   WITHDRAWN BY AUTHOR

2. March 17, 2021

   Read the first time, rules suspended, read the second time and referred to the Committee on INSURANCE & COMMERCE- HOUSE

3. March 17, 2021

   Filed

Sponsors

• Hawks · Primary
• Jonathan Dismang · Primary

Subjects