Notices govern how the landlord and tenant communicate their intentions regarding the premises. One of the most important aspects within notices is their content and the timeframe allotted before an action has begun.
Notice to quit and rent changes
At least 30 days prior to the termination of the tenancy, the tenant should give notice that he or she intends to vacate the premises on the date the agreement ends. If the tenant fails to provide such notice, then the tenancy begins a month-to-month tenancy, for which there is also a 30 day notice to quit from either party. If the tenant becomes a holdover tenant, in which he or she continues possession of the premises without the landlord’s consent, then the landlord may recover three months’ periodic rent or twice the actual damages sustained by the landlord, whichever is greater.
In addition, the landlord may not change the rent amount or any other portion of the lease agreement without at least 30 days’ notice prior to the end of the existing tenancy. The same notice period exists for month-to-month and holdover tenancies.
Landlord’s right to access
The landlord may need access to the premises to perform inspections, repairs, services, investigations, and showings. Arkansas law allows the landlord either to obtain injunctive relief in district court without posting bond to compel access or to terminate the agreement if the tenant refuses lawful access to the premises, per Ark. Code § 18-17-705. In all cases, except in that of an emergency, abandonment, or court order, the landlord should provide at least 24 hours’ notice before entering into the premises at a reasonable time.