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Table of Contents:Landlords use Arkansas rental applications to screen and assess potential tenants before committing to an official lease. This real estate form allows you to safely and confidentially collect this data from the applicant to make an informed decision on if they are the right option for your rental property.
Rental applications are also sometimes known as:
The rental application document you use must be designed with AK statutes in mind. Nevertheless, you can use a rental agreement to collect the following information:
There are two main types of rental applications in Arkansas. You must select the most relevant one depending on the type of property being rented, local laws, and the type of leasing agreement that will be used.
The most common type of vetting document used by AK landlords is the Arkansas Standard Rental Application. This form can be customized according to the specific necessities of the property owner or manager.
Landlords of low-income tenants or those offering Section 8 Housing should use a HUD rental application. It is specifically designed to only include information that is allowed under subsidized housing rules.
Both landlords and tenants need to provide specific information on an Arkansas rental application. This is so it complies with state laws and allows an informed decision to be made. The details each party should provide can be seen below.
| Data the Tenant Can Be Asked for | Essential Disclosures from the Landlord |
|---|---|
| Personal data | The property’s condition |
| Rental history | Potential hazards to the tenant |
| Employment details | Shared utility arrangements A.C.A. § 20-27-1901 |
| Personal references | The security deposit |
| Permission for background checks | Associated fees |
The information offered by either the landlord or tenant will vary from application to application. However, it is vitally important that both sides get the clearest picture possible about the nature of the lease before signing an agreement.
Arkansas state has various laws regarding the use of rental applications. If your document is not compliant with AK law, you may get sued by the applicant and face legal consequences.
You can charge as much as you wish as a rental application fee. There are no laws in Arkansas providing a set limit, although it is recommended to only charge enough to cover the costs of any background checks. Any amount charged to the tenant is also non-refundable.
Landlords who collectively own 5 or fewer properties in Arkansas can charge any amount they choose as a security deposit. However, landlords owning over 5 properties cannot charge more than 2 months’ rent under Arkansas law (§ 18-16-304 & § 18-16-303).
Arkansas has no specific statutes policing housing discrimination. Nevertheless, the Fair Housing Act (FHA), is enshrined in federal law meaning that landlords may not refuse a tenant for discriminatory reasons.
Under the FHA you may not reject a tenant application for reasons such as their race, religion, sex, family status, or because they have any disabilities. You may also not discriminate against their criminal history (whether or not a background check is carried out) or nationality.
Tenants must be told about any specific screening criteria, as well as the reasons that they could be denied or approved by the landlord. To show that this information has been shared, a signature of acknowledgment from the tenant is required.
Within Arkansas, federal law is in effect that requires potential renters to provide written consent for a credit history check during the application process. This is known as the Federal Credit Reporting Act (FCRA).
Looking over a readily prepared template of a rental application makes it much easier to create your own. Review our document sample below to get more familiar with what your application form will look like when it’s completed.