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Building Codes & Habitability — Arkansas

Warranty of habitability, repair obligations, and city rental programs

State Habitability Standard

Implied warranty of habitability under state landlord-tenant law
Contact local housing authority for specific statutory citations and requirements.

Minimum Habitability Requirements

  • Structural safety: sound roof, walls, floors
  • Working plumbing and hot water
  • Adequate heat
  • Working electrical systems
  • Pest-free premises
  • Smoke and carbon monoxide detectors

Repair Obligations & Tenant Remedies

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Rent Withholding
Consult local housing code — varies by condition severity

Arkansas does not have a statutory repair-and-deduct remedy. Tenants must typically pursue code enforcement or court action for habitability failures. Consult Arkansas Residential Landlord-Tenant Act (A.C.A. §§ 18-17-101 et seq.) for current tenant remedies.

City-Level Rental Programs

Some cities require rental registration, periodic inspections, or have specific habitability ordinances beyond state law. Enter your city to check for a local program.

Known Arkansas cities in our database: check major cities in Arkansas above for city-specific programs.

Governing Statute

Arkansas Residential Landlord-Tenant Act (A.C.A. §§ 18-17-101 et seq.)

Read the full statute →

Code Details — Arkansas

Relevant building code and habitability requirements from our corpus:

Building Codes — Montana (MT) Rental Housing
Building Codes — Montana (MT) Rental Housing
Adopted code: Montana Building Codes Act based on 2018 IBC; enforcement is local. Habitability statute: MCA §70-24-303 (Montana Residential Landlord and Tenant Act). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (MCA §50-61-101). CO detectors: required in all residential units with fuel-burning appliances or attached garage (MCA §50-61-102). Repair-and-deduct: yes — after written notice and landlord failure within 14 days; cap is $300 or one month's rent. Notable: Montana preempts local rent control. Billings and Missoula have local housing code enforcement programs. Montana's rental market is tightening rapidly due to population growth; enforcement capacity limited in rural areas.
Building Codes — Alabama (AL) Rental Housing
Building Codes — Alabama (AL) Rental Housing
Adopted code: Alabama Building Code based on 2018 IBC; enforcement is by counties and municipalities. Habitability statute: ALA Code §35-9A-204 (Alabama Uniform Residential Landlord and Tenant Act — URLTA). Heating: landlord must provide working heating equipment; no specific minimum temperature in state law; courts apply 68°F as baseline. Smoke detectors: required in each sleeping room and on each floor (ALA Code §24-9-11); landlord installs; battery or hardwired. CO detectors: no statewide requirement as of 2024. Repair-and-deduct: yes — after written notice and 14-day failure; cap is $200 or half month's rent. Notable: Alabama preempts local rent control. Birmingham and Huntsville have local housing codes. Alabama's URLTA was substantially modernized in 2006 and covers most residential tenancies.
Building Codes — Mississippi (MS) Rental Housing
Building Codes — Mississippi (MS) Rental Housing
Adopted code: Mississippi Building Code based on 2018 IBC; enforcement is primarily local. Habitability statute: Miss. Code §89-8-17 (landlord obligations under Landlord and Tenant Act). Heating: landlord must maintain working heating system; no specific minimum temperature. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (Miss. Code §45-11-201). CO detectors: no statewide requirement. No repair-and-deduct right. Tenant remedy: terminate lease after 30-day written notice and failure to repair. Notable: Mississippi has among the most limited residential tenant protections in the US. Local codes vary widely; rural areas often lack formal code enforcement. Jackson has a local housing code enforcement office.
Building Codes — Hawaii (HI) Rental Housing
Building Codes — Hawaii (HI) Rental Housing
Adopted code: Hawaii State Building Code based on 2018 IBC with local amendments per county. Habitability statute: HRS §521-42 (Hawaii Residential Landlord-Tenant Code). Heating: Hawaii's climate makes heating requirements less relevant; landlord must maintain all systems in working order; no cold-weather heating season defined. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (HRS §132-7.5). CO detectors: required in all residential units with fuel-burning appliances (HRS §132-8). Repair-and-deduct: yes — after written notice and landlord failure within reasonable time; cap is $500 or one month's rent. Notable: Hawaii has the highest housing costs per capita of any state; Honolulu has explored rent control. Owner-occupied rentals under 6 units are regulated by county. Each county (Honolulu, Maui, Hawaii, Kauai) has its own building permit office and inspection program.
Building Codes — Rhode Island (RI) Rental Housing
Building Codes — Rhode Island (RI) Rental Housing
Adopted code: Rhode Island State Building Code based on 2018 IBC. Habitability statute: RI Gen. Laws §34-18-22 (Residential Landlord and Tenant Act). Heating: Sept 1 through June 15; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup required in buildings of more than 2 units; battery in single-family and duplex (RI Gen. Laws §23-28.1-5). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RI Gen. Laws §23-28.1-5.1). Repair-and-deduct: yes — after written notice and landlord failure within 20 days; cap is $125 or one month's rent. Notable: Providence has a rental registration and inspection program. Rhode Island preempts local rent control. RI Department of Health has jurisdiction over minimum housing standards in addition to building code.
Building Codes — Idaho (ID) Rental Housing
Building Codes — Idaho (ID) Rental Housing
Adopted code: Idaho State Building Code based on 2018 IBC/IRC. Habitability statute: Idaho Code §55-2002 (Residential Landlord and Tenant Act). Heating: landlord must provide working heating equipment; no specific minimum temperature by state law. Smoke detectors: required on each floor and outside each sleeping area; landlord installs; battery or hardwired (Idaho Code §39-6603). CO detectors: required in all residential units with fuel-burning appliances or attached garage (Idaho Code §39-6605). Repair-and-deduct: yes — after written notice and landlord failure within 3 days (emergency) or 30 days (non-emergency); cap is $300 or half month's rent. Notable: Boise has a local housing code enforcement program. Idaho preempts local rent control. No state income tax break specifically for rental income.
City Building Codes — Washington, DC
City Building Codes — Washington, DC
DC Department of Buildings (DOB) enforces DC Construction Codes (based on 2018 IBC with DC amendments) and DC Property Maintenance Code. Rental registration: DC Rental Accommodations Division (RAD): ALL rental units must be registered (DC Code §42-3502.05); annual fee per unit. DC Rent Control: Rental Housing Act of 1985 (DC Code §42-3501 et seq.): applies to most residential units in DC not built after 1975 or owned by small landlords (4 or fewer units owner-occupied); annual increase capped at CPI + 2% (or 10% max); just cause eviction required. DC Basic Business License: required for all rental housing operations. Heating: Oct 15 through May 15; landlord must maintain 68°F. DC Housing Code (14 DCMR): comprehensive minimum standards for all rental housing including structural, plumbing, mechanical, electrical, and occupancy. DC Office of the Tenant Advocate: provides tenant legal assistance and advocates for habitability. Unique: DC requires landlords to offer lease renewal unless grounds for non-renewal exist.
Building Codes — Maine (ME) Rental Housing
Building Codes — Maine (ME) Rental Housing
Adopted code: Maine Building Codes based on 2015 IBC/IRC. Habitability statute: 14 MRS §6021 (warranty of habitability). Heating: Sept 15 through May 15; landlord must maintain 68°F in all habitable rooms (14 MRS §6021). Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; hardwired with battery backup in new construction; battery in existing (25 MRS §2464). CO detectors: required in all residential units with fuel-burning appliances or attached garage (25 MRS §2464-A). No repair-and-deduct right by statute. Tenant remedy: rent escrow petition or terminate lease after written notice and 14-day failure. Notable: Maine's housing code is part of the implied warranty of habitability statute — a single violation of 14 MRS §6021 can be asserted as a defense to eviction. Portland has enacted local rent control (3% cap) — held valid after 2021 referendum.
Building Codes — Iowa (IA) Rental Housing
Building Codes — Iowa (IA) Rental Housing
Adopted code: Iowa State Building Code based on 2018 IBC/IRC; local enforcement primary. Habitability statute: Iowa Code §562A.15 (Uniform Residential Landlord and Tenant Act). Heating: Sept 1 through June 1; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (Iowa Code §100.18). CO detectors: required in all residential units with fuel-burning appliances or attached garage (Iowa Code §100.35). Repair-and-deduct: yes — after written notice and landlord failure to repair within 7 days (or 24 hours for essential services); cap is $300 or half month's rent. Notable: Iowa City has strict local housing inspection program including annual inspections for rental properties. Iowa preempts local rent control.
Building Codes — South Dakota (SD) Rental Housing
Building Codes — South Dakota (SD) Rental Housing
Adopted code: South Dakota State Building Code based on 2015 IBC; enforcement is local. Habitability statute: SDCL §43-32-8 (landlord's duty to maintain). Heating: Oct 1 through April 30; landlord must provide working heat; no specific minimum temperature. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (SDCL §34-32-1). CO detectors: not required statewide. No repair-and-deduct right. Tenant remedy: terminate lease after 5-day notice and failure to provide essential services; sue for damages. Notable: South Dakota preempts local rent control. Sioux Falls has local housing code enforcement. South Dakota has minimal residential landlord-tenant law compared to most states; courts rely heavily on common law.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.