Right now, if you’re chilling in Arkansas, guess what? Landlords and property folks aren’t forced by any rules to tackle mold problems in their places.

Although there is no written law, landlords do have the responsibility to keep a tenant’s home safe and habitable and to take all necessary precautions to ensure the safety of their tenants.

In this article, we have put together comprehensive and valuable information for both tenants and landlords.

Currently, there are no specific laws or regulations requiring property owners to remediate the presence of mold in a rental property. Combating mold has to be a shared responsibility between both the landlord and the tenant.

Does Arkansas State have mold laws

Landlord responsibilities

Landlords in Arkansas are only required to give a unit “as-is” and are not generally responsible for making repairs.

Landlords are only required to make repairs if they are specified in the lease agreement.

Arkansas is one of the few states that does not have either an explicit or implicit warranty of habitability.

Also, Arkansas law makes landlords essentially immune from almost all liability to tenants.

Tenants responsibilities

Tenants in the first place have to pay rent in a timely manner.

Aside from that, the tenant must keep the unit in line with cleanliness standards, and not disturb other tenants or neighbors.

Arkansas tenants have very few housing rights under Arkansas law. They are assumed responsible for making any repairs or maintenance on the unit.

Also, tenants cannot withhold rent or make repairs and deduct the cost from future rent payments.

If the mold presence is not due to the tenant’s neglect, the landlord will be responsible for any needed repairs.

Note: See full list of states and mold laws here

Who is responsible for cleaning mold in a rental property?

Even without specific law that governs mold problems in a rental, the landlord can still be held responsible for fixing the problem.

All states but Arkansas hold the landlords responsible for maintaining fit and habitable housing and repairing the rental property. This extends to fixing leaking pipes, windows, and roofs.

But, if the tenant can convince the judge and jury of the landlord’s negligence and failure to repair the defects that caused mold that lead to health problems, then he/she might be able to hold the landlord responsible.

Who is responsible to clean the mold in a rental property

Mold growth due to tenant neglect

The liability significantly changes if the tenant’s behavior is the reason for mold growth.

Several reasons such as keeping the apartment tightly shut, providing high humidity, or simply failing to maintain the necessary cleanliness can bring the tenant to the position of a mold maker.

Tenants have a responsibility to maintain the rental unit, so the landlord is not respons