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2017 Arkansas Code
Title 18 - Property
Subtitle 2 - Real Property
Chapter 17 - Arkansas Residential Landlord-Tenant Act of 2007
Subchapter 3 - General Definitions and Principles of Interpretation -- Notice
§ 18-17-301. General definitions
Universal Citation: AR Code § 18-17-301 (2017)
- As used in this chapter:
- (1) "Action" means a recoupment, counterclaim, suit in equity, and any other proceeding in which rights are determined, including without limitation an action for possession;
- (2) "Building and housing codes" means any law, ordinance, or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance of any premises or dwelling unit;
- (3)
- (A) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain a common household and includes landlord-owned mobile homes.
- (B) Property that is leased for the exclusive purpose of being renovated by the lessee is not considered a dwelling unit within the meaning of this chapter;
- (4) "Good faith" means honesty in fact in the conduct of the transaction concerned;
- (5) "Landlord" means the owner, lessor, or sublessor of the premises, and it also means a manager of the premises who fails to disclose as required by this subchapter;
- (6) "Organization" means a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two (2) or more persons having a joint or common interest, and any other legal or commercial entity;
- (7) (A) "Owner" means one (1) or more persons, jointly or severally, in whom is vested all or part of:
- (i) The legal title to property; or
- (ii) All or part of the beneficial ownership and a right to present use and enjoyment of the premises.
- (B) "Owner" includes, but is not limited to, a mortgagee in possession;
- (8) "Person" means an individual or organization;
- (9) "Premises" means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant;
- (10) "Rent" means the consideration payable for use of the premises, including late charges whether payable in lump sum or periodic payments, excluding security deposits or other charges;
- (11) "Rental agreement" means all agreements, written or oral, and valid rules adopted under this subchapter embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises;
- (12) "Roomer" means a person occupying a dwelling unit:
- (A) That does not include the following facilities provided by the landlord:
- (i) Toilet;
- (ii) Bathtub or shower;
- (iii) Refrigerator;
- (iv) Stove; and
- (v) Kitchen sink; and
- (B) Where one (1) or more of these facilities are used in common by occupants in the structure;
- (A) That does not include the following facilities provided by the landlord:
- (13) "Security deposit" means a monetary deposit from the tenant to the landlord to secure the full and faithful performance of the terms and conditions of the rental agreement as provided in this chapter;
- (14)
- (A) "Single family residence" means a structure maintained and used as a single dwelling unit.
- (B) Notwithstanding that a dwelling unit shares one (1) or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit;
- (15) "Tenant" means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others; and
- (16) "Willful" means an intentional attempt to avoid obligations under the rental agreement or the provisions of this chapter.
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