AR SB951

Courts may refuse to enforce unconscionable rental agreements or provisions, enforce the remainder without the unconscionable provision, or limit its application to avoid an unconscionable result.

Rental agreements cannot require tenants to waive rights, authorize confession of judgment, require payment of landlord's attorney's fees, or exculpate landlords from liability; violations result in unenforceability and tenant recovery of up to 3 months' rent plus attorney's fees if landlord knowingly uses prohibited provisions.

Landlords must disclose in writing the name, telephone number, and contact information of the property manager and owner before tenancy begins; failure to comply makes the landlord an agent for service of process and performance of landlord obligations.

Landlords must maintain premises in safe and habitable condition per building codes, make necessary repairs, provide utilities (water, heat, hot water), supply smoke and carbon monoxide detectors, and maintain all structural components and systems in good working order.

Landlords cannot retaliate against tenants who complain to government agencies about building/housing code violations, complain to the landlord about maintenance issues, or organize tenant unions; tenants have a defense to eviction and can recover up to 3 months' rent plus attorney's fees if retaliation occurs.

Landlords must provide at least 2 days' notice before entry except in emergencies; unlawful or unreasonable entry allows tenants to obtain injunctive relief or terminate the lease and recover at least 1 month's rent plus attorney's fees.