Updated July 14, 2023
An Arkansas eviction notice is a letter sent from a landlord to a tenant to identify a lease violation. The most common infraction is late rent but can be any type of non-compliance. The tenant will have the specified number (#) of days to fix the issue. If not, the tenant will be required to vacate the premises. The landlord has the right to file an Unlawful Detainer at the County Circuit Court.
By Type (3)
3-Day Notice to Quit (Non-Payment of Rent) – This is the notice that may be served if a tenant fails to pay his or her rent within five days of the date that it is due.
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14-Day Notice to Quit (Non-Compliance) – In the event that the tenant breaches other provisions of the lease, not related to the payment of rent, such as having other people stay on the premises or having a forbidden pet, a landlord may serve this notice./
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30-Day Notice to Quit (Month-to-Month Tenancy) – This notice is for terminations of leases in the normal course of business, for instance when the lease is a month-to-month lease, or when the term is up and the landlord does not intend to renew the lease.
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Table of Contents |
Eviction Laws
- Rent Grace Period (§ 18-17-701(b)): 5 days
- Non-Payment of Rent (§ 18-60-304(3)): 3 days
- Non-Compliance (§ 18-17-701): 14 days
- Termination (Month-to-Month Lease) (§ 18-17-704): 30 days
- Eviction Lawsuit: (§ 18-17-9) Eviction Proceedings (§ 18-60-3) Unlawful Detainer
Court Forms
Civil Case Cover Sheet – The Cover Sheet is to be filed by the landlord with the court along with the Summons and Complaint. The information contained therein is for statistical purposes exclusively.
Complaint – The Complaint is a document that is filed with the court and served on the tenant to indicate their violations of the lease agreement and the reasons for which they are being sued.
Summons – The Summons is filed with the court then served on the tenant to formally inform them that a lawsuit was filed against them. The Proof of Service must be completed by the server once the tenant has received the requisite forms.
Answer – The tenant (defendant) will have the ability to file an answer with the court, pleading guilty or contesting the claims made against them.
Writ of Possession – This document can be obtained following a ruling in favor of the landlord. It proves that the landlord legally possesses the property and that the tenant must vacate within twenty-four (24) hours or be forcibly removed by the sheriff’s department.
When is Rent Due?
Rent is due within 5 days of the due date, otherwise, the Landlord may terminate the lease agreement (§ 18-17-701).
How to Evict (Process)
In the event a tenant breaches the terms of a lease and you need to seek to have them evicted, you should follow the following steps:
Step 1 – If a tenant is not in compliance with the terms of the lease, you must serve the tenant with a notice to quit. If they fail to pay rent within 5 days of the date the rent is due, you may serve a 3-Day Notice to Quit (Non-Payment of Rent). For other breaches, you may serve a 14-Day Notice to Quit (Non-Compliance) and to inform the tenant of the termination of the lease in the normal course of business, you may serve a 30-Day Notice to Quit (Month to Month).
Step 2 – If the tenant fails to respond to the notice to quit the landlord may file an action in the Arkansas Circuit Court. The following documents will need to be filed, along with a $165 filing fee:
- Cover Sheet;
- Summons;
- Complaint;
- Notice of intent to issue a writ of possession.
Step 3 – The landlord then must obtain the services of a process server to serve the documents on the tenant.
Step 4 – The tenant has 5 days to pay the owed rent and to file an answer with the court. If the tenant fails to do either of these requirements, the court may issue a writ of possession which will give possession of the premises back to the landlord and the tenant will be barred from accessing the premises.
Step 5 – A landlord may then go after the tenant for damages including unpaid rent, cleaning costs, court costs, and other damages.