An Arkansas eviction notice is a legal document landlords use to notify tenants that they must leave the rental property. Some of the reasons for eviction include lease violations, non-payment of rent, illegal activity by the tenant, or an expired tenancy.
In Arkansas, an eviction notice is the first step in the eviction process, and it provides the tenant with a deadline to vacate the premises.
In some cases, a breach of the lease can be curable, meaning the tenant has a chance to remedy the situation and avoid eviction. However, other breaches are not curable and require the tenant to vacate the property regardless.
Types of Eviction Notices in Arkansas
In Arkansas, there are different types of eviction notices that landlords can serve to tenants, depending on the reasons for the eviction and the terms of the rental agreement.
Notice to Pay Rent or Quit
When a tenant fails or refuses to pay rent on time, the landlord can serve a written notice to quit, demanding that the tenant vacate the rental property within three days.
By giving a written notice, either the landlord or the tenant can terminate a week-to-week tenancy. The notice must be given at least seven days before the agreed-upon termination date.
Landlords can serve a written notice to tenants in violation of the rental agreement, specifying the non-compliance.
The notice must state the rental agreement will terminate in 14 days if the issue is not remedied. If not corrected, the rental agreement is terminated, and the landlord can begin the eviction process.
In Arkansas, either the landlord or the tenant may end a month-to-month tenancy by giving the other party written notice of their intent to do so. The notice must be given at least 30 days before the specified termination date.
Eviction Laws and Requirements in Arkansas
Laws & Requirements
Rent grace period. Before they are charged a late fee, tenants have five days to make a payment. (§ 18-17-701(b)
Non-payment of rent. The landlord can initiate an eviction case if the tenant does not pay the overdue rent or leave the property within three 3 days. (§ 18-60-304(3))
Lease violation. Before terminating the rental agreement, the landlord must give the tenant 14 days to fix the violation. (§ 18-17-701(a))
Month-to-Month. The landlord or tenant can terminate a month-to-month tenancy by giving written notice at least 30 days before the termination date. (§ 18-17-704(b))
Week-to-week. Each party must provide written notice to the other at least 7 days before the desired termination date. (§ 18-17-704(a))
Legal process. After receiving the order from the district court, the tenant has 10 days to comply or defend. (§ 18-17-902)
Unlawful detainer. Actions such as refusing to surrender property after demand for possession, neglecting to pay rent or maintain the property, and allowing the premises to become a public nuisance. (§ 18-60-304)
In Arkansas, a rent payment is considered late if it is not made by the due date specified in the rental agreement. Landlords can provide a grace period for late rent payments, which is typically five days, after which the landlord can begin eviction proceedings against the tenant.
Therefore, tenants who fail to pay their rent on time are at risk of being evicted.
Grounds for Eviction in Arkansas
In Arkansas, a landlord can start eviction proceedings against a tenant for the following reasons:
Grounds for Eviction
Violation of the terms and conditions of the rental agreement
Failure to pay rent when due or when demanded by the landlord
End of the term of tenancy or occupancy
Illegal activities on the rental property, such as drug use or distribution
Causing damage to the rental property. (§ 18-17-901)
Eviction Process in Arkansas
Arkansas law requires landlords to follow specific procedures when evicting tenants, and failure to do so can result in legal consequences.
#1. Write a Notice
In Arkansas, the landlord must give the tenant a formal notice of their intent to evict them before the process can begin. The grounds for the eviction and the date by which the tenant must vacate the property must be specified in the notice. The notice period required depends on the reason for the eviction.
#2. File the Complaint
If the tenant does not vacate the premises by the date provided in the notice, as a landlord, you can file an eviction complaint with the local district court.
#3. Serve the Tenant
After the complaint has been filed, a copy must be served to the tenant, along with a summons to appear in court.
#4. Wait for Court’s Judgment
After the tenant has been served, the court will hold a hearing to determine whether or not to grant the eviction. If the court grants the eviction, the tenant will be given a certain amount of time to vacate the premises.
Other Eviction Notice Court Forms in Arkansas
Other Eviction Notice Court Forms
Civil cover sheet. A document that the landlord must file with the court when initiating an eviction proceeding, along with the summons and complaint.
Complaint. A legal document that a landlord or their agent files with a district court to initiate an eviction action against a tenant for non-compliance with the rental agreement or other grounds.
Summons. When a landlord files a lawsuit against a tenant, they must file a legal document called a "summons" with the court. The tenant must then be served with a copy of the summons, typically by a process server, and the server must complete a "Proof of Service" document to confirm that the summons was delivered to the tenant.
Answer. The tenant has 10 days to respond to the court's order and show cause why they should not be evicted.
Writ of Possession. If the tenant fails to vacate or show cause within the specified timeframe, the district court may issue a writ of possession authorizing the landlord to take possession of the property and remove the tenant.
Eviction Information for Landlords in Arkansas
Landlords have several rights and responsibilities when evicting tenants in Arkansas.
They must provide tenants with written notice before beginning the eviction process and cannot evict tenants based on factors such as race, gender, religion, or disability.
Landlords must also follow proper procedures when evicting tenants, including providing a complaint for eviction to the local district court and serving the tenant with a copy of the complaint and a summons to appear in court.
Eviction Information for Tenants in Arkansas
Tenants have the right to be treated equally regardless of their ethnicity, gender, religion, or disability, but they also have to act in accordance with the terms of the lease.
Those who do not comply with the terms of the contract and fail to make timely, full rent payments risk being evicted.
Tenants also have the right to defend themselves in court against eviction and to present evidence in their favor.
How to Write an Eviction Notice in Arkansas
Arkansas Eviction Notice Checklist
Arkansas Eviction Notice FAQ
You can file an eviction notice when the tenant fails to pay rent, violates the lease agreement, or wrongfully occupies the property after the lease or rental agreement has expired.
An eviction notice is required by Arkansas law to inform the tenant of the grounds for eviction and give them a chance to rectify the situation before legal action is taken.
The length of time required to evict a tenant can differ depending on the circumstances but is typically between 30 and 90 days.
Yes, a 3-day eviction notice is legal for non-payment of rent, and it must be given to the tenant before a legal eviction can proceed.