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In Arkansas, a landlord can refuse to renew the Tenant's lease for any or no reason (landlord must give the amount of notice that the lease provides for). For lease violations or for non-payment of rent, you can terminate the lease at any time.

There are 2 types of evictions that a landlord can use in Arkansas: A civil eviction called "Unlawful Detainer," or a criminal eviction called "failure to vacate."

Unlawful Detainer

1. Unlawful Detainer is started by giving the tenant a 3 day Notice to Vacate.
2. The Notice to Vacate must be hand-delivered or sent Certified Mail. The landlord should keep a copy of it to help prove it was delivered.
3. If the tenant does not leave after the 3 day notice period, the landlord must file a complaint against the Tenant for "Unlawful Detainer." The complaint form can be obtained from the court that handles evictions for the area where the property sits.
4. Once the Tenant is served with the lawsuit from the court, the tenant will have 5 days to file a written objection.
5. If the Tenant does not file a written objection, the landlord wins the case and can have the sheriff remove the tenant.
6. If the Tenant does file a written objection, then you must show up for your court date and ask the judge to grant the eviction. You will have to claim that rent was not paid (or other lease violation was not cured), and prove that you gave proper notice (by showing a copy of the 3 day notice to vacate that you gave the tenant).

Failure to Vacate

The Arkansas "Failure to Vacate" method of Eviction may only be used for non-payment of rent. This is started by giving the tenant a 10 day written Notice to Vacate. If the Tenant does not leave within the 10 day notice period, the Landlord can apply to have the Tenant charged with a criminal misdemeanor and fined $25.00 for each day after the 10 day notice that they illegally maintained possession of the property.

When you are beginning the Eviction Process, it is important to remember that this is a legal procedure. Act professional and keep good records at all times. For example, be sure to keep multiple copies of all letters and documents you deliver to your tenant. If your tenant does not leave after receiving your eviction notice, you may need to prove to a judge later that you in fact properly delivered that eviction notice.

If you end up having to file an eviction case, always make sure you file your eviction case in the right court. Every state is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on your state's website. When you go to file your eviction case, the clerk's office will tell you if you are in the right place, and if you are not, they are usually very helpful. Always treat court clerks kindly and with respect, and they will go the extra mile for you.

If you end up having to go to court, there are a few simple rules to follow. Show up early for your court date and politely ask the court clerk where to go. Always dress professionally or they might not let you in the courtroom. DO NOT allow your cell phone to ring in the Courtroom! Many judges impose $500.00 fines or confiscate your phone for over a week! Most of the time you will sit in the Courtroom and the judge will come out and give everyone instructions. He will then begin calling cases. Address the Judge as "Your Honor" or "Judge." Make sure to bring a copy of your Eviction Notice, your Lease, and any evidence you need, such as witnesses, lease violations, pictures, etc. Always be honest, even if it is to your disadvantage. A perjury conviction is worse than losing an Eviction case.