When you are done reading about the Arkansas Eviction Process below, we recommend you purchase the corresponding Arkansas Eviction Notice to be delivered to your Tenant.
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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 is started by giving the tenant a 3 day Notice to Vacate.
- 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.
- 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.
- Once the Tenant is served with the lawsuit from the court, the tenant will have 5 days to file a written objection.
- If the Tenant does not file a written objection, the landlord wins the case and can have the sheriff remove the tenant.
- 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.
Next Step: We recommend you purchase the corresponding Arkansas Eviction Notice to be delivered to your Tenant.
This site strives to have the most current information on state eviction laws and forms, however, legislatures and judges' rulings are always changing the laws. The information on this site is to be used as a guide, and is not to be used as legal advice, or as a substitute for the advice of an attorney. If you believe any information on this site is incorrect or needs to be updated, please Contact Us immediately.