If you’re a landlord seeking to evict a tenant for violating one or more terms of your Rental Agreement, use an Arkansas (AR) eviction notice to begin the process.
Your notice must be written according to Arkansas state law and give your tenant the legally required time to respond or move out.
- What is an Eviction Notice?
- Arkansas Eviction Notices by Type
- Arkansas Laws & Requirements for Evictions
- What is the Eviction Process in Arkansas?
- Related Arkansas Court Forms
- Arkansas Landlord-Tenant Eviction Information
- How to Write an Eviction Notice (Notice to Pay Rent or Quit)
- Arkansas Eviction Notice Sample
What is an Eviction Notice?
An eviction notice is a legally binding document a landlord gives to a tenant to begin removing the tenant from a rental property due to a violation of one or more lease terms.
In Arkansas, eviction lawsuits are governed by Subchapter 9 in Title 18, Subtitle 2, Chapter 17(Arkansas Residential Landlord-Tenant Act of 2007) of the Arkansas Code.
An eviction notice in Arkansas is also called an:
- Arkansas Notice to Quit
- Arkansas Notice to Quit for Nonpayment of Rent
- Arkansas Notice to Quit for Non-Compliance
- Arkansas Notice to Vacate
Arkansas Eviction Notices by Type
Download a free eviction notice customized for Arkansas state law below in MS Word (.docx) or Adobe PDF format.
30-Day Notice Lease Termination: Use a 30-day notice to vacate to let a tenant know that you’re ending a month-to-month lease agreement and that they must prepare to leave your property.
In Arkansas, landlords must give tenants a 30-day notice period to move out if they’re on a month-to-month rental agreement.
Download: Word (.docx) or Adobe PDF
14-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease agreement.
In Arkansas, landlords must give tenants 14 days’ notice before the eviction process can proceed in court. During that time, tenants may have the option to fix (or “cure”) the problem to avoid eviction.
Download: Word (.docx) or Adobe PDF
3-Day Notice to Pay Rent or Quit: 3-Day Notice to Pay Rent or Quit: Use this notice to begin the eviction process if the tenant hasn’t paid rent by the due date.
In Arkansas, landlords must give tenants a three (3) day notice period to pay rent before the eviction process can proceed in court.
Download: Word (.docx) or Adobe PDF
If you wish to send a letter simply reminding your tenant that rent is late, use a late rent notice.
Arkansas Laws & Requirements for Evictions
- Eviction Lawsuit: Eviction Proceedings and Unlawful Detainer (Arkansas Code §§ 18-17-901-913 and§§ 18-60-301-312)
- Grace Period for Rent Payment: 5 days (Arkansas Code § 18-17-701(b))
- Late or Non-Rent Payment Notice: 3 days (Arkansas Code § 18-60-304(3))
- Notice of Non-Compliance: 14 days (Arkansas Code § 18-17-701(a))
- Lease Termination (Month-to-Month): 30 days (Arkansas Code § 18-17-704)
What is the Eviction Process in Arkansas?
Landlords can use the following eviction process as a guideline for what to expect.
Step 1: Deliver Notice
The landlord must give the tenant the appropriate notice to begin the eviction (unlawful detainer) process.
Step 2: Wait for Tenant to Act
If the tenant fixes (or “cures”) the problem or moves out within the required timeframe, then no further action is necessary.
Step 3: File Initial Court Documents
Suppose the tenant refutes the notice or fails to cure the breach(es). In that case, the landlord may file an unlawful detainer action in the Arkansas Circuit Court by paying a filing fee (currently $165) and filing the following documents:
- Cover Sheet
- Summons
- Complaint
- Notice of intent to issue a Writ of Possession
Step 4: File Forms Before Hearing
Once the court receives the complaint and summons, the court will set a date for the hearing. The landlord must then serve legal documents to the tenant by mail (first class, certified mail, or registered mail), via personal delivery, or using a civil process server.
This person will provide an affidavit of service for the landlord to file with the court.
Step 5: Tenant Answers the Complaint
After receipt of the summons, the tenant has 5 days to object in writing by filing an answer with the court.
The court will decide if:
- the landlord or the tenant is correct at the hearing
- are there any damages owed
If the tenant doesn’t pay the owed rent or file an answer with the court, the court may issue a writ of possession, where the landlord will receive the property back and the tenant will be removed and barred from the premises.
Step 6: Follow Up on Other Damages
If there are other damages, including unpaid rent, cleaning, and court costs, a landlord may go after the tenant even after the tenant has been officially evicted.
Related Arkansas Court Forms
- Civil Action Cover Sheet: The landlord must file the Cover Sheet with the court along with the Summons and Complaint.
- Complaint: A document that the landlord files with the court and serves on the tenant that states the reason(s) for the eviction.
- Summons: The landlord files a Summons with the court, and then it is served on the tenant to formally let them know a lawsuit has been filed against them. Once the tenant receives the forms, the server must complete the Affidavit or Proof of Service.
- Answer: The tenant (defendant) will be able to respond by filing an answer with the court.
- Writ of Possession: If the ruling favors the landlord, they can request this document from the court. A Writ of Possession is a court order that returns the legal possession of the property to the landlord and affirms that the tenant must leave the premises within twenty-four (24) hours or be forcibly removed by the county sheriff.
Arkansas Landlord-Tenant Eviction Information
Landlords and tenants can use the following to help guide their journey through eviction.
Landlords
Under Arkansas law, landlords must not engage in retaliatory actions such as locking tenants out of the rental property, removing their belongings, or shutting off utilities without a court order.
Visit the Arkansas Attorney General website for more information on your legal rights and obligations as an Arkansas landlord.
Certain security deposit laws apply if the landlord rents six or more properties. The landlord must return the security deposit within 60 days after the lease ends but may deduct from the deposit any monies held to repair damages or any past due rent.
Tenants
Tenants also have legal rights in Arkansas during the eviction process. You may be able to put up a defense depending on the circumstances of your eviction. Read the notice carefully to know exactly what’s happening and what you need to do.
Tenants may be entitled to sue their landlord if an eviction notice is served improperly or if a retaliatory eviction is underway.
Landlords may not discriminate or evict tenants based on race, color, national origin, creed, religion, gender, disability, or familial status.
If you’re facing eviction, visit the following websites for more information on how to receive legal help:
- Arkansas Attorney General: Landlord and Tenant Rights
- Arkansas Legal Services Landlord and Tenant Law
- Arkansas Community Action Agencies
- Arkansas Fair Housing Commission
How to Write an Eviction Notice (Notice to Pay Rent or Quit)
Use the guide below to write an eviction notice in Arkansas.
Step 1 – Fill Out the Date of Notice
Write the date of the eviction notice.
Step 2 – Enter Tenant Information and Property Address
Provide the name of all tenants listed on the original lease or rental agreement. Enter the full street address for the rental property.
Step 3 – Enter Lease/Rental Agreement Information
Provide the name (or title) and the original lease or rental agreement date.
Step 4 – Enter Late Rent Details
Provide the beginning and end dates for the period in which the rent is past due. Write the amount of the past due rent, the amount of late fees (if any), and the total amount owed by the tenant to the landlord.
Step 5 – Sign Notice and Enter Landlord Information
The landlord will sign and date the eviction notice. Provide the landlord’s current contact information so the tenant can contact the landlord if necessary.
Step 6 – Provide Proof of Service
Proof of service is an affidavit that shows that the eviction notice was served to the tenant.
Enter the date of delivery. This is important because it provides evidence of the date the notice is delivered to the tenant, which starts the number of days the tenant has to pay the past due rent (3 days) or vacate the property.
Arkansas Eviction Notice Sample
Below is an example of what an Arkansas eviction notice looks like.