Arkansas Eviction Laws & Process

Landlords in Arkansas must follow a precise legal process when removing a tenant. This guide explains each step in detail: lawful grounds for eviction, required notices, court procedures, expected timelines, and the key Arkansas laws that ensure compliance.

What is an eviction in the state of Arkansas?

Eviction in Arkansas is the formal legal process landlords must follow to regain possession of a rental property. It usually occurs when a tenant fails to pay rent, violates lease terms, or stays past the lease’s expiration. For it to work in your favor, the process requires careful adherence to notice periods and court procedures.

If you want the facts straight from the horse’s mouth, you can find Arkansas’s eviction laws in the Arkansas Code Annotated, Title 18, Chapter 17, which defines landlord and tenant duties, notice requirements, and the steps necessary to recover a rental unit lawfully

Common Reasons for Eviction in Arkansas

Arkansas law allows landlords to remove tenants for several lawful reasons, including:

Failure to Pay Rent

In Arkansas, landlords aren’t legally required to offer a grace period for late rent unless the lease explicitly allows one. Once rent goes unpaid for more than 5 days after the due date, the landlord can terminate the lease and issue a 3-Day Notice to Quit before filing for eviction in court. Some property owners instead pursue the criminal “failure-to-vacate” route, which involves serving a 10-Day Notice to Vacate before requesting charges.

Supporting law: Ark. Code §§ 18-17-901, 18-16-101

Breach of the Lease Agreement

A lease agreement defines the expectations and responsibilities for both landlords and tenants. When a tenant violates those terms, Arkansas landlords may have grounds to initiate an eviction.

Common lease violations include:

• Turning a quiet long-term rental into an unauthorized short-term Airbnb.
• Smoking inside a non-smoking property and leaving stains or lingering odors.
• Operating an unlicensed home car repair business in the driveway.

Lease agreements protect both sides. The clearer everyone is on the terms, the easier it is to prevent issues and maintain a professional landlord-tenant relationship.

Supporting law: Ark. Code §§ 18-17-601, 18-17-701

Illegal Activity on the Premises

Under Arkansas law, landlords can begin the eviction process if a tenant uses or allows the rental property to be used for illegal activity or as a public nuisance, which includes drug distribution, illegal gambling, prostitution, or unlicensed merchandise sales within a rental unit.

Even a single verified illegal incident can justify eviction. These actions endanger neighbors and violate the tenant’s implied duty to use the property lawfully.

Supporting law: Ark. Code §§ 18-16-501, 18-17-701(a)(1)

Damage to the Rental Property

When a tenant causes damage beyond normal wear and tear, landlords in Arkansas have the right to hold them accountable for repair and restoration costs. For example, scenarios like a broken window from a drunken airsoft gun mishap, cigarette burns scattered across the carpet, or a flooded ceiling caused by an overflowing bathtub could be cause for eviction.

To make those claims stick in court, landlords should document every instance of damage. They should keep detailed, dated records of every relevant repair, inspection, photo, invoice, and conversation with the tenant. A well-documented paper trail can strengthen a landlord’s case in court and support any deductions made from the security deposit.

Supporting law: Ark. Code § 18-17-701(a)(1)

Health & Safety Violations

Arkansas law requires tenants to keep their rentals clean, safe, and livable. When a renter’s behavior or neglect creates unsafe or unsanitary conditions, landlords can take action to end the tenancy and initiate eviction proceedings.

Common health and safety violations include:

• Letting animal waste build up indoors, creating foul odors and unsanitary living conditions.
• Using makeshift wiring or unapproved space heaters that overload electrical circuits.
• Allowing trash, food, or damp laundry to pile up resulting in mildew and pest problems.

When these situations arise, landlords should thoroughly document the conditions with dated photos, inspection notes, and written communications. They should then issue a 14-Day Notice to Cure or Vacate, describing the specific violation and giving the tenant 2 weeks to correct it or move out before the eviction process moves forward.

Supporting law: Ark. Code §§ 18-17-601, 18-17-701

Tenant is in a Month-to-Month Rental Contract

In Arkansas, landlords don’t need a specific reason to end a month-to-month rental agreement. If they’re ready for the tenant to move out, the landlord simply needs to provide at least 30 days’ written notice using a Notice to Terminate (month-to-month) letter.

If the tenant hasn’t vacated by the deadline, the landlord can move forward by filing an eviction case in court.

Supporting law: Ark. Code § 18-17-704(b)

The Complete Eviction Process in Arkansas

The Arkansas eviction process starts when the landlord serves a formal notice, moves through court filings and hearings, and concludes when law enforcement removes the tenant from the property.

The process follows these steps:

1. Landlord Issues Notice to the Tenant

When a tenant violates their lease or Arkansas law, the eviction process starts with proper notice.

For unpaid rent, tenants in Arkansas have 5 days after the due date to pay before the landlord can terminate the lease and start eviction proceedings. In these cases, landlords can issue a 3-Day Notice to Quit, giving the tenant one final opportunity to pay or leave. In rare situations, a landlord may pursue criminal failure-to-vacate charges, which require serving a 10-Day Notice to Vacate before filing charges.

If the tenant can remedy an issue (for instance, a minor lease violation or failure to maintain the property), the landlord may issue a 14-Day Notice to Cure or Vacate, which explains the issue and gives the tenant 2 weeks to correct it.

Some actions, however, like drug activity, significant property destruction, or other criminal behavior, provide grounds to end the tenancy without a chance to cure. In those cases, the landlord may serve an immediate Unconditional Notice to Vacate, requiring the tenant to move out with no opportunity to fix the violation.

Notice Forms & Timelines

• Nonpayment of rent: 3-Day Notice to Pay Rent or Quit
• Lease violation (curable): 14-Day Notice to Cure or Vacate
• Serious or illegal activity (non-curable): Unconditional Notice to Vacate
• Month-to-month termination: 30-Day Notice to Terminate Tenancy

Supporting law: Ark. Code §§ 18-17-701, 18-17-704

2. Landlord Files an Eviction Lawsuit With the Courts

If a tenant ignores their notice or refuses to leave after the deadline, the next step for an Arkansas landlord is to file a Complaint for Unlawful Detainer in district or circuit court. This filing asks the court to return possession of the rental unit officially and, if applicable, recover unpaid rent or property damages.

Before filing, landlords must show proof that they served the proper notice and that the tenant failed to vacate on time. Filing fees vary by county, usually between $60 and $165, depending on the jurisdiction and whether the landlord also seeks compensation for rent or damages.

Once submitted, the court clerk will process the case, issue a summons, and set a hearing date for both parties to appear.

Supporting law: Ark. Code § 18-60-304

3. Court Summons Paperwork Served to Tenant

Once the court clerk sets an eviction hearing date, the landlord must ensure that the tenant properly receives the summons and complaint. In Arkansas, a process server or sheriff typically handles this duty and must complete and sign a proof-of-service affidavit confirming they delivered the documents to the tenant. The landlord must then file the proof of service affidavit with the court, or they may need to restart the entire process.

After receiving the documents, the tenant will have 5 days (excluding Sundays and holidays) to file a written objection or answer with the court. If the tenant responds, a hearing will be scheduled to review the case. If they don’t file a response within that time, the court clerk may issue a Writ of Possession, which allows law enforcement to repossess the property on behalf of the landlord.

Supporting law: Ark. Code § 18-60-307

4. Tenant and Landlord Attend an Eviction Hearing

When the court date arrives, both the landlord and tenant (or their attorneys) must appear before the judge for the eviction hearing. Each side will present its case, explain what led to the dispute, and provide any supporting documents, photos, or written communication records.

The judge may scrutinize the lease agreement, payment history, inspection reports, or witness statements to verify the facts. Both parties can ask questions or clarify details about rent, property conditions, or alleged violations. After hearing both the landlord and tenant, the judge will carefully review the evidence and consider the matter before issuing a final decision.

Supporting law: Ark. Code § 18-60-307

5. Judge Reaches a Ruling

After reviewing all evidence, testimony, and lease documentation, the judge will determine whether the tenant violated the lease or Arkansas law. In most cases, the court will issue its ruling on the same day as the hearing or within a few days, depending on the court’s schedule and whether it needs more time to deliberate.

If the judge rules in favor of the tenant, they will dismiss the case and allow the tenant to remain in the rental under the current lease. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, allowing the landlord to request a Writ of Possession if the tenant does not vacate voluntarily.

Supporting law: Ark. Code §§ 18-60-307, 18-60-310

6. Judge Issues a Writ of Possession Authorizing Removal of Tenant

If the landlord secures a Writ of Possession, they will be allowed to enlist a sheriff or other law-enforcement officer to remove the tenant and return the property to their possession. After law enforcement serves the writ to the renter, they typically have about 24 hours to vacate the unit before law enforcement can physically remove the tenant and their belongings.

Important legal note: Landlords must never attempt self-help eviction by changing locks or taking possession without an executed writ.

Supporting law: Ark. Code §§ 18-60-307, 18-60-310

7. Law Enforcement Removes Tenant from Rental Property

If the court-imposed deadline passes and the tenant still hasn’t moved out, the landlord must rely on law enforcement to handle the eviction. In Arkansas, the county sheriff or local police chief can then enter the property, oversee the removal of the tenant and their belongings, and return the property to its rightful owner.

Once law enforcement carries out the eviction, any property the tenant leaves behind is considered abandoned under Arkansas law. Landlords may remove, sell, or dispose of these items as they see fit.

Supporting law: Ark. Code §§ 18-16-507, 18-16-108

Typical Eviction Timelines in Arkansas

The eviction process in Arkansas usually takes about 3 to 6 weeks from start to finish. The exact timeline depends on how quickly the landlord serves the tenant, whether the tenant contests the case, and how busy the local court docket is.

Here’s what landlords can typically expect:

Landlord Retaliation & Harassment During Eviction

Throughout the lease term (and especially during an eviction), Arkansas landlords should avoid any behavior that could be perceived as retaliatory or harassing. State law bans landlord retaliation only when a tenant reports lead-related hazards, but other forms of misconduct can still hurt an eviction case or lead to unfavorable legal repercussions.

Examples of landlord retaliation include:

• Raising rent soon after a tenant reports unsafe conditions.
• Refusing to renew a lease because the tenant filed a complaint.
• Filing for eviction right after a tenant exercises a lawful right.

Examples of landlord harassment include:

• Cutting off utilities to push a tenant to move.
• Changing locks without a court order.
• Entering the property repeatedly without notice.

Landlords who harass or retaliate against tenants risk weakening their eviction case. Tenants should thoroughly document any alarming behavior, contact legal assistance, and use it as a defense in court.

Supporting law: Ark. Code § 20-27-608

Tips for Tenants Attempting to Avoid Eviction

Eviction is the worst-case scenario for Arkansas renters, but level-headed action can help them avoid it. The tips below will help tenants protect their rights, preserve their housing options, and navigate the eviction process effectively.

Build a solid relationship with your landlord: Open communication, honesty, and consistent property care go a long way. Landlords are more likely to cooperate when they trust a tenant’s ability to resolve issues.

Understand your rights and obligations: Review Arkansas’s landlord-tenant laws so you know exactly what landlords can and cannot do during an eviction. Next, read your lease carefully, as it’ll reveal rent deadlines, maintenance expectations, and conduct standards.

Act fast when problems arise: If you fall behind on rent or break a lease or a lease term, contact your landlord immediately and propose a solution before the issue escalates into the court system.

Look for a compromise: Some landlords will accept partial payments, a repayment plan, or an agreed-upon move-out date instead of filing an eviction lawsuit. These negotiations can save you money and prevent an eviction from sullying your record.

Get legal support when needed: If an eviction case moves forward, reach out to a local tenant attorney or legal aid group. Experienced counsel can help you understand defenses, represent you in court, and protect your tenant rights.

For free or low-cost help, contact Legal Aid of Arkansas or the Center for Arkansas Legal Services.

Tips for Landlords Seeking to Evict Tenants

Eviction can be complex, and Arkansas landlords must follow state law meticulously to stay legal and protect their property rights. The practices below help ensure every step of the process holds up in court:

Avoid self-help eviction: Never change locks, shut off utilities, or remove a tenant’s belongings without a court order. Arkansas law strictly prohibits these actions, and violations can lead to penalties or legal liability.

Know the law before acting: Review the Arkansas Residential Landlord-Tenant Act to understand required notice types, filing procedures, and eviction timelines. Understanding the laws ahead of time can prevent you from botching the eviction process.

Offer a cash-for-keys agreement: Sometimes, handing a tenant a small lump of cash to vacate voluntarily is faster and cheaper than pursuing an eviction through the courts. This mutually beneficial approach can help you avoid legal fees, lost rent, and drama.

Document everything: Keep secure records of leases, payment histories, inspection reports, and communications. Organized evidence makes it easier to prove your case if and when the dispute ever reaches court.

Serve the correct notice: Match the notice to the issue. Late rent gives tenants a window to square up, while serious matters (such as illegal activity or significant property damage) allow for an Unconditional Notice to Vacate that gives the tenant a fixed deadline to leave.

Tools to Prepare for the Arkansas Eviction Process

Evictions in Arkansas can be stressful, but preparation helps landlords stay in control. TurboTenant gives over 850,000 landlords the tools to create state-specific leases, store vital records, handle tenant communications, and track rent payments.

Create your free account today to manage every property with poise.

Arkansas Eviction Laws & Process FAQs