Arkansas Eviction Notice

Landlords use an Arkansas eviction notice as formal communication to tenants, indicating lease violations such as unpaid rent, lease violations, or illegal activities on the property. Furthermore, this notice specifies the nature of the violation and provides a designated timeframe for tenants to rectify the issue or vacate the premises.

Types of Arkansas Eviction Notice Forms

Short-Term Notices

1. 3 Day Notice To Quit

Grounds: Unpaid Rent (Civil Action)
Details: Tenants must pay the past due balance or move out within three judicial days after receiving notice. Additionally, rent becomes past due five calendar days after it is normally due.

2. 10 Day Notice To Quit

Grounds: Unpaid Rent (Criminal Action)
Details: Tenants must pay the past due balance or move out within ten judicial days. Furthermore, failure to comply may result in misdemeanor charges and daily fines.

3. Immediate Notice To Vacate

Grounds: Illegal Activity
Details: Tenants must vacate immediately upon receiving notice.

Standard Notices

4. 14 Day Notice To Comply or Vacate

Grounds: Lease Violations (Curable)
Details: Tenants must correct the lease violation or vacate within fourteen calendar days.

5. 30 Day Notice To Vacate

Grounds: Termination of Monthly/Yearly Lease
Details: Landlords use this notice to terminate rental agreements. Additionally, it requires at least thirty days’ notice before termination.

How to Write an Eviction Notice in Arkansas

Required Elements

To ensure legal compliance, landlords must include the following elements in eviction notices:

Tenant’s full name and address
Specific lease violation and any balance due
Date of termination
Printed name and signature of the landlord, including the landlord’s address of record
Date and method of notice delivery, along with printed name and signature

How to Calculate Expiration Date in Arkansas

Notice Period Calculation

The notice period begins the day after landlords deliver the notice. For example, to provide a 30-day notice effective June 30, landlords must deliver the notice by May 31.

Furthermore, if the last day of the notice period falls on a weekend or legal holiday, the period extends to the next judicial day.

How to Serve an Eviction Notice in Arkansas

Delivery Methods

Landlords can deliver eviction notices through:

Hand delivery to the tenant
Registered or certified mail to the tenant’s address of record or last known residence

Mail Delivery Considerations

If landlords mail the notice, the notice period extends by three calendar days. Therefore, landlords should consider this extension when calculating deadlines.

Arkansas Eviction Process

Step 1: Serve Notice

Landlords must serve tenants with the appropriate eviction notice.

Step 2: Wait for Tenant Response

If tenants comply, no further action is needed. However, if tenants do not comply, landlords may proceed with legal action.

Step 3: File Court Documents

If tenants do not comply, landlords can file an unlawful detainer action in the Arkansas Circuit Court. Additionally, this includes a filing fee of $165 and necessary documents (Cover Sheet, Summons, Complaint, Notice of intent to issue a Writ of Possession).

Step 4: Court Hearing

The court will schedule a hearing where both parties can present their cases. Furthermore, judges will review all evidence and testimony.

Step 5: Writ of Possession

If courts rule in favor of landlords, they may issue a Writ of Possession. Consequently, this allows landlords to regain possession of the property.

Step 6: Pursue Damages

Landlords may seek damages for unpaid rent, cleaning costs, and other expenses. Additionally, courts can award these damages as part of the judgment.

Statutes

A.C.A. § 18-16-303 – Security Deposit Exceptions
A.C.A. § 18-16-304 – Security Deposit Maximum
A.C.A. § 18-16-305 – Deadline for Returning Security Deposit
Ark. Code § 18-16-306 – Remedies
A.C.A. § 5-37-307 – Returned Check Fees (Part 1)
A.C.A. § 5-37-304 – Returned Check Fees (Part 2)
A.C.A. § 18-17-401 – Rent Is Due
A.C.A. § 18-17-701(b) – Rent Grace Period
A.C.A. § 18-17-701(2) – Landlord Allowed to Recover Court and Attorney Fees (Part 1)
A.C.A. § 18-17-704 – Landlord Allowed to Recover Court and Attorney Fees (Part 2)
A.C.A. § 18-17-704 – Notice to Terminate Tenancy (Month-to-Month Lease)
A.C.A. § 18-17-704 – Notice to Terminate Tenancy (Week-to-Week Lease)
A.C.A. § 18-17-701 – Termination for Nonpayment (Part 1)
A.C.A. § 18-16-101 – Termination for Nonpayment (Part 2)
A.C.A. § 18-17-901(b) – Termination for Nonpayment (Part 3)
A.C.A. § 18-17-601 – Tenant’s Duties
Ark. Code § 18-17-602 – Access
A.C.A. § 18-16-108 – Abandonment of Personal Property
A.C.A. § 18-16-112(b) – Domestic Violence Situations: Protection from Termination
A.C.A. § 18-16-112(b) – Domestic Violence Situations: Locks
A.C.A. § 18-16-112(d) – Domestic Violence Situations: Proof of Status
A.C.A. § 18-60-304 – Termination for Lease Violation
A.C.A. § 20-27-608 – Retaliation Prohibition (Lead Hazards)
A.C.A. § 16-56-111 – Statute of Limitations for Written Contracts
Ark. Code § 18-17-502(d)(3) – Implied residential quality standards
Ark. Code Ann. § 18-17-301 – General Definitions

FAQs

An Arkansas eviction notice is a legal document sent by landlords to tenants to address lease violations such as unpaid rent, lease breaches, or illegal activities. It specifies the violation and provides a set number of days for the tenant to correct the issue or vacate the property, allowing landlords to enforce lease terms while giving tenants a chance to resolve the problem.

A tenant has three judicial days to respond to a 3-Day Notice to Quit in Arkansas, which is issued for nonpayment of rent. This period does not include weekends or legal holidays, and if the tenant does not pay the overdue rent or vacate the premises within this timeframe, the landlord may pursue a civil eviction action.

In Arkansas, there are several types of eviction notices, including the 3-Day Notice to Quit for unpaid rent, the 10-Day Notice to Quit for criminal nonpayment of rent, the 14-Day Notice to Comply or Vacate for lease violations, and the 30-Day Notice to Vacate for terminating month-to-month leases. Each notice serves a specific purpose and has different requirements.

After serving an eviction notice in Arkansas, the landlord must wait for the tenant to comply. If the tenant does not respond or rectify the issue within the specified notice period, the landlord can file an unlawful detainer action in the local court, which involves submitting necessary documents and paying a filing fee.

No, a landlord cannot evict a tenant without first providing a proper eviction notice in Arkansas. The eviction process requires that the landlord serve the tenant with a notice that specifies the reason for eviction and the time allowed for the tenant to respond or vacate the property.

If a tenant does not comply with an eviction notice in Arkansas, the landlord can file an eviction lawsuit, known as an unlawful detainer action, in the local court. If the court rules in favor of the landlord and the tenant still refuses to vacate, the landlord can obtain a writ of possession to regain control of the property.

An eviction notice in Arkansas can be served through various methods, including hand delivery to the tenant or sending it via registered or certified mail to the tenant’s address. It is crucial that the notice is delivered properly to ensure it is legally recognized.

In Arkansas, the notice periods vary based on the reason for eviction: a 3-Day Notice for nonpayment of rent, a 14-Day Notice for lease violations, and a 30-Day Notice for terminating month-to-month leases. These timeframes are mandated by Arkansas law to ensure tenants have adequate time to respond.