Arkansas Eviction Notice
An Arkansas eviction notice is a formal communication from a landlord to a tenant, indicating a lease violation such as unpaid rent, lease violations, or illegal activities on the property. This notice specifies the nature of the violation and provides a designated timeframe for the tenant to rectify the issue or vacate the premises.
Arkansas Eviction Notice
Types of Arkansas Eviction Notice Forms
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3 Day Notice To Quit
- Grounds: Unpaid Rent (Civil Action)
- Details: The tenant must pay the past due balance or move out within three judicial days after receiving notice. Rent is considered past due five calendar days after it is normally due.
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10 Day Notice To Quit
- Grounds: Unpaid Rent (Criminal Action)
- Details: The tenant must pay the past due balance or move out within ten judicial days. Failure to comply may result in misdemeanor charges and daily fines.
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Immediate Notice To Vacate
- Grounds: Illegal Activity
- Details: The tenant must vacate immediately upon receiving notice.
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14 Day Notice To Comply or Vacate
- Grounds: Lease Violations (Curable)
- Details: The tenant must correct the lease violation or vacate within fourteen calendar days.
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30 Day Notice To Vacate
- Grounds: Termination of Monthly/Yearly Lease
- Details: This notice is used to terminate a rental agreement and requires at least thirty days’ notice before termination.
How to Write an Eviction Notice in Arkansas
To ensure legal compliance, an eviction notice should include the following elements:
- 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
The notice period begins the day after the notice is delivered. For example, to provide a 30-day notice effective June 30, the notice must be delivered by May 31. 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
Landlords can deliver an eviction notice through:
- Hand delivery to the tenant.
- Registered or certified mail to the tenant’s address of record or last known residence.
If mailed, the notice period is extended by three calendar days.
Arkansas Eviction Process
- Serve Notice: The landlord must serve the tenant with the appropriate eviction notice.
- Wait for Tenant Response: If the tenant complies, no further action is needed. If not, the landlord may proceed.
- File Court Documents: If the tenant does not comply, the landlord can file an unlawful detainer action in the Arkansas Circuit Court, including a filing fee of $165 and necessary documents (Cover Sheet, Summons, Complaint, Notice of intent to issue a Writ of Possession).
- Court Hearing: The court will schedule a hearing where both parties can present their cases.
- Writ of Possession: If the court rules in favor of the landlord, a Writ of Possession may be issued, allowing the landlord to regain possession of the property.
- Pursue Damages: The landlord may seek damages for unpaid rent, cleaning costs, and other expenses.
Important Legal Citations
- 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).
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
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.