In Arkansas, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.
Who Can Serve Eviction Notices in Arkansas?
In Arkansas, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.
When Can Eviction Notices Be Served in Arkansas?
In Arkansas, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.
For unpaid rent in Arkansas, a landlord can choose between two notices: the 3 Day Notice To Quit and the 10 Day Notice To Quit. Both notices terminate the rental agreement and can be served anytime after the five (5) calendar day grace period of the rent due date.
The 3 Day Notice To Quit is for a civil eviction action that includes unpaid rent and possession of the unit. Once the notice is served, the tenant must move out within three (3) judicial days (not counting weekends and legal holidays).
The 10 Day Notice To Quit is for a criminal eviction action, which includes unpaid rent, possession of the premises and criminal misdemeanor charges against the tenant for not vacating the premises on time. Once the notice is served, the tenant has ten (10) judicial days (not counting weekends and legal holidays) to move out.
An Immediate Notice To Vacate is the eviction notice used for tenants that commit illegal crimes on the property. The landlord may deliver this notice on a judicial day, so eviction proceedings can begin the same day the notice is served, however this is not required and the notice can be served at any time.
Acceptable Forms of Service in Arkansas
Arkansas landlords may deliver an initial written eviction notice by any method which effectively brings the information to the tenant’s attention. The law presumes the following methods are valid:
- Hand delivery to the tenant
- Delivery by registered or certified mail to the tenant’s address of record or (if unknown) last known residence
Proof of mailing does not prove the other party’s receipt of notice. To account for variable delivery times, mailed notice extends a notice period by three (3) calendar days.
Obtaining Proof of Service in Arkansas
A landlord can demonstrate proof that a notice was delivered through the following methods:
- Hand Delivery – by completing a Declaration of Service at the time of delivery
- Certified or Registered Mail – via return receipt and by completing a Declaration of Service at the time of mailing
Arkansas Eviction and Lease Termination Notice Forms
| Notice Form | Grounds |
| 3 Day Notice To Quit | Eviction for Unpaid Rent (Civil Action) |
| 10 Day Notice To Quit | Eviction for Unpaid Rent (Criminal Action) |
| Immediate Notice To Vacate | Eviction for Illegal Activity |
| 14 Day Notice To Comply or Vacate | Eviction for Lease Violation |
| 7 Day Notice To Vacate | Ending a Weekly Lease |
| 30 Day Notice To Vacate | Ending a Monthly / Yearly Lease |
Sources
- 1 Ark. Code § 18-17-303
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(a) (1) A person has notice of a fact if: (A) The person has actual knowledge of it; (B) The person has received a notice or notification of it; or (C) From all the facts and circumstances known to him or her at the time in question, he or she has reason to know that it exists. (2) A person knows or has knowledge of a fact if he or she has actual knowledge of it. (b) (1) A person notifies or gives a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. (2) A person receives a notice or notification when: (A) It comes to his or her attention; or (B) In the case of the landlord, it is delivered at the place of business of the landlord through which the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication; or (C) (i) In the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to the tenant at the place held out by him or her as the place for receipt of the communication, or in the absence of the designation, to the tenant’s last known place of residence. (ii) Proof of mailing pursuant to this subsection constitutes notice without proof of receipt. (c) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to the individual’s attention if the organization had exercised reasonable diligence. (d) The time within which an act is to be done shall be computed by reference to the Arkansas Rules of Civil Procedure. - 2 Ark. R. Civ. P. 6(d)
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Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, commercial delivery company, or electronic transmission, including e-mail pursuant to Rule 5(b)(2), three (3) days shall be added to the prescribed period. Provided, however, that this subdivision shall not extend the time in which the defendant must file an answer or pre-answer motion when service of the summons and complaint is by mail or commercial delivery company in accordance with Rule 4.
