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 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 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
A landlord can deliver notices in Arkansas using any of the below acceptable methods:
- Handing the notice to the tenant in person;
- Handing the notice to the tenant’s family member, over the age of eighteen (18) AND mailing the notice by certified or registered mail with a return receipt;
- Mailing the notice by certified or registered mail with a return receipt.
When sending the notice by certified or registered mail, add three (3) additional calendar days to the notice period to account for variability in post office delivery times.
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 & 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 Conduct |
| 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 Lease |
Sources
- 1 AR Code § 18-17-303
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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.
Source Link - 2 Arkansas Court Rules of Civil Procedure - Rule 6
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Computation. In computing any period of time prescribed or allowed by these rules, by order of the Court or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, legal holiday, or other day when the clerk’s office is closed, in which event the period runs until the end of the next day that the clerk’s office is open. When the period of time prescribed or allowed is less than fourteen (14) days, intermediate Saturdays, Sundays, or legal holidays shall be excluded in the computation.
Source Link
