From start to finish, an eviction in Arkansas can take around 2-4 weeks. However, it can take longer depending on the reason for eviction and whether the tenant contests it.
Grounds for an Eviction in Arkansas
In Arkansas, a landlord cannot legally evict a tenant without cause.
Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease expires
- Violating lease terms
- Committing illegal activity
Depending on the the grounds for eviction, the landlord needs to give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
| Nonpayment of Rent (Civil Action) | 3 Days | Maybe |
| Nonpayment of Rent (Criminal Action) | 10 Days | Maybe |
| End of Lease or No Lease | 30 Days | No |
| Lease Violations | 14 Days | Yes |
| Illegal Activity or Repeat Violations | None | No |
Even when there are legal grounds to evict, proper notice must first be given before ending the tenancy.
Nonpayment of Rent
In Arkansas, a landlord can evict a tenant for failing to pay rent within the legal 5 calendar day grace period of the day rent is due. To do so, a landlord must first serve the tenant proper notice, which gives the tenant a chance to pay the balance due or move out:
- To pursue a civil eviction action, landlords provide a 3 days’ notice to quit, which is for unpaid rent and possession of the premises.
- To pursue a criminal eviction action, landlords serve a 10 days’ notice to quit, which is for unpaid rent, possession of the premises and criminal misdemeanor charges for tenants that refuse to move out.
If the tenant does not pay the balance due or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Regardless of which eviction action is pursued, at the final adjudication, if the tenant does not owe rent or damages, the judge will issue a judgment in favor of the tenant.
End of Lease or No Lease
In Arkansas, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, the landlord must first terminate the tenancy by giving the tenant proper notice.
If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Arkansas, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Arkansas landlord tenant law. To do so, the landlord must first serve the tenant a 14 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out.
Examples of lease violations include:
- Failing to maintain the premises in a clean and sanitary manner
- Causing deliberate or negligent damage to the premises
- Disturbing the peace and enjoyment of other persons
- Using plumbing, electrical or other fixtures in an unreasonable or unsafe manner
- Allowing unauthorized occupants or pets to reside in the rental unit
- Refusing to allow the landlord access to the rental unit
If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit.
Illegal Activity or Repeat Violations
In Arkansas, a landlord can evict a tenant for committing an illegal activity on the premises. Landlords are not required to provide tenants with prior written notice, instead they may immediately file an unlawful detainer action at the courthouse.
However, if they choose to do so, the landlord can serve the tenant an Immediate Notice To Vacate.
In Arkansas, illegal activity includes:
- Engaging in or promoting prostitution
- Selling alcohol illegally
- Permitting a common nuisance (substantial interference with peaceful enjoyment)
- Engaging in or promoting illegal gambling
- Committing a criminal offense
If the tenant does not move out immediately, the landlord can move forward and file an eviction lawsuit.
Illegal Evictions in Arkansas
In Arkansas, there are a few different types of eviction actions that are illegal. If proven in court, the landlord could be liable for damages including attorney’s fees.
“Self-Help” Evictions
No matter the situation, a landlord is not allowed to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. In Arkansas, the only legally protected right against retaliation is reporting lead hazards.
In Arkansas, all evictions follow the same process:
- Landlord serves tenant with written notice of violations
- Landlord files a complaint with the court due to unresolved violations
- Tenant files an answer to the complaint
- Court holds hearing and issues a judgment
- Court issues writ of execution
- Possession of property is returned to landlord
Step 1: Landlord Serves Notice To Tenant
A landlord can begin the eviction process in Arkansas by serving the tenant with written notice. 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.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
3-Day Notice To Quit
In Arkansas, if a tenant is late on paying rent and the balance due is not paid within the 5 calendar day grace period (full or partial), the landlord can serve them a 3-Day Notice To Quit.
This civil eviction notice gives the tenant 3 judicial days (not counting weekends or legal holidays), to pay the balance due or move out.
A civil eviction action is for unpaid rent and possession of the premises.
10-Day Notice To Quit
In Arkansas, if a tenant is late on paying rent and the balance due is not paid within the 5 calendar day grace period (full or partial), the landlord can serve them a 10-Day Notice To Quit.
This criminal eviction notice gives the tenant 10 judicial days (not counting weekends or legal holidays), to pay the balance due or move out.
A criminal eviction action pursues unpaid rent, possession of the premises and criminal misdemeanor charges if the tenant refuses to move out.
30-Day Notice To Vacate
For a tenant with no lease or a month-to-month lease in Arkansas, the landlord can serve them a 30-Day Notice To Vacate. This lease termination notice allows the tenant 30 calendar days to move out.
However, for tenants that don’t pay rent monthly, the amount of notice differs.
| Lease Type | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No Statute |
| Year-to-Year | 30 Days* |
14-Day Notice To Comply or Vacate
In Arkansas, if a tenant commits a minor violation of the terms of their lease or legal responsibilities, the landlord can serve them a 14-Day Notice To Comply or Vacate. This eviction notice gives the tenant 14 calendar days to fix the issue or move out.
Immediate Notice To Vacate
In Arkansas, if a tenant commits an illegal activity, the landlord can serve them an Immediate Notice To Vacate, but prior written notice is not required by law.
Instead, a landlord can go directly to the courthouse and file an unlawful detainer action to begin eviction proceedings.
Step 2: Landlord Files Lawsuit with Court
If the notice period ends and the tenant remains on the property, the landlord can file a complaint (or for criminal nonpayment of rent evictions, request an order for eviction) in the appropriate court. If there is a civil action, a landlord may file in Circuit Court or District Court.
The summons and complaint must be served on the tenant by the sheriff, deputy, a person appointed by the court as a process server, or if an in-person delivery method is not possible, the documents may be sent via first-class mail or certified mail.
If the tenant is notified via first class mail, and an acknowledgment of service is not received within 20 days of the date the summons and complaint were mailed, the landlord must choose a different service method in order to proceed with the eviction process. A copy may also be affixed to a conspicuous part of the property.
Arkansas laws don’t specify how quickly the summons and complaint order to vacate must be served on the tenant after the landlord files the eviction action with the court.
Filing of the lawsuit may take up to a few weeks depending on how quickly the landlord serves the documents after filing the eviction action with the court, and which type of service method is used.
Step 3: Tenant Files an Answer
Tenants in Arkansas are required to file an answer with the court if they want to contest the eviction. If no answer is filed, the court will automatically rule in the landlord’s favor without holding an eviction hearing.
For criminal nonpayment of rent eviction cases, tenants will have 10 days to file their response after receiving the notice or order to vacate.
In all other eviction cases, including evictions for criminal activity, tenants will have 5 days to file their response with the court after receiving the summons and complaint.
Once the written response is received by the court, a hearing on the eviction will be scheduled.
When tenants file their answer for criminal nonpayment of rent evictions, the answer must be filed with the court within 10 days of receiving the notice/order to vacate. For all other evictions, the tenant has 5 days to respond.
Step 4: Court Holds Hearing and Issues Judgment
If the tenant files their answer within 10 days of receiving the notice or order to vacate for criminal nonpayment of rent evictions, or within 5 days of receiving the complaint for all other evictions, then the clerk of the court will set a hearing date for the eviction proceeding.
If the tenant fails to appear for the hearing, it will not be continued, and the judge will rule in favor of the landlord, meaning the tenant will be evicted.
To prepare for the hearing, the landlord and tenant should bring the following:
- A copy of the lease agreement
- The notice to quit, comply or to pay
- The complaint
- Any evidence (i.e., photos of damage, billing statements, etc.) or witnesses to help prove the case in court)
If the judge rules in favor of the landlord, a writ of possession will be issued, and the eviction process will proceed.
A hearing will take between a few days to a few weeks, depending on whether or not the tenant files a response to the eviction action, whether it’s a criminal nonpayment of rent eviction or another type of eviction, and the court’s trial schedule.
Step 5: Sheriff Posts Writ of Possession
In Arkansas, a writ of possession is a court ordered document that is served to a tenant by a sheriff that gives the tenant a final notice (24 hours) to move out before being forcibly removed. The writ must be issued within 3 days of judgement and is issued in response to a ruling made in favor of a landlord in an eviction case.
The writ of possession must be issued within 3 days of the date judgment was entered in favor of the landlord.
Step 6: Sheriff Returns Property to Landlord
Finally, if the tenant remains on the property after 24 hours of receiving the writ of possession, the sheriff has the right to forcibly remove all locks and place the tenant’s personal property in a public warehouse or other storage area.
If necessary, the sheriff may physically restrain the tenants from interfering with the removal of the tenant’s property.
The tenant has 24 hours once the writ of possession is given to the tenant or posted on the rental property to move out before they are forcibly removed by the sheriff.
Arkansas Eviction Process Timeline
In Arkansas, an eviction can be completed in as little as 2 to 4 weeks, but can take longer depending on the reason for eviction and whether the eviction is contested
Below are the parts of the Arkansas eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 3-30 Calendar Days |
| Court Issuing Summons | 1-3 Business Days |
| Court Serving Summons | 1-3 Business Days |
| Tenant Response Period | 5-10 Business Days |
| Court Ruling | 1-7 Business Days |
| Court Serving Writ of Possession | 1-3 Business Days |
| Final Notice Period | 24 Hours |
Flowchart of Arkansas Eviction Process
Arkansas Eviction Court Fees
The average cost of an eviction in Arkansas for all filing, court, and service fees is $263. However, the cost varies depending on the county and type of process server. Eviction lawsuits must be filed in District Court or Circuit Court.
| Fee | District/Circuit |
| Initial Court Filing | $165+ |
| Summons Service | $30+ |
| Writ of Possession Issuance | $20 |
| Writ of Possession Execution | $20 |
| Notice of Appeal (Optional) | $150 |
Sources
- 1 Ark. Code § 18-17-701(b)
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If rent is unpaid when due and the tenant fails to pay rent within five (5) days from the date due, the landlord may terminate the rental agreement.
Source Link - 2 AR Code §18-60-304 (2020)
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(3) Fail or refuse to pay the rent for the land, tenement, or possession when due, and after three (3) days’ notice to quit and demand made in writing for the possession of the land, tenement, or possession by the person entitled to the land, tenement, or possession or his or her agent or attorney, shall refuse to quit possession…
- 3 AR Code §18-16-101 (2020)
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(b) (1) If, after ten (10) days’ notice in writing shall have been given by the landlord or the landlord’s agent or attorney to the tenant to vacate the dwelling house or other building or land, the tenant shall willfully refuse to vacate and surrender the possession of the premises to the landlord or the landlord’s agent or attorney, the tenant shall be guilty of a misdemeanor…
- 4 AR Code § 18-17-706
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(A) If the amount of rent due is found at final adjudication to be less than alleged by the landlord, judgment shall be entered for the amount found due to the landlord.
(B) If the court finds at final adjudication that no rent is due and no damages are due the landlord, judgment shall be entered for the tenant.
Source Link - 5 AR Code §18-17-701 (2020)
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(a) (1)…if there is a noncompliance by the tenant with the rental agreement, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the noncompliance and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice, if the noncompliance is not remedied in fourteen (14) days…
- 6 AR Code §18-16-502 (2020)
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For purposes of this subchapter, any tenant who engages in or allows another person to engage in illegal gambling under § 5-66-107, prostitution as defined by § 5-70-102, or the unlawful sale of alcohol as defined by § 3-3-205 on the tenant’s leased premises shall be subject to the eviction procedures established by this subchapter.
- 7 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.
Source Link - 8 Ark. R. Civ. P. 6(d)
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Source Link
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.
- 9 AR Rules of Civ Procedure, Rule 4 (2019)
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(g)(1)(B)(ii) If no acknowledgment of service is received by the sender within 20 days after the date of mailing, service of process shall be made in a manner other than by mail or by commercial delivery company.
- 10 AR Code §18-17-902 (2020)
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(b) Upon the filing…of a complaint and supporting affidavit of eviction, the district court shall issue an order requiring the tenant to vacate the occupied premises or to show cause why he or she should not be evicted by the court within ten (10) calendar days after the date of service of a copy of the order upon the tenant.
- 11 AR Rules of Civ Procedure, Rule 4 (2019)
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(g)(2)(A) The documents must be addressed to the person to be served and delivered by a commercial delivery company that (1) obtains signatures of recipients, (2) maintains permanent records of actual delivery, and (3) has been approved by the circuit court in which the action is filed or in the county where service is to be made…
- 12 AR Code §18-16-506 (2020)
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(a) If within five (5) days…following service of this summons, complaint…the defendant or defendants have not filed a written objection…the clerk of the court shall immediately issue a writ of possession directed to the sheriff of the county or the police chief of the city commanding him or her to cause the defendant or defendants to vacate the property described in the complaint without delay…
- 13 AR Code §18-17-907 (2020)
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If the judgment is for the plaintiff, the district court shall within three (3) days issue a writ of eviction, and the tenant shall be evicted by the sheriff of the county.
- 14 AR Code §18-60-310 (2020)
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(a) Upon receipt of a writ of possession…the sheriff shall immediately proceed to execute the writ… ejecting…the defendant or defendants…after the issuance of the writ… (c) (1) If, at the expiration of twenty-four (24) hours from the service of the writ of possession…the defendants…remain in possession of the property…the sheriff shall…be provided with all labor and assistance required…in removing the possessions and belongings of the defendants…
