An Arkansas 10 Day Notice To Quit is a letter that complies with state legal requirements to begin a criminal eviction against a tenant for nonpayment of rent. The tenant must pay the balance due or move out within ten (10) judicial days (i.e., not counting weekends or legal holidays) of receiving notice.
When To Use an Arkansas 10 Day Notice To Quit
An Arkansas 10 Day Notice To Quit begins a criminal eviction process when some or all of the rent remains unpaid after the standard five (5) day grace period after rent is normally due. The tenant must pay all rent and proven monetary damages in order to obtain a favorable judgment. Otherwise, the tenant will be guilty of a misdemeanor and will incur daily fines.
Some types of Arkansas lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How to Write an Arkansas 10 Day Notice to Quit
To help ensure the legal compliance of a Notice To Quit:
Use the full name of the receiving parties, and address of record, if known
Specify the basis upon which the tenancy will terminate, and the payment amount necessary to avoid termination
Specify the termination date of the lease or tenancy
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve an Arkansas 10 Day Notice To Quit
Arkansas landlords may deliver a Notice To Quit using any of these methods:
Hand delivery to the other party
Delivery by registered or certified mail
To account for variable delivery times, mailed notice extends the notice period by three (3) calendar days.
In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.
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.
(A) Upon conviction before any justice of the peace or other court of competent jurisdiction in the county where the premises are situated, the tenant shall be fined in any sum not less than one dollar ($1.00) nor more than twenty-five dollars ($25.00) for each offense.
(B) Each day the tenant shall willfully and unnecessarily hold the dwelling house or other building or land after the expiration of notice to vacate shall constitute a separate offense.
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.
Additional Time After Service by Mail or Commercial Delivery Company. 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.