An Arkansas 10 Day Notice to Quit is a criminal eviction notice for nonpayment of rent. The tenant must move out within ten (10) judicial days (not counting weekends or legal holidays), otherwise the tenant is guilty of a misdemeanor and will incur daily fines.
When to Use an Arkansas 10 Day Notice to Quit
Use a 10-Day Notice to Quit to begin the criminal eviction process in Arkansas if the tenant is late on rent (if rent is not paid within the five (5) day grace period of the date rent is due), either in part or in full.
However, in court at the final adjudication, if the tenant does not owe rent or damages, the judge will issue a judgment in favor of the tenant.
If the above is not true, use one of the below forms to evict a tenant:
- Immediate Notice to Vacate – If the tenant is engaged in or promoted prostitution or gambling, is involved in the illegal sale of alcohol, possessed, sold or stored illegal drugs or permitted a common nuisance.
- 14 Day Notice to Comply or Vacate – If the tenant failed to maintain the premises in a clean and sanitary manner (health/safety violation), refused to allow the landlord access, damaged property, or violated any other terms of the lease or property rules (tenants are given the opportunity to remedy the violation or default).
- 3 Day Notice to Quit – If the tenant is late on rent (if rent is not paid within the five (5) day grace period of the day rent is due), either in part or in full. This notice is for a civil eviction action, which includes pursuing the rent balance due and possession of the premises.
- 30 Day Notice to Vacate – If the tenant or the landlord is terminating a rental agreement, including a month-to-month or year-to-year lease. This letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease.
How to Write an Arkansas 10 Day Notice to Quit
The Ten (10) Day Notice to Quit form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Enter the amount of rent due and the date it became due;
- Fill in late fees owed;
- Include the total balance due of rent and late fees;
- Enter the date the total amount is due or the date the tenant must vacate the premises;
- Enter the date the notice is served;
- Landlord prints name and signs notice;
- Landlord includes their full address and phone number.
How to Serve an Arkansas 10 Day Notice to Quit
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.
Sources
- 1 AR Code § 18-16-101
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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.
Source Link - 2 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 - 3 Arkansas Court Rules of Civil Procedure - Rule 6
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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.
Source Link - 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.