An Arkansas 14 Day Notice to Comply or Vacate is a formal legal document served to the tenant for a violation of the lease, such as damaging property or violating health/safety rules. The tenant can correct the lease violation or move out of the premises within fourteen (14) calendar days.
When to Use an Arkansas 14 Day Notice to Comply or Vacate
Use a 14-Day Notice to Comply or Vacate to begin the eviction process in Arkansas if any of the below are true:
- If the tenant failed to maintain the premises in a clean and sanitary manner (health/safety violation).
- If the tenant refused to allow the landlord access to the premises.
- If the tenant damaged property.
- If the tenant violated any other terms of the lease or property rules.
If none of the above are true, use one of the below forms to evict a tenant:
- 10 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 criminal eviction action, which includes unpaid rent, possession of the premises, criminal charges against the tenant and a daily fine if they refuse to vacate.
- 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.
- 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.
- 30 Day Notice to Vacate – If the tenant has no written lease and pays rent monthly or to end a month-to-month tenancy.
How to Write an Arkansas 14 Day Notice to Comply or Vacate
The Fourteen (14) Day Notice to Comply or Vacate form shall be completed as follows:
- Write all adult tenants’ names (do not include minors);
- Fill in the complete address of the rental premises;
- Specify the breach of rules or the lease;
- Indicate if the tenant can remedy the violation and what date the tenant must correct the violation by; or specify if there is no option to remedy and the date the tenant must vacate the premises;
- Include the balance due, if applicable;
- 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 14 Day Notice to Comply or Vacate
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 § 18-17-601
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A tenant shall:
- Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
- Keep the dwelling unit and that part of the premises that he or she uses reasonably safe and reasonably clean;
- Dispose from his or her dwelling unit all ashes, garbage, rubbish, and other waste in a reasonably clean and safe manner;
- Keep all plumbing fixtures in the dwelling unit or used by the tenant reasonably clean;
- Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators in the premises;
- Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises or knowingly permit any person to do so who is on the premises with the tenant’s permission or who is allowed access to the premises by the tenant;
- Conduct himself or herself and require other persons on the premises with the tenant’s permission or who are allowed access to the premises by the tenant to conduct themselves in a manner that will not disturb other tenant’s peaceful enjoyment of the premises; and
- Comply with the lease and rules that are enforceable pursuant to this subchapter.
- 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.
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