An Arkansas eviction notice form is an official legal document provided to tenants instructing them to comply with the terms of the rental agreement or vacate the premises. In Arkansas, eviction notices are delivered for unpaid rent, lease violations or illegal conduct on property.
Types of Arkansas Eviction Notice Forms
| Notice Form | Grounds | Curable? |
| 3 Day Notice to Quit | Unpaid Rent (Civil Action) | Maybe |
| 10 Day Notice to Quit | Unpaid Rent (Criminal Action) | Maybe |
| Immediate Notice to Vacate | Illegal Activity | No |
| 14 Day Notice to Comply or Vacate | Lease Violation | Yes |
| 30 Day Notice to Vacate | Monthly / Yearly Lease | No |
Arkansas 3 Day Notice to Quit
An Arkansas 3 Day Notice to Quit is the most common legal eviction form used by landlords for nonpayment of rent. The tenant must pay the rent within the five (5) calendar day grace period of the rent due date, otherwise it is considered late.
This notice instructs the tenant to vacate the premises within three (3) judicial days (not counting weekends and legal holidays). If the tenant does not move out of the rental unit on time, the landlord can pursue a civil eviction action, which includes unpaid rent and possession of the premises.
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.
Arkansas 10 Day Notice to Quit
An Arkansas 10 Day Notice to Quit is a criminal eviction action for nonpayment of rent. This notice may be served if the tenant has not paid rent within the five (5) calendar day grace period of the date rent is due.
The tenant is given ten (10) judicial days (not counting weekends and legal holidays) to move out. If the tenant refuses to vacate the premises by the end of the notice period, the tenant shall be guilty of a misdemeanor and incur a daily fine assessed by the court upon conviction.
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.
Arkansas Immediate Notice to Vacate
An Arkansas Immediate Notice to Vacate eviction form is provided to tenants for illegal activity on the premises. The notice instructs the tenant that the tenancy is terminated and the tenant must vacate the premises immediately.
A landlord may choose to serve this notice on a judicial day (a day when the courthouse is open), to begin eviction proceedings on the same day the notice is served, but this is not required by law.
Arkansas 14 Day Notice to Comply or Vacate
An Arkansas 14 Day Notice to Comply or Vacate eviction notice form is used for curable lease violations. Some examples of lease violations include not keeping the rental unit in a clean and sanitary condition, committing property damage or refusing to allow the landlord access to the rental unit. The tenant is given the opportunity to fix the breach within fourteen (14) calendar days to remain at the premises, otherwise the tenant must move out before the end of the notice period.
Arkansas 30 Day Notice to Vacate
An Arkansas 30 Day Notice to Vacate is a lease termination letter served by either party to terminate a rental agreement, including a month-to-month or year-to-year lease. This lease termination letter may also be used for tenants with no written lease that pay rent monthly or for tenants with an expired lease. The notice must be provided at least thirty (30) calendar days prior to the end of the following rental period or expiration of the lease.
How to Write an Eviction Notice in Arkansas
For an eviction notice to be legally compliant:
- List tenants’ full names;
- List full address;
- Include grounds for eviction;
- Calculate and include termination date;
- Include date notice served;
- The landlord’s signature and printed name; and
- The landlord’s address and telephone number.
Without this information on the notice, a judge may not be able to proceed with an eviction proceeding and the landlord’s case may be dismissed.
How to Calculate Expiration Date in Arkansas
An eviction notice takes effect the day after it is served in Arkansas. There is one exception, the Immediate Notice to Vacate, which takes effect immediately. If the notice period is less than fourteen (14) days, weekends and legal holidays are not included, so only judicial days may be counted. If the notice period is fourteen (14) days or longer, all days are counted in the period, including weekends and legal holidays.
Regardless of the notice period length, if the last day falls on a weekend or legal holiday, then the notice period will not officially expire until the end of the next judicial day when the clerk’s office is open.
How to Serve an Eviction Notice 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.
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 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 - 3 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 - 4 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 - 5 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.
