An Arkansas Immediate Notice to Vacate is an official eviction letter served to the tenant for illegal conduct on the premises, such as promoting prostitution, illegally selling alcohol or possession of illegal drugs. There is no option to fix the issue and the tenant must move out of the rental unit immediately.
When to Use an Arkansas Immediate Notice to Vacate
Use an Immediate Notice to Vacate to begin the eviction process in Arkansas:
- If the tenant is engaged in or promoted prostitution.
- If the tenant is engaged in or promoted gambling.
- If the tenant is involved in the illegal sale of alcohol.
- If the tenant possessed, sold or stored illegal drugs.
- If the tenant permitted a common nuisance.
If none of the above are true, use one of the below forms to evict a tenant:
- 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).
- 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, 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 Immediate Notice to Vacate
The Immediate Notice to 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 incurable breach of rules or the lease;
- Include the total balance due of rent and late fees;
- Enter 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 Immediate Notice to Vacate
Landlords may choose to deliver the immediate notice to vacate on a day when the courthouse is open so that an eviction proceeding can be filed for immediately on the same day, but this is not required by law. A landlord can serve 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.