🏛️ Courthouse Information and Locations for Arkansas
Arkansas Eviction Laws: Notice Requirements, Process, and Timelines
Arkansas has one of the fastest and most landlord-friendly eviction processes in the United States, with cases handled through District Court. Uniquely, Arkansas requires only a 5-day unconditional notice for nonpayment—meaning tenants have no right to cure by paying late rent. Lease violations require a 14-day notice. The state’s streamlined process and limited tenant defenses make it critical for landlords to follow proper procedures from the start. Below you’ll find the key details every Arkansas landlord needs to know.
Arkansas Eviction Laws
Comprehensive guide to Arkansas's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Circuit Court (or District Court with concurrent jurisdiction).
⚡ Quick Overview
💰 Nonpayment of Rent
Arkansas historically had a criminal eviction statute allowing landlords to charge tenants with a misdemeanor for failure to vacate. This was struck down in 2023 but some counties still reference it. Civil unlawful detainer is now the primary path.
📋 Lease Violation
If violation is not curable (substantial damage, illegal activity), landlord may proceed with shorter notice or no cure period.
📬 Service of Process
Sheriff handles service in most counties. Private process servers also available.
🏛️ Court & Legal Information
Small county courts may have limited dockets. Process service can be slow in rural areas.
⚖️ Appeals & Post-Judgment
Sheriff executes writ. Landlord changes locks after sheriff completes removal.
📦 Tenant Property & Abandonment
Landlord must make reasonable effort to notify tenant. Property may be disposed of after 14 days.
🏦 Security Deposits
Must return within 60 days with itemized list. Landlord forfeits right to withhold if no list provided.
💵 Late Fees
Must be in lease. No statutory limit but must be reasonable.
🛡️ Tenant Protections
No rent control laws in Arkansas
🏙️ Local Overrides & City-Specific Rules
No significant local overrides
Underground Landlord📝 Arkansas Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the Circuit Court (or District Court with concurrent jurisdiction). Pay the filing fee (~$65-165).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Arkansas
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Arkansas Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: This article provides general information for educational purposes only and is not legal advice. Eviction procedures can vary by court and by the facts of a case. Consult a qualified Arkansas landlord-tenant attorney or local court clerk for guidance.
Overview: How Evictions Work in Arkansas
Arkansas uses a legal process called “unlawful detainer” for most residential evictions. This is a civil lawsuit where the landlord asks the court for permission to remove a tenant from the property. What makes Arkansas unique is that it also allows a criminal eviction pathway for nonpayment of rent under the “failure to vacate” statute—one of the few states with this option.
Regardless of the method, landlords must follow proper legal procedures. Arkansas law strictly prohibits self-help evictions. A landlord cannot change locks, shut off utilities, remove doors, or physically remove a tenant’s belongings without a court order. Only after a judge issues a writ of possession can a sheriff lawfully remove a tenant from the property.
Arkansas Eviction Notice Requirements
The type and length of notice required depends on the reason for eviction. These requirements are governed by the Arkansas Residential Landlord-Tenant Act and related statutes.
- Nonpayment of rent (3-day notice to quit): If rent remains unpaid five days after the due date, the landlord may serve a written notice giving the tenant three judicial days (excluding weekends and legal holidays) to pay or vacate. This is an unconditional notice—the tenant has no automatic right to cure by paying late rent unless the landlord agrees to accept payment.
- Lease violations (14-day notice to cure or quit): For violations affecting the health, safety, or habitability of the property that can be corrected, the landlord must give the tenant 14 days to fix the issue or move out.
- Illegal activity or irreparable breach: For serious violations such as drug activity, illegal gambling, prostitution, or substantial property damage that cannot be repaired, the landlord may file an unlawful detainer action immediately without prior notice.
- Holdover tenants: If a tenant stays beyond the lease term, the landlord can proceed with an eviction action after providing appropriate notice.
- Month-to-month termination (30-day notice): To end a periodic tenancy without cause, landlords must provide at least 30 days’ written notice before the next rental period begins.
All notices should clearly state the reason for termination, the deadline to comply, and what will happen if the tenant fails to act. Keeping proof of service is essential if the case goes to court.
Arkansas Eviction Process Timeline
Step 1 – Serve the proper notice. The landlord delivers the correct written notice based on the reason for eviction and retains proof of delivery (personal service, certified mail, or posting as allowed by law).
Step 2 – File an unlawful detainer action. If the tenant does not comply with the notice, the landlord files an unlawful detainer complaint in Circuit Court or District Court. The filing fee is typically around $165. Required documents include the complaint, affidavit, summons, and notice of intent to issue a writ of possession.
Step 3 – Tenant is served and responds. The tenant must be properly served with court papers. The tenant has only 5 days (excluding Sundays and legal holidays) to file an objection or written response. If no response is filed, the court may issue a default judgment and writ of possession.
Step 4 – Possession hearing. If the tenant responds, the court schedules a hearing. The landlord presents evidence supporting their right to possession, and the tenant may raise defenses. If the landlord prevails, the court issues a judgment for possession.
Step 5 – Writ of possession and removal. If the tenant does not leave voluntarily, the landlord requests a writ of possession. The sheriff then removes the tenant, typically within 24 hours of posting the writ. The tenant’s belongings must be placed in storage until trial if a money damages claim is pending.
Criminal Eviction Option in Arkansas
Arkansas is one of the few states that allows landlords to pursue criminal charges against tenants who fail to pay rent. Under the “failure to vacate” statute (Ark. Code Ann. § 18-16-101), once rent is five days late, the landlord can issue a 10-day written notice to vacate. If the tenant refuses to leave after the notice period, they may be charged with a misdemeanor and face fines of up to $25 per day until they move out.
While this option can speed up the process by involving law enforcement directly, most landlords still pursue the civil unlawful detainer route to formally regain possession of the property.
Tenant Defenses and Common Landlord Mistakes
Tenants may challenge an eviction by raising defenses such as:
- Improper notice (wrong type, insufficient time, or defective service)
- Landlord accepted rent after serving the termination notice
- Allegations are factually incorrect
- Retaliation for exercising legal rights (such as reporting code violations)
- Discrimination based on protected class
- Failure to maintain the property in habitable condition
Cases are frequently delayed or dismissed when landlords fail to use the correct notice, serve it improperly, or lack adequate documentation. Keeping detailed records is critical to success in court.
Arkansas Eviction Landscape (Late 2025–January 2026)
By late 2025, Arkansas eviction filings had returned to pre-pandemic levels following the end of federal Emergency Rental Assistance programs. The state did not implement long-term eviction moratoriums during the pandemic, and courts have been processing cases under standard statutory timelines.
Rising housing costs continue to affect affordability, particularly in growing metro areas like northwest Arkansas (Fayetteville, Bentonville, Rogers) and Little Rock. While some local organizations still offer limited rental assistance or mediation services, most cases now proceed through the normal court process without pandemic-era protections.
Best Practices for Arkansas Landlords
- Use the exact notice type and timeframe required by statute for your situation.
- Wait the full five-day grace period before serving a nonpayment notice.
- Keep a detailed rent ledger showing all payments received and amounts owed.
- Document lease violations with dated photos, written reports, and witness statements.
- Retain copies of all notices and proof of how they were delivered.
- Do not accept rent after serving a termination notice unless you intend to cancel the eviction.
- Never attempt a self-help eviction—always go through the courts.
- Be prepared with organized documents before your court hearing.
Quick Reference: Arkansas Eviction Rules
- Nonpayment of rent: 3-day notice to quit (after 5-day grace period)
- Lease violations (curable): 14-day notice to cure or quit
- Illegal activity: Immediate filing allowed, no notice required
- Month-to-month termination: 30-day notice
- Tenant response time: 5 days after service
- Filing fee: Approximately $165
- Removal: Sheriff with writ of possession (24 hours after posting)