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).
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.
If violation is not curable (substantial damage, illegal activity), landlord may proceed with shorter notice or no cure period.
Sheriff handles service in most counties. Private process servers also available.
Small county courts may have limited dockets. Process service can be slow in rural areas.
Sheriff executes writ. Landlord changes locks after sheriff completes removal.
Landlord must make reasonable effort to notify tenant. Property may be disposed of after 14 days.
Must return within 60 days with itemized list. Landlord forfeits right to withhold if no list provided.
Must be in lease. No statutory limit but must be reasonable.
No rent control laws in Arkansas
No significant local overrides
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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
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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.
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.
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.
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.
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.
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.
Tenants may challenge an eviction by raising defenses such as:
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.
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.
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