Eviction Laws
Reasons for Eviction in Arkansas
- Nonpayment of rent
- Lease agreement violation
- Failure to maintain safe, healthy, or habitable rental
- Criminal actions, including:
- Illegal gambling
- Prostitution
- Illegal sale of alcohol
Notice to Vacate
If there are criminal actions taking place, the landlord can send a notice to vacate immediately.
Notice to Comply
The landlord must send:
- A 5-day notice to pay for nonpayment of rent. If the tenant still doesn’t pay, then the landlord has two options:
- Serve an unconditional notice to quit to the tenant to move out or face eviction.
- Pursue criminal action for failure to vacate by serving a 10-day notice to leave. If the tenant doesn’t move out, they are guilty of a misdemeanor. If the tenant is convicted, the court can fine the tenant up to $25 per day until they leave the premises.
- A 14-day notice to cure or quit for lease agreement violations
- A 14-day notice to cure for unsafe, unhealthy, or uninhabitable situation. If the situation isn’t fixed after 14 days, the landlord can file an eviction suit immediately.
Learn more about the eviction process, including the average cost.
Serving the Tenant
Notices to quit/comply are served by handing the notice to tenants, or handing the notice to a family member over age 18 AND mailing notice by certified or registered mail (with return receipt).
For the FED complaint and summons, service must be by a private process server or the Sheriff. If personal service isn’t possible, the documents can be sent via first-class mail or certified mail. If an acknowledgment of service is not received within 20 days from the date of mailing, the landlord must then post the documents in a conspicuous place on the rental.
Tenant Possessions
If tenants remain on the property after 24 hours of receiving the writ for possession, the Sheriff may remove all belongings and store them at a private or public storage facility. If belongings aren’t collected by the tenant, they’ll become abandoned property and the landlord may dispose of them as they wish.
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Eviction Timeline
Below you’ll learn the average timeline for a complete eviction in Arkansas. This projected timeline could change based on the complexities of your specific case.
Typically, the Arkansas eviction process takes between two to four weeks, though that could run longer if a jury trial is held.
How to Start the Eviction Process in Arkansas?
Serve your notice to quit or comply. The tenant must file their answer to the complaint within 10 days after receiving for criminal nonpayment of rent evictions or within five days for all other reasons.
The court will then set a hearing date. If the tenant does appear at the initial hearing and requests a jury trial, the matter will be set for trial. If the tenant fails to appear at the hearing, the judge will rule in favor of the landlord. A writ of restitution will be issued and the eviction will proceed to the Sheriff for removal.
The Sheriff serves the writ, giving tenants 24 hours to vacate. If tenants do not vacate after 24 hours, the Sheriff will forcibly evict them.
How to Stop the Eviction Process in Arkansas?
Tenants can pay rent or fix lease violations to stop the eviction process, or the landlord can file a motion to dismiss.
How Long is the Eviction Process in Arkansas?
The Arkansas eviction process takes between two and four weeks, though it could take longer if a jury trial is held.