Arkansas Commercial Eviction Process
A detailed guide to the commercial eviction and unlawful detainer process for commercial landlords in Arkansas.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Arkansas Commercial Eviction Process
Evicting a commercial tenant in Arkansas is primarily governed by the state’s Unlawful Detainer statutes (Arkansas Code § 18-60-301 et seq.), which were originally codified in the Arkansas Code of 1987 Annotated (effective December 31, 1987) and significantly modernized by Act 1251 of 2003. Because Arkansas highly favors freedom of contract in commercial settings, the lease essentially dictates what constitutes a default and the specific notices required before litigation can begin.
1. Establishing Default Based on the Lease
Before initiating any legal action, a commercial landlord must determine that a tenant is fundamentally in default of the lease.
Common grounds for commercial eviction include:
- Monetary Default: Failure to pay base rent, percentage rent, Common Area Maintenance (CAM) charges, taxes, or insurance.
- Non-Monetary (Incurable) Default: Using the property for an illegal purpose or a use explicitly prohibited by the lease.
- Non-Monetary (Curable) Default: Failure to maintain the property, unauthorized alterations, or failure to maintain required business hours (common in retail).
2. Delivering the Notice to Quit / Notice to Cure
The first step in the eviction process is delivering a formal notice to the tenant. The timeline and type of notice are primarily driven by the lease agreement.
If the Lease Specifies Notice Periods
Arkansas courts will strictly enforce the notice provisions agreed upon in the commercial lease. For example, if the lease states the tenant has "10 days to cure a monetary default" and "30 days to cure a non-monetary default," the landlord must deliver a notice reflecting those exact timelines.
If the Lease is Silent (Statutory Default)
If the commercial lease fails to outline notice periods for default, Arkansas’s general statutory eviction laws apply. Under the Unlawful Detainer statute (A.C.A. § 18-60-304):
- Failure to Pay Rent: The landlord must issue a 3-Day Notice to Quit. If the tenant fails to pay or vacate within three days, the landlord may file for eviction.
- Lease Violations: If the lease is silent, there is no statutory requirement to provide a cure period. A 3-Day Notice to Quit is the standard for taking possession after a breach of lease terms.
Note: Commercial leases are rarely silent on these matters, and the lease terms will supersede the statutory defaults.
3. Filing the Unlawful Detainer Lawsuit
If the tenant fails to cure the default or vacate the premises before the notice period expires, the landlord’s attorney will file a Complaint for Unlawful Detainer in the Circuit Court of the county where the commercial property is located.
- Filing the Complaint: The landlord files the complaint and a Notice of Intention to Issue Writ of Possession.
- Serving the Tenant: The tenant must be formally served with the summons and complaint.
- Tenant's Response: Under Arkansas law (A.C.A. § 18-60-307), once served with a Notice of Intention to Issue Writ of Possession, the tenant has five (5) days (excluding Sundays and legal holidays) to file a written objection with the court.
4. The Writ of Possession and Court Hearing
If the commercial tenant does not object within the five-day window, the court clerk will issue a Writ of Possession, which directs the county sheriff to remove the tenant and restore possession of the premises to the landlord.
If the tenant does file a written objection within five days, a hearing will be scheduled.
- During the hearing, the judge will determine which party is entitled to temporary possession of the property while the full lawsuit proceeds.
- If the tenant wishes to remain in the property pending the final outcome of the trial, Arkansas law often requires them to post a bond or pay rent into the court registry.
5. Execution of the Eviction
Once a Writ of Possession is issued (either by default or after a hearing), it is delivered to the local sheriff's department. The sheriff will execute the writ, physically removing the tenant if they have not already vacated, and allowing the landlord to change the locks and secure the commercial space.
See our Commercial Lease Requirements guide for how to structure default clauses.
Frequently Asked Questions
▶What are the Arkansas landlord-tenant laws every property owner should know?
Arkansas is widely considered one of the most landlord-friendly states in the country. Its laws place significant responsibility on tenants and grant landlords broad discretion in setting lease terms. However, the landmark Act 1052 of 2021 introduced implied habitability standards, significantly updating the legal legal environment for rental properties first entering a lease after November 1, 2021. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the Arkansas eviction process and how long does it take?
The Arkansas eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Arkansas. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the Arkansas security deposit rules and return deadlines?
Arkansas has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the Arkansas rent increase laws and caps for landlords?
Arkansas has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether Arkansas has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in Arkansas?
Arkansas has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check Arkansas state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must Arkansas landlords provide to tenants?
Arkansas landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the Arkansas lease requirements for rental properties?
Arkansas recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under Arkansas law.
Read the complete guide▶What are Arkansas landlord maintenance obligations and habitability standards?
Arkansas landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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