Arkansas Eviction Process for Landlords: Civil and Criminal Pathways
Step-by-step guide to the eviction process in Arkansas, including the unique criminal eviction path, notice requirements, and court procedures for landlords.
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.
The Arkansas eviction process, governed by the Residential Landlord-Tenant Act of 2007 (effective July 31, 2007) and the Unlawful Detainer Act of 1875, is distinctive in the United States for offering landlords two separate paths to address nonpayment of rent: a civil "unlawful detainer" action and a criminal eviction. Understanding when and how to use each is critical for maintaining legal compliance.
The Five-Day Waiting Period
Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official Arkansas Code § 18-17-901 - Grounds for Eviction. Landlords must always ensure their lease agreements directly adhere to this state code.
Before any eviction action for nonpayment of rent can begin, Arkansas law requires that rent be at least five calendar days past due (A.C.A. § 18-17-701(b)). While this is not technically a "grace period" - landlords may still charge late fees during this window - it prevents the landlord from terminating the lease until those five days have passed.
Eviction Notice Types and Timelines
1. Nonpayment of Rent - Civil Path (3-Day Notice)
After the five-day waiting period, the landlord can issue a 3-day unconditional notice to quit under the Unlawful Detainer Act (A.C.A. § 18-60-304). Unlike many states, this notice does not give the tenant the option to pay the overdue rent and stay - they must vacate within three days. If the tenant does not leave, the landlord files a civil unlawful detainer lawsuit.
2. Nonpayment of Rent - Criminal Path (10-Day Notice)
Arkansas remains the only state in the U.S. that allows a criminal prosecution for nonpayment of rent under A.C.A. § 18-16-101. The landlord can issue a 10-day notice requiring the tenant to vacate. If the tenant remains past the 10-day window, they can be charged with a misdemeanor and fined up to $25 per day for each day they remain on the property.
3. Lease Violations (14-Day Notice)
For violations of the lease agreement (unauthorized pets, noise complaints, unauthorized occupants, property damage, etc.), the landlord must issue a 14-day notice to cure or vacate. If the tenant corrects the problem within 14 days, the eviction process stops. If not, the landlord may proceed with an unlawful detainer action.
4. End of Tenancy (30-Day or 7-Day Notice)
To end a month-to-month tenancy without cause, landlords must provide 30 days' written notice. For week-to-week tenancies, 7 days' notice is required.
5. Illegal Activity (Immediate)
If the tenant is engaged in illegal activity on the premises, the landlord may issue an immediate notice to vacate with no opportunity to cure.
The Court Process
Step 1: File the Complaint. Once the notice period expires without tenant compliance, the landlord files an unlawful detainer complaint with the local district or circuit court (both have concurrent jurisdiction under A.C.A. § 18-60-306).
Step 2: Serve the Tenant. The tenant receives a summons. For civil evictions, the tenant has 5 days to respond.
Step 3: Court Hearing. Both parties appear before a judge to present evidence. Lease agreements, payment records, and copies of the notice served are critical evidence.
Step 4: Judgment of Possession. If the court rules in favor of the landlord, a Judgment of Possession is entered.
Step 5: Writ of Possession. If the tenant still refuses to vacate, the landlord requests a Writ of Possession. Law enforcement will post the writ and give the tenant 24 hours to vacate before physically removing them.
Self-Help Evictions are Illegal
Arkansas law strictly prohibits "self-help" evictions. A landlord cannot:
- Change the locks on the rental unit.
- Shut off utilities (water, electricity, gas).
- Remove tenant belongings from the property.
- Physically remove or threaten the tenant.
All evictions must go through the court system.
Abandoned Property
Upon lease termination, any personal property left behind by the tenant is considered abandoned under Arkansas law and can be disposed of by the landlord without further obligation.
Sources & Official References
Frequently Asked Questions
▶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.
▶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 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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