Evicting a commercial tenant in Arkansas is generally governed by the state’s Unlawful Detainer statutes (Arkansas Code § 18-60-304), combined with strict adherence to the default provisions outlined in the commercial lease agreement. 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.

1. Filing the Complaint: The landlord files the complaint and a Notice of Intention to Issue Writ of Possession.
2. Serving the Tenant: The tenant must be formally served with the summons and complaint.
3. 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 RequirementsAnteprima non disponibile guide for how to structure default clauses.

Back to Arkansas Landlord-Tenant Laws OverviewAnteprima non disponibile.