Arkansas Eviction Process for Landlords: Civil and Criminal Pathways

The Arkansas eviction process 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 - Termination for Nonpayment of RentIl-preview mhux disponibbli. 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. 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 is the only state in the U.S. that allows a criminal prosecution for nonpayment of rent. 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 court.

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.

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