How to Evict a Tenant in Arkansas: Laws, Process, and Timeline
Arkansas Eviction Timeline 2026: Late Rent Is Legal Notice, a 3-Day Written Demand Still Precedes Filing, and a Criminal Failure-to-Vacate Statute Remains
Arkansas has a statewide statutory framework — the Arkansas Residential Landlord-Tenant Act of 2007, A.C.A. §§ 18-17-101 to 18-17-913, plus the older unlawful detainer statute, § 18-60-301 et seq. This page covers the eviction lawsuit itself — notice, filing, the objection window, the writ.
Grounds and Notice Periods
| Ground | Notice Period | Statute | Curable? |
|---|---|---|---|
| Non-payment of rent (2007 Act) | Rent unpaid 5 days after the due date is itself legal notice that the landlord may start eviction proceedings, and the landlord may terminate the agreement; to use the court procedure below, the landlord still needs the 3-day written demand in the next row, because the complaint’s affidavit must say the tenant is holding the unit “after lawful demand” (§ 18-60-307(a)) | § 18-17-901(b); § 18-17-701(b) | Only by paying within 5 days of the due date; the Act gives no cure period after that |
| Non-payment of rent (written demand before filing) | 3 days’ written notice to quit and demand for possession | § 18-60-304(3) | The statute sets no cure right; the tenant is in unlawful detainer only by refusing to quit after the notice |
| Lease violation | 14 days | § 18-17-701(a) | Yes, if the problem can be fixed by repairs or otherwise and the tenant fixes it before the date in the notice |
| Noncompliance materially affecting health and safety | 14 days after written notice, or as promptly as conditions require in an emergency | § 18-17-702(b) | Yes, within that time |
| No-cause, month-to-month | 30 days | § 18-17-704(b) | N/A |
| No-cause, week-to-week | 7 days | § 18-17-704(a) | N/A |
Arkansas also keeps a criminal path for nonpayment in the Code. Under the Failure to Vacate statute, A.C.A. § 18-16-101, a tenant who fails to pay rent when due forfeits the right to keep occupying the property, and a tenant who willfully refuses to leave after 10 days’ written notice to vacate is guilty of a misdemeanor. The fine is $1 to $25 per offense, and each day the tenant willfully stays after the notice expires counts as a separate offense. The statute punishes; it doesn’t hand the unit back, so recovering possession still runs through the civil process below.
The Court Process
- File. Once the applicable notice has run, the landlord files a signed complaint and a supporting affidavit with the court clerk; the affidavit must state that the tenant unlawfully detains the unit after lawful demand (§ 18-60-307(a)), which for nonpayment means the 3-day written notice to quit and demand for possession under § 18-60-304(3). Eviction proceedings under the 2007 Act go to a district court with jurisdiction (§ 18-17-901(a)); the Act also lets a landlord pursue evictions in circuit court (§ 18-17-701(c)(1)).
- Serve. The clerk issues a summons directed to the sheriff or a process server, along with a statutory notice to the tenant (§ 18-60-307(a)).
- Tenant’s objection window. The tenant has 5 days after service, not counting Sundays and legal holidays, to file a written objection (§ 18-60-307(b)).
- No objection. If none is filed, the clerk, on the court’s order, immediately issues a writ of possession to the sheriff (§ 18-60-307(b)).
- Hearing. If the tenant objects, the landlord gets a hearing date and must send notice of it by certified mail. The landlord has to make a prima facie case, and if the court finds the landlord likely to succeed, it orders the writ issued (§ 18-60-307(c)-(d)).
- Staying in place. A tenant who wants to remain can ask the court, on motion and good cause, to allow it by posting security within 5 days of the writ, at least equal to delinquent rent plus rent that accrues (§ 18-60-307(e)).
What This Costs
Confirm the current filing and service fees with the district court clerk before filing.
What a Landlord Can Recover
Under § 18-17-701(c), a landlord can recover actual damages and get injunctive relief, judgments, or evictions in circuit or district court without posting bond. Attorney’s fees are available when a non-rent violation is willful or when nonpayment isn’t in good faith, provided the landlord is represented by an attorney. A tenant who holds over in willful violation of the Act or the lease can owe up to three months’ periodic rent or twice actual damages, whichever is greater, plus reasonable attorney’s fees (§ 18-17-704(c)(3)).
Frequently Asked Questions
Does Arkansas have a statewide landlord-tenant act? Yes — the Arkansas Residential Landlord-Tenant Act of 2007 (A.C.A. § 18-17-101 et seq.) applies statewide, alongside the older unlawful detainer statute in § 18-60-301 et seq.
Can an Arkansas tenant really face criminal charges for not leaving after nonpayment? The statute allowing it, A.C.A. § 18-16-101, is still in the Code — the legislature’s list of code sections changed in the 2025 regular session doesn’t include it: willfully refusing to vacate after a 10-day written notice is a misdemeanor, fined $1 to $25 for each day. The statute sets a fine and says nothing about restoring possession, so getting the unit back still means the civil process above.
How many days does an Arkansas tenant get to pay overdue rent before eviction? Under the 2007 Act, 5 days from the due date — after that, § 18-17-901(b) treats the nonpayment itself as legal notice and § 18-17-701(b) lets the landlord terminate. Filing the court case takes one more step: the complaint’s affidavit must allege the tenant is holding over after lawful demand (§ 18-60-307(a)), and for unpaid rent that demand is a 3-day written notice to quit and demand for possession (§ 18-60-304(3)).