Arkansas evictions move quickly, and the tenant has to act first. After a landlord files, a tenant who wants a hearing has to file a written objection with the court clerk within five days, not counting Sundays and legal holidays [2]. A tenant who doesn’t can be removed by the sheriff without a hearing [1][2]. Arkansas is also unusual in having a criminal eviction charge for unpaid rent [4].
At a glance
- Notice before a civil eviction
- 3 days' written notice to vacate [1][3]
- Federally funded housing, unpaid rent
- At least 30 days' written notice [3]
- Time to object after service
- 5 days, not counting Sundays and legal holidays [2]
- Before the sheriff removes you
- 24 hours' notice [3]
- Criminal failure to vacate
- 10-day notice; $1 to $25 a day fine [4]
Two kinds of eviction in Arkansas
| Unlawful detainer (civil) | Failure to vacate (criminal) | |
|---|---|---|
| Reasons | Unpaid rent and other grounds for possession | Unpaid rent only |
| Notice | 3 days' written notice to vacate | 10 days' written notice to vacate |
| What starts it | Landlord files a complaint in court | Criminal citation or summons after the notice runs out |
| What's at stake | Possession of the home, unpaid rent, fees and costs | A fine of $1 to $25 per day stayed after the notice |
Unlawful detainer, step by step
Step 1: The notice to vacate
Before going to court over unpaid rent, the landlord must give the tenant three days’ written notice to vacate [1][3]. In federally funded housing, the tenant must get at least 30 days’ written notice before an eviction for nonpayment [3].
For other lease violations under the Residential Landlord-Tenant Act, the landlord can send a notice of noncompliance. If the problem isn’t fixed, the lease ends no less than 14 days after the tenant gets the notice [6].
Step 2: The complaint and the 5-day objection
If the tenant doesn’t leave, the landlord files a complaint, and the sheriff or a process server serves the tenant with a summons and a Notice of Intention to Issue Writ of Possession [2].
From the date of service, the tenant has five days, excluding Sundays and legal holidays, to file a written objection with the court clerk [2]. The Attorney General’s office adds that a copy should go to the landlord’s lawyer [1].
- No objection: the clerk immediately issues a writ of possession to the sheriff, without a hearing [2].
- Objection filed: the court schedules a hearing on whether the writ should issue [2].
The tenant also has 30 days from service to file a separate answer to the complaint [3].
Step 3: The possession hearing
At the hearing, the landlord has to present enough evidence to make a basic case for possession, and the tenant can present evidence back [2]. If the court finds the landlord is likely to win at a full hearing, it orders a writ of possession [2]. That ruling isn’t the final word on the case [2].
Since a 2021 change, a tenant no longer has to pay the rent into the court’s registry just to file an objection [2][3]. But a tenant who loses the possession hearing and wants to stay has to ask the court, and provide adequate security within five days of the writ, of at least the delinquent rent plus rent that comes due while the tenant stays [2].
Step 4: Removal by the sheriff
Once a writ issues, the sheriff removes the tenant after 24 hours’ notice [3]. If the landlord wins at trial, the judgment can include unpaid rent, attorney’s fees and court costs [3]. A tenant who was removed while the case was pending but wins at trial can recover damages for losing the home [3].
Criminal failure to vacate
Arkansas also lets a landlord use a criminal charge, called failure to vacate, but only for unpaid rent [4]. The landlord must first give a 10-day written notice to vacate [4]. A tenant who stays past it can be served a criminal citation or summons, and the court can impose a fine of $1 to $25 for each day from the end of the notice period until conviction [4].
Legal Aid of Arkansas calls payment the only fail-safe defense [4]. A tenant who is current on rent can’t be charged [4].
Landlords can’t lock you out
A landlord has to go through court and get a writ of possession. Changing the locks, removing your belongings, removing or breaking doors or windows, and shutting off utilities are illegal ways to evict, unless the tenant has moved out or the landlord reasonably believes the home was abandoned [5]. A tenant evicted this way can sue for forcible entry , and the court can restore access and award damages, costs and attorney’s fees [5]. The landlord may counterclaim to evict you in the same case, so get advice before you file [5].
Repairs: Arkansas’s minimum standards
Arkansas has required minimum standards in residential leases entered into or renewed after November 1, 2021 [2]. The home must have, at move-in and throughout the lease [2]:
- Hot and cold running water, and potable drinking water.
- Electricity.
- A sanitary sewer system and plumbing that met code when installed.
- A functioning roof and building envelope.
- Working heating and air conditioning, if the home had them when the lease began.
If a covered problem comes up, send the landlord written notice by certified mail or another method the lease allows [2]. If your rent is current and the landlord doesn’t fix it within 30 calendar days, your remedy is to end the lease without penalty and get back your security deposit [2].
Where to get help
- Legal Aid of Arkansas (arlawhelp.org): self-help guides on evictions, lockouts and failure to vacate, and a way to ask for legal help [3][4][5].
- Your city’s code enforcement office: for housing code problems; Legal Aid suggests calling it, along with the police and the utility company, after an illegal lockout [5].
- Arkansas Attorney General, Consumer Protection: general landlord-tenant information [1].
Sources
- Arkansas Attorney General, Landlord and Tenant Rights
- Act 1052 of 2021 (SB 594): Implied residential quality standards (Ark. Code § 18-17-502) and unlawful detainer procedure (§ 18-60-307)
- Legal Aid of Arkansas, Arkansas Law Help: Unlawful Detainer Evictions
- Legal Aid of Arkansas, Arkansas Law Help: Failure to Vacate/Criminal Evictions
- Legal Aid of Arkansas, Arkansas Law Help: Lock Outs and Self-Help Evictions
- Legal Aid of Arkansas, Arkansas Law Help: Residential Landlord Tenant Act
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How much notice does a landlord have to give before an eviction in Arkansas?
For a civil unlawful detainer case over unpaid rent, the landlord must give 3 days' written notice to vacate before going to court. Tenants in federally funded housing get at least 30 days' written notice for nonpayment. A criminal failure-to-vacate case requires a 10-day written notice.
How long does a tenant have to respond to an eviction in Arkansas?
Five days from service of the notice, not counting Sundays and legal holidays, to file a written objection with the court clerk. If the tenant doesn't object in time, the clerk issues a writ of possession to the sheriff without a hearing.
Is it a crime to not move out after an eviction notice in Arkansas?
It can be. Under Arkansas's failure-to-vacate law, a tenant who doesn't pay rent and stays past a 10-day written notice can be charged and fined $1 to $25 for each day. It applies only to nonpayment of rent.
Can an Arkansas landlord change the locks or shut off utilities?
No. A landlord has to go through court and get a writ of possession. Changing the locks, removing the tenant's belongings, removing or breaking doors or windows and shutting off utilities are illegal ways to evict, unless the tenant has moved out or the landlord reasonably believes the home was abandoned.
Can I withhold rent if my Arkansas landlord won't make repairs?
No. Arkansas law says a tenant can't offset or withhold rent over the minimum quality standards. If the landlord doesn't fix a covered problem within 30 days of written notice and your rent is current, your remedy is to end the lease without penalty and get your deposit back.