Eviction Law in Arkansas
Getting an eviction notice can be stressful—especially if you’re unsure what happens next. Arkansas law gives landlords the ability to move quickly, sometimes faster than tenants realize.
But that doesn’t mean eviction is automatic. Landlords must follow specific procedures.
You may be able to pay what you owe, fix the issue, or challenge the eviction entirely. But it’s important to act fast. Waiting too long could make it harder to stay in your home or negotiate a better outcome.
If you’re facing eviction in Arkansas, now is the time to learn how the process works and what your options are. Keep reading to get the facts—and if you need legal help, we can connect you with a qualified Arkansas attorney.
What Is an Eviction?
An eviction is the legal process a landlord uses to remove a tenant from a rental property. In Arkansas, most evictions happen because the tenant hasn’t paid rent or has broken the lease in some way. But removing a tenant isn’t always fast or simple. Depending on the type of eviction the landlord pursues—civil or criminal—the process can vary.
It’s also important to know that not every eviction notice ends in court. In many cases, the notice serves as a final warning. If the tenant pays the rent they owe or corrects the issue listed in the notice, the eviction process may stop there.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
When a tenant regularly pays rent late—or stops paying altogether—it can be grounds for eviction. While some states give renters a built-in grace period, Arkansas does not. Unless your lease specifically allows extra time, rent is due on the date listed in the agreement. If a tenant fails to pay on time, you’re allowed to begin the eviction process.
In Arkansas, landlords don’t have to wait before taking action for nonpayment. Once rent is late, you can serve a notice and begin the proper legal steps—whether through the civil process or Arkansas’s criminal eviction option. Whichever route you choose, it’s important to follow the law carefully so the case holds up in court.
To strengthen your case, make sure to document everything. Send a written notice each time rent is late and keep a copy for your records. A paper trail helps show the court that you gave the tenant multiple opportunities to correct the problem—and that you followed the rules before filing for eviction.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A lease agreement is a legally binding contract, and when a tenant breaks the terms, it may give the landlord a valid reason to start the eviction process. Common examples include keeping unauthorized pets, allowing extra people to move in without approval, or using the property for something not allowed in the lease.
But landlords have responsibilities too. If the lease says you’ll make repairs or maintain certain parts of the property, you’re legally required to follow through. Ignoring those duties can put you at risk—especially if the tenant decides to fight the eviction or file a complaint. In Arkansas, both parties are expected to hold up their end of the deal.
The Tenant Damages the Property
Some level of wear and tear is expected when a tenant lives in a rental. Small things like scuffed paint, worn carpet, or a broken blind are part of everyday use. But when the damage is serious—like holes in the wall, broken windows, or destroyed fixtures—it becomes a much bigger issue.
That said, not every repair issue is a reason to remove a tenant. If the tenant handles minor fixes responsibly and avoids making major or permanent changes to the property, eviction may not be necessary. The key is whether the damage is significant and clearly outside the scope of normal use. If it is, it’s important to document it before taking legal action.
The Tenant Uses the Property for Illegal Purposes
If a tenant is using your property for illegal activity—such as selling drugs, storing illegal weapons, or running other criminal operations—you likely have strong grounds for eviction. In Arkansas, these violations are taken seriously, and landlords can move quickly once they have reason to believe a tenant is breaking the law.
But having evidence is important. Courts won’t approve an eviction based on suspicion alone. If police have visited the property, or if you have written complaints, citations, or other documentation, make sure to save those records.
How to Evict a Tenant in Arkansas
Step 1. Check Your Local Laws
Eviction laws aren’t the same everywhere, and in Arkansas, they can differ from city to city. That’s why it’s important to understand the specific rules before moving forward. Landlords must have a legal reason for eviction and must follow the proper steps from start to finish.
In Arkansas, even a single day of missed rent can be enough to start the eviction process. According to the Arkansas Attorney General’s Office, landlords are allowed to terminate a lease as soon as rent is late. There’s no required grace period unless it’s written into the lease, which gives landlords a fair amount of flexibility.
Step 2. Give a Formal Notice of Eviction
If a tenant continues to break the lease after you’ve tried to resolve things informally, it’s time to move forward with a formal eviction notice. This notice acts as a final warning and should clearly explain what the tenant did wrong. Whether it’s unpaid rent or a lease violation, the notice needs to outline the issue and what the tenant must do
Your notice should also include a firm deadline—usually to pay rent or move out—and the total amount the tenant owes, if rent is the issue. If you’re unsure how to write a proper notice, it’s worth using a trusted template or speaking with an attorney to make sure it follows Arkansas law.
Arkansas is the only state that allows landlords to pursue criminal charges for tenants who don’t pay rent. That means landlords have two eviction paths: civil or criminal. If you choose the civil route—called an “Unlawful Detainer”—you are not required to give any formal notice before filing the case in court.
Under Arkansas law, if a tenant is five days late on rent, that delay counts as legal notice that eviction may follow. At that point, the landlord can issue a written demand giving the tenant three days to move out. If the tenant doesn’t leave, the landlord can move forward with the civil eviction process.
There’s also a criminal option called “Failure to Vacate.” In this case, you must give the tenant a written 10-day notice to leave the property. Arkansas does not require that this notice follow a specific format or be delivered in a particular way. If the tenant stays past the 10-day mark, they can be charged with a misdemeanor and fined $25 for each day they remain on the property.
Step 3. File the Eviction with the Court
Once you’ve served the notice and the deadline has passed without resolution, the next step is to file the eviction case in court.
In Arkansas, civil eviction cases—also known as Unlawful Detainers—are handled in the District Court for the county where the property is located. If you decide to pursue the criminal route under the “Failure to Vacate” law, your case will go through the criminal division of that same court.
Step 4. Contact an Experienced Arkansas Eviction Attorney and Prepare for the Hearing
Before your court date, it’s a good idea to talk with an experienced Arkansas eviction attorney. A lawyer can walk you through the local process, help organize your paperwork, and represent you if the case becomes contested. Preparation makes a big difference in court, especially if the tenant tries to dispute the claim.
Bring the following documents to the hearing:
- A signed copy of the lease agreement
- A payment ledger showing rent history and outstanding balances
- Copies of any bounced or returned checks
- Written communication between you and the tenant (texts, emails, letters)
- A copy of the eviction notice you served
- Proof the tenant received the notice (such as certified mail receipt or witness affidavit)
Step 5. Evict the Tenant
If the court rules in your favor, the tenant will be given a short window to move out—usually between 48 hours and a week, depending on the judge’s order. In Arkansas, tenants who stay past the deadline are no longer there legally, but landlords still can’t remove them on their own.
To complete the eviction, you’ll need to contact the local sheriff or constable to carry it out. Only law enforcement has the authority to physically remove a tenant and their belongings. Taking matters into your own hands—like changing the locks—can lead to legal trouble.
Step 6. Collect Past-Due Rent Payments
Winning the eviction case doesn’t always mean you’ll get the money you’re owed. If the tenant still owes past-due rent, you may need to take extra steps to collect. Fortunately, there are a few legal tools available in Arkansas that can help.
Here are some ways landlords can try to recover unpaid rent:
- File a small claims case for the outstanding balance, if within Arkansas’s limits
- Request a civil judgment that allows for wage garnishment or property liens
- Hire a licensed debt collection agency to pursue the tenant on your behalf
- Attempt to garnish state tax refunds, when legally available
Work with an Experienced Eviction Attorney in Arkansas
In Arkansas, tenants often try to challenge an eviction by claiming the landlord didn’t follow the proper steps. That’s why having an experienced Arkansas attorney on your side can make all the difference. A local lawyer can help you avoid mistakes, keep your case on track, and represent you in court if things get complicated.
If you need legal support anywhere in the state, we can help you connect with a trusted attorney. We can even help you connect with an attorney across Arkansas state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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