Arkansas Eviction Notice Forms – PDF Templates
An Arkansas eviction notice is designated for a property owner that may give notice to terminate the lease for any violation of the residential contract to the tenant(s). This includes tenants who pay rent on time, take care of the residence, but violate the lease in another way.
Notices
- 10-Day Notice – Failure to pay rent.
- 14-Day Notice – Correct a violation in the lease for anything other than rent.
Arkansas Eviction Process
To begin a civil eviction for failure to pay rent, called an Unlawful Detainer, the landlord must first serve the tenant with a Notice to Quit that gives the tenant ten (10) days to pay the rent in full. For lease violations, you must state the specific violation in the notice and allow the tenant 14 days to correct the violation. Without a lease agreement, the owner may end the lease for any reason with one day of notice.
Alternatively, the landlord may exercise a criminal method of eviction, called a Failure to Vacate, that can only be used for after the nonpayment of rent if the tenant fails to leave after ten (10) days. The landlord may also cancel the lease agreement if the back-rent has not been paid within five (5) days.
- Step 2 – Service and Hearing
Unlawful Detainer
After the three or 14-day period has ended, the landlord can serve the tenant with a Complaint and Summons regarding an Unlawful Detainer proceeding. If the tenant does not object to the complaint within five days, the owner can get a Writ of Possession to have the tenant removed by the sheriff’s office.
If the tenant answers the complaint, the parties will have to attend a Summary Process hearing where a judge will decide who will retain possession of the property. Landlords are in a better position at this point, and need to show merely that the tenant has failed to pay rent or has damaged the property, but tenants may argue that the landlord accepts partial payments regularly or tried to evict the tenant in violation of the legal process.
Failure to Vacate
Unlike other eviction processes, with this one the property owner does not serve a complaint because it is a criminal issue. If the tenant does not pay rent or leave after 10 days’ notice, the court may charge the tenant with a misdemeanor crime and fine the tenant for every day he remains on the premises after the notice expires. Some jurisdictions in Arkansas rarely exercise this type of eviction, however.
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