The Arkansas eviction notice forms may be used in the event that a tenant fails to pay rent or otherwise violates the terms of the lease. The forms explain the reasons for eviction and the conditions under which the tenant needs to leave the property. When a tenant remains on the property after violating the lease terms, it’s called “unlawful detainer”. Under the Arkansas Landlord Tenant Act of 2007, a landlord, after proper notice, may have the tenant evicted by filing a Cover Sheet, Summons, complaint and notice of intent to issue a writ of possession with the circuit court with a fee of $165.00 The defendant will have to be served by a process server and they will have 5 days to file and pay the rent owed. If a tenant fails to do either of these steps, the court may issue a writ of possession, whereby the tenant will be barred from entering the premises.
Types of Notices
5-Day Notice to Quit (Non-Payment of Rent) – This is the notice that may be served if a tenant fails to pay his or her rent within five days of the date that it is due.
14-Day Notice to Quit (Non-Compliance) – In the event that the tenant breaches other provisions of the lease, not related to the payment of rent, such as having other people stay in the premises or having a forbidden pet, a landlord may serve this notice.
30-Day Notice to Quit (Month to Month) – This notice is for terminations of leases in the normal course of business, for instance when the lease is a month-to-month lease, or when the term is up and the landlord does not intend to renew the lease.
When is Rent Due?
Rent is due within 5 days of the due date, otherwise the Landlord may terminate the lease agreement. § 18-17-701.
How to Evict (Process)
In the event a tenant breaches the terms of a lease and you need to seek to have him evicted, you should follow the following steps:
Step 1 – If a tenant is not in compliance with the terms of the lease, you must serve the tenant with a notice to quit. If they fail to pay rent within 5 days of the date the rent is due, you may serve a 5-Day Notice to Quit (Non-Payment of Rent). For other breaches, you may serve a 14-Day Notice to Quit (Non-Compliance) and to inform the tenant of the termination of the lease in the normal course of business, you may serve a 30-Day Notice to Quit (Month to Month).
Step 2 – If the tenant fails to respond to the notice to quit the landlord may file an action in the Arkansas Circuit Court. The following documents will need to be filed, along with a $165 filing fee:
Step 3 – The landlord then must obtain the services of a process server to serve the documents on the tenant.
Step 4 – The tenant has 5 days to pay the owed rent and to file an answer with the court. If the tenant fails to do either of these requirements, the court may issue a write of possession which will give possession of the premises back to the landlord and the tenant will be barred from accessing the premises.
Step 5 – A landlord may then go after the tenant for damages including unpaid rent, cleaning costs, court costs and other damages.