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Arkansas Eviction Notice Forms (3)

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Arkansas Eviction Notice Forms (3)

Updated November 28, 2023

An Arkansas eviction notice is a letter sent from a landlord to a tenant to identify a lease violation. The most common infraction is late rent, but it can be any non-compliance. The tenant will have a specified number of days to fix the issue. If not, the tenant will be required to vacate the premises.

By Type (3)

3-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.

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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 on the premises or having a forbidden pet, a landlord may serve this notice.

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30-Day Notice to Quit (Month-to-Month Tenancy) – This notice is to terminate a month-to-month lease, giving the tenant 30 days to vacate the premises.

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Table of Contents

Eviction Laws

  • Rent Grace Period: 5 days[1]
  • Non-Payment of Rent:3 days[2]
  • Non-Compliance: 14 days[3]
  • Termination (Month-to-Month Lease): 30 days[4]
  • Eviction Lawsuit: Eviction Proceedings[5]

Court Forms

Civil Case Cover Sheet – The Cover Sheet is to be filed by the landlord with the court along with the Summons and Complaint. The information contained therein is for statistical purposes exclusively.

Complaint – The Complaint is a document that is filed with the court and served on the tenant to indicate their violations of the lease agreement and the reasons for which they are being sued.

Summons – The Summons is filed with the court then served on the tenant to formally inform them that a lawsuit was filed against them. The Proof of Service must be completed by the server once the tenant has received the requisite forms.

Answer – The tenant (defendant) will have the ability to file an answer with the court, pleading guilty or contesting the claims made against them.

Writ of Possession – This document can be obtained following a ruling in favor of the landlord. It proves that the landlord legally possesses the property and that the tenant must vacate within 24 hours or be forcibly removed by the sheriff’s department.

How to Evict a Tenant (5 steps)

  1. Give Notice to the Tenant
  2. File an Action
  3. Serve the Tenant
  4. Writ of Possession
  5. Damages

1. Give Notice to the Tenant

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 3-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).

2. File an Action

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:

3. Serve the Tenant

The landlord then must obtain the services of a process server to serve the documents on the tenant.

4. Writ of Possession

The tenant has five 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 writ of possession which will give possession of the premises back to the landlord and the tenant will be barred from accessing the premises.

5. Damages

A landlord may then go after the tenant for damages including unpaid rent, cleaning costs, court costs, and other damages.

Sources

  1. § 18-17-701(b)
  2. § 18-60-304(3)
  3. § 18-17-701
  4. § 18-17-704
  5. § 18-17-9