Serving eviction notices in Arkansas is the first step to terminating the tenancy agreement between the landlord and tenant.
It’s important to understand that the eviction laws in Arkansas establish a legal framework that protects the rights and responsibilities of both parties.
For landlords, this legal structure helps to create an unambiguous procedure when dealing with a defaulting or unruly tenant. It also helps landlords regain possession of their property while avoiding any potential legal disputes that may arise from ineffectively following the eviction laws.
In Arkansas, these eviction processes are also paramount to tenants. They guarantee the tenant’s rights and protection, while also preventing wrongful and unlawful tenancy termination. It promotes a fair and balanced approach for both parties.
In this article, we’ve covered the different types of eviction notices and the associated legal processes in Arkansas.
Eviction Laws in the State of Arkansas
The primary Arkansas State laws that govern the eviction process, is Title 18 of the Arkansas Code. This is also recognized as the Arkansas Residential Landlord-Tenant Act of 2007.
Chapter 17 of this Act provides a comprehensive outline for the procedures and rules that define landlord-tenant interactions, particularly in the context of evictions.
It establishes the laws governing rental units, landlord-tenant obligations and rights, as well as the role of both parties in maintaining the dwelling unit.
Over time, there have been recent changes and amendments to the eviction laws in Arkansas. Many of the rules have been repealed to protect the tenant’s rights, especially during the COVID-19 pandemic period. For example, retaliatory evictions are considered illegal in Arkansas.
We would consider all the legal requirements and procedures for evictions in this article.
Types of Rental Agreements in Arkansas
There are various types of rental agreements in Arkansas. These are;
Standard Lease Agreement: This is a contractual rental agreement binding between the landlord and the tenant. It contains essential details containing the parties’ information, rental address, duration of the lease, rent amount, etc.
Month-to-Month Lease Agreement: This is a monthly lease agreement that allows the tenant to pay rent to the landlord every month. Therefore, the rental lease automatically renews each month, but the tenancy agreement can be terminated by notice from either party.
Sublease Agreement: This type of agreement allows the original tenant to sublease all or part of the rental property to another tenant. This is typically done with the consent of the landlord. This can also be called subletting, and it is permitted in Arkansas.
Roommate Agreement: This is a written contract between two or more persons living together. The agreement outlines the housing rules and regulations, as well as the living arrangement as to chores, rent payment, limited number of visitors, maintenance, etc.
Commercial Lease Agreement: This is a contractual rental agreement used to obtain a commercial property. Examples of these types of properties are offices, industries, factories, retail spaces, etc.
Rent-to-Own Lease Agreement: This type of agreement allows the tenant to rent the property, but also allocates the option of purchasing it at a predetermined price in the future.
Grounds for Eviction
In Arkansas, landlords are only allowed to evict a tenant before his lease term expires in any of the following situations;
Failure to Pay Rent
This is one of the most common reasons for serving an eviction notice in Arkansas.
If a tenant fails to pay the rent when due, the landlord is entitled to serve an eviction notice to terminate their tenancy agreement.
Unless otherwise provided in the lease agreement, rent is considered due in Arkansas, at the beginning of the month, five days after its due date. Therefore, if one’s rent is due on the 1st of September, it will be considered late by the 6th of Septemeber.
However, there are two ways in which the landlord can evict the tenant. He may evict a tenant through a civil or criminal action. Although, the former is more common.
Violation of Lease Terms
If a tenant violates any term in the lease agreement or fails to uphold his responsibility stipulated under Arkansas eviction laws, the landlord may issue an eviction notice.
If the violation is remediable by the tenant, he may be allowed to remain in the rental, provided that the remedy is done within a stipulated timeline.
Examples of some lease violations are;
- Disturbing the other tenants with loud activity;
- Smoking in a non-smoking property;
- Keeping pets in pet-free properties, etc.
Examples of some of the legal responsibilities laid down under the law are;
- Failing to keep the rental in a safe, healthy, or habitable condition;
- Constituting a nuisance, as described under the law;
- Denying the landlord access to the rental;
- Changing the rental locks without the landlord’s permission, etc.
Illegal Activity
The landlord may file for an immediate eviction if the tenant engages in any of the following acts on the rental premises;
- Gambling;
- Prostitution;
- Unlawful sale of alcohol;
- Committing a criminal offense;
- Permits or allows another person to use the rental property as a ‘common nuisance’. Common nuisance refers to a place used for the commission of three or more criminal offenses, or a place used to sell, manufacture, store, or use illegal substances.
These are uncurable breaches, and the landlord does not have to file a notice to the defaulting tenant. He may go ahead to file an eviction lawsuit to immediately remove the tenant from the premises.
End of Lease or No Lease
A landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”).
Arkansas eviction laws for no lease or a holdover tenancy is that the landlord must first terminate the tenancy agreement by serving an eviction notice.
If the tenant fails to vacate the premises after the demand in the notice has been made, the landlord can file an unlawful detainer suit to lawfully drive the tenant out.
Types of Eviction Notices in Arkansas
In Arkansas, eviction notice is an important step in terminating a landlord-tenant relationship.
They are typically used when a tenant defaults in paying rent, violates a lease agreement, or holds over the tenancy agreement.
If the tenant fails to follow the notice requirements, the landlord may regain possession of the rental property by filing an eviction lawsuit in the appropriate court.
However, there are different types of eviction notices in Arkansas. Each of these notices is put in place for various situations.
Understanding these types would help landlords and tenants to be aware of their rights, responsibilities, and the proper legal procedures.
Eviction Notices with Cause
In certain cases, landlords can legally send eviction notices to the tenants. The particular circumstances of the case would determine which notice is appropriate.
Here are the types of eviction notices in Arkansas;
3-Day Notice to Pay Rent or Quit
In Arkansas, if the tenant fails to pay rent 5 days after its due date, the landlord can issue a 3 day eviction notice under Arkansas law.
This is a civil eviction action, commonly known as the ‘Unlawful Detainer Method’.
The notice should inform the tenant of the reason for the eviction, and that the tenancy agreement would end in three days.
In this case, the tenant has only 3 judicial days (excluding weekends and legal holidays) to pay the rent due or leave the rental unit. However, the landlord is not obligated to give the tenant the chance to pay the rent.
If the tenant fails to pay the rent or vacate the property after three days, the landlord can proceed with filing an eviction lawsuit.
10-Day Notice to Quit
Where a tenant fails to pay rent five days after its due date, the landlord can pursue criminal charges against the tenant.
In Arkansas, this is a criminal eviction action available at the landlord’s disposal, although, in the practical sense, it is not commonly used.
This type of action is used to pursue nonpayment of rent, possession of the premises, and criminal misdemeanor charges.
For criminal nonpayment of rent, the landlord must send a 10-day eviction notice to the tenant informing him of the breach and that the tenancy agreement would end in three days.
The tenant can stop the eviction proceedings by paying the unpaid rent or vacating the rental premises.
If the tenant fails to leave after 10 judicial days (excluding weekends and legal holidays), he will be liable for a criminal misdemeanor.
Upon conviction, the court may file a sum not more than $25 for each day the tenant remains on the premises after the notice period has expired.
14-day Notice to Cure or Quit for Non-Compliance
If a tenant violates a term in the lease agreement, the landlord can serve a 14-day eviction notice to cure or quit.
Therefore, the tenant can either fix the violation or leave the leased property within 14 days.
This notice should specify the breach committed and what is required to remedy it.
If the violation is not remedied within 14 judicial days (excluding weekends and legal holidays), the tenancy agreement is terminated.
In such a case, the landlord can continue with the eviction lawsuit if the tenant doesn’t fix the violation or leave the rental unit.
Immediate Notice To Vacate
If a tenant commits any illegal or criminal act on the rental premises, the landlord can issue an immediate notice to vacate.
In this case, the landlord is not required to give prior notice of eviction. Under Arkansas eviction laws, the landlord can just go directly to the courthouse to file an unlawful detainer proceeding.
Eviction Notices without Cause
In Arkansas, landlords can only issue an eviction notice to terminate a tenancy agreement where there’s a specific cause for it.
In other words, the tenant must have defaulted in paying rent, violated a lease term, or committed an illegal activity.
However, in some situations, the landlord can also issue an eviction notice without a specific cause.
This mainly arises when the lease agreement is about to expire, and the landlord does not wish to renew it.
For a fixed-term tenancy such as a one-year lease agreement, the landlord is not required to give notice to the tenant except when the lease agreement requests it. In a general sense, the landlord expects the tenant to leave the rental once the lease term expires.
On the other hand, for a week-to-week tenancy, the landlord is expected to give a 7-day eviction notice before the proposed termination date. On the other hand, a month-to-month tenancy can be terminated with an Arkansas 30-day notice to vacate, served before the proposed termination date.
As such the eviction notice informs the tenant of the non-renewal of the tenancy agreement, the termination of the tenancy agreement, and the need to move out of the rental premises.
Although in this case, there’s no specific cause for the eviction, the landlord can still pursue a lawsuit if the tenant holds over after the termination of the tenancy agreement.
Eviction Process in Arkansas
Issuance of Eviction Notice
In Arkansas, the first step to start an eviction process is to serve the tenant with an eviction notice, clearly stating the reason for eviction (e.g., nonpayment of rent, lease violation).
The eviction notice can be served personally to the tenant, left with the tenant’s family of suitable age residing on the tenant’s property, or by delivering it to an authorized agent on behalf of the tenant.
It can also be made via certified mail with a return receipt or delivery by a commercial delivery company.
If all of the above methods fail, then the notice can be delivered by affixing it to the ‘most conspicuous part of the premises’.
It is important for the landlord to keep copies of the notice as proof of service. This would prove that the landlord followed the legal procedure in serving the eviction notice under Arkansas law.
Filing an Unlawful Detainer Lawsuit
If after the notice period has elapsed, and the tenant has not vacated the rental premises or cured the violation (where applicable), the landlord can file a complaint in an Unlawful Detainer form and supporting affidavit of eviction.
The complaint can be filed at a district court where the rental is situated or at a circuit court with concurrent jurisdiction.
According to AR Code § 18-17-902 (2020), the complaint must include the reason for the eviction, and the supporting affidavit should be signed by a person with personal knowledge of the eviction grounds.
In the case of a criminal action for non-payment of rent, the landlord can directly request an order for eviction in the appropriate court.
When filing, the landlord may be required to pay some prescribed fees. In Arkansas, this fee will be $65, applicable to all counties.
Serving the Summons and Complaint
After the landlord files a claim, the court would issue a summon requiring the tenant to either vacate the rental or file an answer.
The summon, alongside the complaint, must be delivered to the tenant by the sheriff, deputy, or any person appointed by the court as a process server.
According to AR Rules of Civ Procedure, Rule 4, the summon and complaint may be delivered to the tenant (who must be a natural person, at least 18 years, or authorized by law) through any of the following methods;
Personal Service: By delivering it to the tenant in person, or if he refuses, by leaving it in close proximity to him.
Substituted Service: By leaving it with the tenant’s family who is at least 18 years living in the tenant’s residence.
Agent Service: By leaving the documents with an authorized agent who is to collect them on behalf of the tenant.
If the tenant is a minor, then the process can be delivered to his parent or guardian.
If the above-listed methods can not be achieved, the document can alternatively be delivered by the landlord or his attorney through;
Mail Service: By delivering it via certified mail with a return receipt. If an acknowledgment is not received from the tenant within 20 days, another method should be used.
Delivery Service: By enlisting the service of a commercial delivery company.
In Arkansas, it’s important that the legal documents are properly served on the tenant, or it could impede the eviction process.
After receiving the order from the court, the tenant has 10 days (for criminal eviction action) or 5 days (for other eviction) to file a response.
Failure to file a response would result in a default judgment being filed in favor of the landlord. This default judgment would grant the landlord the writ to evict the tenant under the law.
Tenant Defenses
The tenant can employ any of the following defenses against the eviction claim when filing an answer to court. Where proved, these defenses may impede the eviction process or overall, prevent the tenant from facing liability.
Self-Help Eviction: In Arkansas, it is illegal for a landlord to resort to any form of self-help acts such as changing the tenant’s local, turning off all utilities, etc. Where the landlord resorts to any of these acts, the tenant may raise it as a defense which could countermand the eviction.
Improper Notice: Arkansas eviction laws require strict regulations when it comes to evicting a legal tenant. As such, where a landlord improperly serves the tenant or serves the wrong notice, it could be raised as a defense. In most cases, the landlord might have to restart the whole eviction process.
Defective Summons and Complaint: If the summons and complaint issued by the court are not properly served on the tenant according to the law, it could impede the entire eviction process. Particularly where it is the reason for the tenant’s failure to respond.
Tenant Paid Rent in Full or Partially: After serving the eviction notice upon the tenant, and such tenant pays the rent in full before the notice period ends, the landlord can not continue the eviction proceeding. Likewise, where the landlord accepts part payment, he forfeits his right to file an eviction lawsuit for that particular late rent. In other words, the acceptance of the partial payment serves as an agreed payment plan between both parties. Where the landlord goes against this agreement, the tenant can use this as a defense.
Landlord Failed to Maintain the Rental Unit: According to the eviction law in Arkansas, landlords are expected to maintain the rental property in a safe and habitable condition. Therefore, there must be basic utilities in the rental unit, the property must follow the housing and building codes, etc. If the landlord fails to comply with this rule, the tenant may use the default to impede the eviction process.
Discrimination: It is illegal for a landlord to evict a tenant based on sex, ethnicity, religion, marital status, family status, and others. If any landlord indulges in this act, the tenant can use this point as a defense against eviction. \
Retaliation: Landlords are not allowed to evict a tenant in retaliation against any legal act committed by the tenant. Examples of these acts are; reporting violations of housing or building codes, joining a tenant’s organization, complaining about a utility failure, etc.
Court Hearing and Judgment
Once the tenant files an answer to the summon, the court will set a date for the court hearing, and notify the tenant by certified first mail.
Both parties are to present their cases using valid arguments and credible evidence. During the hearing, the landlord is expected to bring a copy of the lease agreement or deed, proof of service, and any evidence of the lease violation.
The court would issue a judgment once both parties have been able to present their cases.
If the judgment favors the landlord, then a writ of possession would be issued.
Where the landlord seeks an immediate writ of possession, he may request that the eviction be expedited by providing a ‘prima facie’ case’ (at first sight) for possession of property or where the tenant has committed an illegal act. The writ would be issued immediately according to the court’s ruling.
If the tenant fails to appear at the court hearing, a default judgment will be granted to the landlord. However, if the tenant attends and wins the lawsuit, he may be allowed to remain in the premises pending the time his lease term expires.
Issuing a Writ of Possession
If no appeal is filed by the tenant, the Writ of Possession is issued within three days of the court’s judgment.
The writ grants the landlord the court order to evict the tenant from the rental premises.
However, he can not physically evict the tenant, but must rather do this through a law enforcement agent.
Executing the Eviction
After issuing the writ of possession, the tenant has only 24 hours to vacate the rental premises.
Once it is issued, the landlord should deliver the writ to the sheriff for execution. Upon receiving it, the sheriff must serve the writ to the tenant personally, through substituted service, or by posting it in a conspicuous place on the tenant’s premises.
After serving the writ, the tenant has only 24 hours to move out. If the tenant fails to move out after 24 hours, the sheriff is authorized to forcibly remove all locks or barriers to the tenant’s residence, as well as physically restrain the tenant from interfering with the removal of his personal property from the rental.
If the tenant abandons his personal property, the sheriff may store it in a warehouse or other storage unit under the control of the landlord.
Where the landlord obtains monetary judgment, the personal property can be sold and the sale from the proceeds must first be used to settle the storage fee, then other damages.
Eviction Notice by States
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FAQs
In Arkansas, the eviction process takes about two to three weeks. However, this timeline can be extended depending on the reason for the eviction and whether it is appealed for reconsideration.
Eviction notices in Arkansas can be served personally to the tenant, by leaving it with the tenant’s family, or through an agent.
A 10-day eviction notice in Arkansas is used to pursue a criminal eviction action for the tenant’s default in paying rent when due.
The average cost for serving an eviction notice in Arkansas for court filing and service process fee is $263. However, this estimate may vary by county, circumstances of the case, storage fee, etc., and it doesn’t include any legal fee.
In Arkansas, the first step to commencing an eviction process is serving the appropriate eviction notice. Once the notice is served and the tenant remains in default, the landlord can go ahead to file a complaint at the district court. Afterward, the summons would be issued and served, and the court hearing for both parties would commence. The outcome of the lawsuit would determine whether there would be a landlord-tenant relationship.
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