Arkansas Eviction Laws: Legal Grounds and Procedures

In the past four years, there have been 31,492 evictions in the State of Arkansas, affecting countless landlords and tenants. But what does an eviction actually look like in practice? If you own property, how do you legally remove a tenant? And if you're renting, how can you protect yourself?

This article dives into Arkansas eviction laws, covering the valid reasons for eviction, the nuts and bolts of the process, and ways to avoid evictions before they become necessary. You'll learn specific notice requirements for different scenarios and the procedures landlords must follow to comply with state laws. We cover the rights of tenants facing eviction in Arkansas and ways landlords can help prevent evictions in the first place.

Legal grounds for eviction in Arkansas

State law describes specific situations wherein a landlord can initiate eviction. These rules seek to protect property owners' rights and give tenants fair treatment in their homes. Let's look at the main legal reasons for eviction in Arkansas.

Nonpayment of rent

If a tenant doesn't pay rent, this can be grounds for eviction. Arkansas doesn’t enforce a mandatory grace period, so the lease agreement terms and conditions affect how you handle this situation:

• Due date: The lease agreement should state when rent is due and how the tenant must pay it. These terms help officially establish late rent.
• Late fees: Your agreement should specify late fee amounts, and they need to be within reason. If your lease doesn't include this provision, you cannot charge fees.

Violation of lease terms

Arkansas landlords can evict tenants for violating lease terms that affect the health and safety of others — or for not upholding their legal responsibilities per Arkansas law. Examples of violations include the following:

• Causing significant damage to the property beyond normal wear and tear.
• Repeatedly disturbing other tenants or neighbors, such as causing noise violations.
• Keeping unauthorized pets.
• Subletting the property without the landlord's permission.
• Exceeding the allowed number of occupants.
• Refusing to allow the landlord reasonable access for inspections or repairs.
• Using the property for unauthorized business operations.
• Violating local health or safety codes.
• Making unauthorized alterations to the property.
• Failing to maintain the property in a clean and sanitary condition.

Holdover tenant

Tenants who refuse to leave a property after the lease expires are called holdover tenants. This situation can arise for various reasons:

• Failure to renew the lease: If a tenant doesn't renew their lease agreement for another term, they become a holdover tenant if they continue to occupy the property.
• Disagreement on new terms: Sometimes, landlords and tenants may not agree on new lease terms, such as rent increases or changes in lease conditions.
• Miscommunication: In some cases, there might be a misunderstanding about the lease end date or renewal process.

When a tenant becomes a holdover, the landlord has two main options:

• Accept rent and allow the tenant to stay, which creates a month-to-month tenancy.
• Treat the tenant as an unauthorized occupant and proceed with eviction.

Illegal activity on the premises

If a tenant engages in illegal activities on the rental property, you can immediately initiate the eviction process in Arkansas. Some situations wherein a tenant violates the law include the following:

• Drug-related activities: Manufacturing or distributing illegal substances, using illegal drugs on the property, or using the property for drug-related activities.
• Illegal gambling: Operating unauthorized gambling operations or hosting illegal gambling events on the premises.
• Prostitution: Engaging in prostitution within the rental property or using the property to facilitate prostitution activities.
• Violence or violent crimes: This includes domestic violence, assault or battery, and threats or intimidation towards other tenants or neighbors.
• Other criminal offenses: Examples include theft or possession of illegal weapons.

Arkansas eviction notice requirements

The eviction notice period and requirements depend on the reason for eviction. Here are the details for different forms of written notice:

• Nonpayment of rent: The law allows you to serve a 3-day notice to quit, giving the tenant three days to pay rent or vacate the property.
• Lease violations: In these situations, you must give the tenant time to correct the issue. Arkansas law requires you to serve a 14-day notice to quit. The tenant then has 14 days to resolve the violation or leave the property.
• Month-to-month tenancy: You can terminate this tenancy without a specific reason. The law requires you to give the tenant a 30-day notice to vacate the property.
• Illegal activity: If your tenant participates in illegal activity, you can immediately give them a written eviction notice. The notice period can begin right away.

Providing proper notice

Arkansas landlords can use the following methods to officially serve notice to tenants:

• In-person: Hand the notice directly to the tenant.
• Household member: Give the notice to a member of the tenant's household over the age of 18. A copy must also be sent via certified mail.
• Mail delivery: Send the notice via certified or registered mail. If using this method, add three calendar days to the notice period for mailing time.

Steps in the eviction process in Arkansas

After the notice period, if the tenant does not comply, the steps in the eviction process include the following:

Step 1: File an eviction lawsuit

Landlords can file an unlawful detainer lawsuit with the appropriate Arkansas State District Court that has jurisdiction over the area wherein the property is located. This court handles civil matters like unlawful detainers in cases when a landlord sues a tenant for unlawfully staying at a property.

Step 2: Summons and complaint

A process server or sheriff notifies the tenant of the eviction lawsuit. This process typically involves the following:

• Court Clerk: The clerk issues the summons to the landlord or their attorney after the eviction complaint.
• Delivery of summons: The Sheriff's Department or process server delivers documents directly to the tenant. If the tenant isn't available, alternatives include providing the document to an adult over 18 living with the tenant. If personal or substituted service fails, the court may mail the summons or hire a third-party delivery service.
• Restrictions: Landlords are not allowed to serve the summons themselves.

Step 3: Tenant response

For civil eviction lawsuits, the tenant has 5 days after receiving the notice to submit a response. For criminal evictions, tenants have 10 days after receiving the notice to vacate to submit their answer to the court.

Step 4: Court hearing

If the tenant doesn't submit a response to the eviction lawsuit, the court automatically rules in favor of the landlord. For cases wherein the tenant files a response disputing the lawsuit, here's what happens during the eviction proceedings:

• Court appearance: During the eviction hearing, both the landlord and tenant present their cases to the judge. They should bring relevant evidence such as the lease or rental agreement, eviction notice, complaint, photos, and witnesses.
• Each party's role: The landlord must substantiate their allegations against the tenant, such as failure to pay rent or property damage. Likewise, the tenant has the opportunity to present counter-evidence, like receipts for paid rent or documentation disproving alleged lease violations.
• Judge's actions: The judge listens to both parties' arguments and reviews the presented evidence. After hearing both sides, the judge makes a judgment on the case. If the landlord wins, the court issues a writ of possession.
• Tenant absence: If the tenant fails to appear for the hearing, the judge will likely rule in favor of the landlord, resulting in eviction.
• Appeal: Under Arkansas law, the tenant can appeal the judgment to the circuit court.
• Legal representation: Both landlords and tenants have the right to legal representation during the hearing.

Step 5: Writ of possession

If the judge rules in the landlord's favor, the court issues a writ of possession within three days of the ruling. This document gives the landlord the right to reclaim their rental property, and they should take it to the sheriff's office for service on the tenant.

The tenant then has 24 hours to vacate the property.

Step 6: Enforcement of the eviction order

If the tenant doesn't leave the property after the 24-hour period, law enforcement returns to carry out the eviction. This typically involves the following steps:

• Sheriff's arrival: Deputies come to the property to execute the court order.
• Tenant removal: Law enforcement oversees the removal of the tenant and their belongings from the premises.
• Securing the property: Officers change the locks to prevent the tenant from re-entering.
• Property transfer: Deputies officially give back control of the property to the landlord.
• Landlord's role: Property owners should not interfere and should allow authorities to manage the removal process.

The eviction process in Arkansas has been a topic of debate. Some argue that the state's approach protects landlords' rights, while others say it's too harsh on tenants. Reddit user AntiquarianCobalt had this perspective to offer in a thread on r/Arkansas:

"They're not being jailed for not paying rent. They're being jailed for not leaving. If you aren't paying your rent, you're no longer a renter, just an unwelcome visitor, and visitors can be told to leave — and visitors who don't leave are trespassing and should be escorted off the property — and those who refuse should be arrested."

Experiences like this offer real-world perspective on why it's so important for both landlords and tenants to understand eviction laws. There are real lives and livelihoods involved between all the lines of legal precedent and procedure.

Step 7: Tenant's personal property

A landlord has additional responsibilities regarding the tenant's personal property. Arkansas law requires the landlord to do the following:

• Notice: Provide notice to the tenant to collect their belongings.
• Storage: The landlord must store the property for at least 30 days.
• Disposal: If the tenant doesn't retrieve their personal property within 30 days of being notified, the landlord can legally dispose of it.

Monetary compensation

Arkansas landlords can seek various forms of compensation during evictions:

• Unpaid rent: Tenants are responsible for paying rent for the duration of their occupancy, including during the eviction process.
• Property damages: Landlords may claim compensation for damages beyond normal wear and tear.
• Legal costs: Property owners can seek to recoup court filing fees and other eviction-related legal expenses.
• Security deposit: Landlords can apply the tenant's security deposit to cover unpaid rent or damages. The law requires them to provide an itemized list of these costs within 60 days of vacancy.

Be aware that there may be compensation limits based on the lease agreement and eviction circumstances.

Arkansas eviction process timelines

The total timeline for the eviction process in Arkansas depends on the reason for the eviction, the court schedules, and whether a tenant appeals the eviction. Here's the overall timeframe:

• Notice period: 3 to 30 days.
• Tenant response: 5 days.
• Court hearing: The timing depends on court schedules, and it can last a few days to a few weeks.
• Writ of possession: 3 days.
• Eviction enforcement: 24 hours.
• Appeal: If the tenant appeals, this can create extra time in the process.

Illegal eviction actions in Arkansas

Be sure not to take illegal actions in the Arkansas eviction process, including any of the following:

Self-help evictions

It might be tempting to speed up an eviction by taking matters into your own hands, but this self-help approach is illegal. Examples of self-help actions include the following:

• Changing locks: Property owners can't change the locks to evict a tenant. Always follow proper procedures, including getting a court order first. You can only change the locks after receiving a writ of possession and in the presence of law enforcement.
• Removing tenant's property: Don't attempt to evict a tenant by removing their personal property, such as furniture, clothing, or appliances.
• Shutting off utilities: Landlords can't shut off utilities to force tenants out of a property. This tactic, known as a "constructive eviction," is illegal.

Retaliatory evictions

Arkansas law prohibits landlords from evicting or retaliating against tenants. One example includes tenants who report lead hazards on the property. Arkansas Code §20-27-608 protects occupants who disclose safety concerns like these.

Discrimination

The Arkansas eviction process also means landlords must avoid discriminatory practices during this process. Key points about the Fair Housing Act and evictions include the following:

• Protected classes: You must not evict a tenant based on their race, color, national origin, religion, sex, familial status, or disability.
• Consistent enforcement: Apply eviction policies uniformly to all tenants, regardless of their protected characteristics.
• Familial status: You can't evict tenants solely because they have children or are pregnant.

Arkansas evictions tenant rights

Tenants in Arkansas have a right to a fair eviction process. This means that the landlord must follow the process mentioned above, provide proper notice, and allow you time to fix the situation if it's not a criminal eviction.

You also have the right to appeal the unlawful detainer eviction ruling. Potential reasons for appeal could be that the landlord didn't provide a proper eviction notice or follow all steps in the formal eviction process.

To appeal, tenants must submit to the court and then pay an appeal bond within 5 days of filing their appeal. The court sets the bond amount. If the tenant fails to file the appeal bond within the specified five-day period, the court will dismiss the appeal and the eviction process continues.

Tenant eviction resources

The state provides several resources for tenants facing eviction:

• Legal help: Legal Aid of Arkansas and the Center for Arkansas Legal Services provide free legal help to tenants going through an eviction hearing.
• Government agencies: The Arkansas Attorney General's Office, which provides information on landlord-tenant rights, and the Arkansas Department of Human Services, which provides financial support for past-due rent and utilities.
• Local housing help: The Arkansas Fair Housing Commission provides resources for tenants facing discrimination, and local housing authorities provide information on tenants' rights and resources for low-income housing.

Preventing evictions in Arkansas

Arkansas landlords and property managers can reduce the risk of evictions with property management software like Azibo. This all-in-one platform supports your rental property business with several elements of key functionality:

Tenant screening

You can use Azibo to thoroughly screen tenants before signing a lease or rental agreement. Get details on the potential renter's ability to pay rent, and view credit reports, past rental, and criminal history so you can choose the most reliable tenants for your property.

Lease agreement

Easily generate legally compliant leases for the state of Arkansas. A clear rental agreement helps protect you from potential disputes, liabilities, and financial losses.

Rent collection

Make it easy for tenants to pay rent online, and avoid the potential of forgotten payments or mistaken delays that could lead to rent evictions. Azibo allows you to send rent reminders and automatically document the status of rent.

Maintenance and Messaging

Each party shares the responsibility for maintenance. Tenants must report critical repairs or maintenance issues in a timely manner so landlords can address the situation. Azibo's online maintenance messaging platform simplifies this communication and tracking for everyone.

Document storage

If you need to file an unlawful detainer lawsuit, you'll need clear documentation of the tenant's behavior and the issues that led to the lease violation. Azibo's document storage provides a centralized place to store all key tenancy information.

Arkansas Eviction

Arkansas eviction laws seek to balance the rights of landlords and tenants. Knowing these regulations helps both parties manage rental situations fairly. Landlords can protect their investments, while tenants can safeguard their housing rights.

Open communication, clear agreements, and quick action on issues may avoid the need for eviction. Regular property maintenance, timely rent payments, and respect for lease terms create a stable rental environment for all parties.

If eviction becomes necessary, following the legal process protects everyone involved. Both parties should understand the processes regarding notices, court filings, and timelines. Self-help eviction methods can lead to delays, legal issues, and financial losses.

Tenants should know the valid reasons for eviction, required notice periods, and available resources. If you're struggling with rent, reach out to local assistance programs early. Landlords should consider using property management tools to streamline operations and reduce the risk of issues that lead to eviction.

Stay informed, act responsibly, and seek help when you need it.

Arkansas eviction laws: FAQs

How long does it take to evict a tenant in Arkansas?

The eviction process typically takes about 30-45 days from when the landlord files for eviction to the tenant's removal. This timeframe depends on court schedules and whether the tenant contests the eviction. If the tenant appeals, this can further delay the process.

Can you evict someone without a lease in Arkansas?

Yes, in Arkansas, you can evict a tenant without a lease. You must still follow the state's legal eviction process, which includes providing proper notice and filing for eviction in court.

How much does it cost to evict a tenant in Arkansas?

The cost to evict a tenant in Arkansas typically includes court filing fees, which can range from $100 to $200, plus any additional costs for serving notices and potential attorney fees. These costs can vary based on the complexity of the eviction case.