Outline of the Eviction Process in Arkansas

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent (late one day after due date, unless lease specifies grace period).
  • Lease violation (e.g., unauthorized occupants, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
• Laws: Ark. Code Ann. § 18-60-301 to § 18-60-312 (Unlawful Detainer); § 18-17-101 to § 18-17-913 (Residential Landlord-Tenant Act).

2. Notice to Quit

• Written notice served:
  • Non-payment: 3-day notice to pay or vacate (civil unlawful detainer).
  • Lease violation: 3-day notice to cure or vacate (if curable).
  • Month-to-month: 30-day notice to terminate.
  • Illegal activity: 3-day notice to vacate (no cure, criminal unlawful detainer).
  • Holdover tenancy: 3-day notice to vacate.
• Delivery: Sheriff, constable, or process server; posted with mailed copy; or mailed (effective upon receipt).
• Tenant can cure by paying rent or fixing violation (within 3 days, civil cases only).

3. Filing the Eviction Case

• File Complaint for Unlawful Detainer in Circuit or District Court.
• Documents: Complaint, Notice to Quit, lease, proof of service.
• Fee: ~$65–$165 (varies by county).
• Timing: After notice period expires (e.g., 4th day for 3-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 5 days before hearing.
• Methods: Personal delivery, left with resident, or posted (with mailed copy for civil cases).
• Tenant has 5 days to file answer or appear.

5. Court Hearing

• Held 7–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation; limited in criminal cases).
• Outcomes: Eviction granted, case dismissed, or agreement (rare in criminal cases).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 7 days (requires bond).
• Writ issued: ~7–10 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Ark. Code Ann. § 18-60-307.

8. Tenant Protections

• Rights:
  • Cure violations (3 days, civil cases), defenses (retaliation, discrimination, limited in criminal evictions).
  • No self-help evictions (landlord penalties include damages or property return).
• Resources:
  • Legal Aid of Arkansas (800-952-9243), arlegalaid.org, arkansasjustice.org.

Notes

• Disclaimer: General guide; consult a lawyer.
• Sources: Ark. Code Ann. § 18-60-301 to § 18-60-312, § 18-17-101 to § 18-17-913; arcourts.gov; arlegalaid.org.