Eviction Process In Arkansas
Evicting a tenant in Arkansas means following the unlawful detainer process exactly, start to finish. Skipping a step, whether it's the notice period, how the tenant is served, or the lockout procedure, can restart the clock or expose a management company to liability. This guide walks through each step with the source behind it.
Everything below is drawn from the Arkansas Attorney General's landlord-tenant guidance and the Arkansas Code. Specific deadlines do change, so confirm the current text before you rely on a date in a live case.
Overview Of The Eviction Process
Arkansas landlords pursue tenants through a civil action for "unlawful detainer." Unlawful detainer actions are heard in the circuit court of the county where the property is located, or in a district court where the Arkansas Supreme Court permits. (Ark. Code Ann. § 18-60-306)
Lawful Grounds For Eviction
Arkansas is unusual in that state law lets a landlord terminate a tenancy for any reason, in addition to nonpayment.
- Failure to pay rent, or to pay rent on time, for any reason, is grounds for eviction.
- A landlord may give notice of lease termination for any reason; even a tenant in full compliance with the lease may still have it terminated.
Notice Requirements
An unlawful detainer action requires the landlord to first give the tenant three days' written notice to vacate. For an oral, month-to-month-style lease, one rental period's notice is required to end the tenancy; a written lease follows its own specified terms.
Filing The Case
If the tenant does not vacate after the notice period, the landlord files a complaint in the circuit court of the county where the property is located (Ark. Code Ann. § 18-60-306); confirm the complaint form and filing fee with the circuit clerk.
The Tenant's Response
The tenant has five days after receiving the summons to file a written objection with the court clerk, with a copy sent to the landlord's attorney.
Hearing And Judgment
If the tenant files a written objection, a hearing is scheduled to determine the outcome of the case; confirm hearing timelines with the circuit clerk.
The Writ And Lockout
If the tenant does not file a written objection, the county sheriff removes the tenant from the dwelling. Confirm lockout logistics and any property-disposal requirements with the sheriff's office.
Eviction is the last step in a relationship that's already gone wrong. See our guide to Arkansas property management laws and regulations for the licensing, disclosure, and trust-account rules that apply before it gets to this point.
Doing It By The Book
Self-help evictions, changing locks, removing doors, shutting off utilities, are illegal in every state and expose a management company to real liability regardless of how clear the nonpayment is. The court process exists because it's the only lawful way to remove a tenant, and skipping a step (a defective notice, bad service) is the single most common reason a case gets dismissed and restarted from day one.
This guide is a starting point for professional managers, not legal advice. For a specific case, a contested filing, or anything unusual, work with an Arkansas attorney, and confirm current procedure with the Arkansas Attorney General's landlord-tenant guidance or the Arkansas legislature.
Sources
Every fact above is drawn from one of the official sources below.
- Landlord and Tenant Rights, Arkansas Attorney General
Managing rentals through an eviction?
An eviction lands on your books as well as your docket: the security deposit disposition, prorated or written-off rent, and the owner statement it all flows into. If you would rather have the accounting side handled while you handle the property, see how we keep trust accounts clean through move-outs, or find your state in our eviction process guides.
