An Arkansas Eviction Notice is a formal document sent by a landlord when a tenant violates the terms of their lease or fails to pay rent. It defines the violation and provides the tenant with a specified amount of time to cure it or vacate the premises.
The Arkansas Landlord Tenant Act of 2007 allows a landlord to file an eviction lawsuit with the District Court after giving a proper tenant notice. This article reviews how to draft that notice.
Arkansas Eviction Notice Forms: by Type (3)
3-Day Notice to Quit (Non-Payment of Rent): A 3-Day Notice (Non-Payment of Rent) informs an Arkansas tenant that they have 3 days to pay due rent or face eviction. The tenant leaving the property does not do away with the rent balance.
Download: Microsoft Word (.docx) or Adobe PDF
14-Day Notice to Quit (Non-Compliance): A 14-Day Notice to Quit (Non-Compliance) is sent to a tenant who has violated their lease in a way that does not constitute unpaid rent. It explains the violation and how to fix it or vacate within 14 days.
Download: Microsoft Word (.docx) or Adobe PDF
30-Day Notice to Quit (Month to Month): An Arkansas 30-Day Notice to Quit is used to end a month-to-month lease agreement. It can be written by either party to inform the other party that the lease will not be renewed after a certain date.
Download: Microsoft Word (.docx) or Adobe PDF
The Eviction Process in Arkansas
If a tenant violates the terms of their lease agreement, you as a landlord can evict them from your property through a legal eviction action. The following steps constitute that process in Arkansas:
Sending an Eviction Notice
The eviction process only begins when you send the violating tenant an official eviction notice, otherwise called a notice to quit. The notice should explain their breach and give them a chance to cure it or vacate the property. Depending on the breach, you may send one of the following notices:
- 3-Day Notice to Quit (Non-Payment of Rent)
- 14-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Filing an Eviction Lawsuit
Once you send the notice to quit, you should allow the tenant the state-allotted time to respond by either fixing the problem or moving out. If they fail to respond, you may file a legal action in the Arkansas Circuit Court. You will be required to pay $165 in filing fees and present the following forms:
- The Formal Complaint
- The Cover Sheet
- A Summons
- A Notice of intent to issue a writ of possession.
Serving the Complaint
The formal Complaint details your case against the tenant. Once filed, you must serve it upon the tenant through a process server. The tenant will have 5 days from the date of serving to file an Answer.
Going to Trial
Most eviction cases are summary lawsuits, meaning you will likely receive a court date soon after filing for legal action. Once the date is set, both you and the tenant must show up in court and argue your cases. The judge will then rule on your right to regain possession of the property.
Evicting the Tenant
The court will usually assign the tenant a few days to willingly move out. If they don’t, a judge may issue a writ of possession that legally bars the tenant from accessing the premises. In the event you are seeking damages, you may move to a superior court and file another case.
When Is Rent Due in Arkansas?
Rent payments in Arkansas are considered due within 5 days of the specified due date. This means that a landlord must refer to the original lease agreement to determine whether rent is due.
Arkansas Laws & Requirements
Related Arkansas Court Forms
The following court forms are filled out by tenants, landlords, and government officials during the eviction process in Arkansas:
- Complaint – A landlord files this document with the local court to begin an eviction action. It explains how a tenant violated their lease and why they are being evicted.
- Summons – Filed with the court then served on the tenant to inform them that a landlord has filed a lawsuit against them.
- Civil Case Cover Sheet – Filed alongside the Complaint and summons for statistical purposes.
- Answer – Filed by the tenant to either accept or deny the landlord’s claim.
- Writ of Possession – Signed by a judge to permit the sheriff’s department to remove an evicted tenant from a landlord’s property if they do not move out within 24 hours.
How to Write a Notice to Quit
The following is a step by step guide to help you draft an effective Arkansas Eviction Notice:
Step 1: Obtain a copy of the original lease and note down the lease dates, tenant’s name, property address, and lease signature date.
Step 2: Mention the nature of the violation and refer to the original lease agreement.
Step 3: Describe the violation, and prescribe instructions in accordance with Arkansas laws as follows:
- Past due rent – 5 days to pay or vacate. Indicate the total due amount, rental periods, preferred payment method, and account number.
- Lease violation – 14 days to cure or vacate. Explain the actions the tenant can take to fix the issue.
Step 4: If you are writing to terminate a month-to-month tenancy, state your intention and the effective termination date, which should give a 30-day notice.
Step 5: Verify the notice with your full name and signature.
Step 6: Have the agent that delivers the notice indicate the delivery date and method.
3-Day Notice to Quit (Non-Payment of Rent)
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: Pay or Vacate
Dear {Mr./Mrs./Ms. Last Name},
You are currently in violation of the lease agreement dated {signature date} for the property on {property address}. You have not paid rent in the amount of {amount} for {rental period}, which puts your total debt at {total amount}.
With this notice, I am giving you 3 days to credit the amount to {payment details} or vacate the property. If you have taken none of these actions by {deadline}, I will be forced to file an eviction lawsuit against you.
You can contact me at {contact information} if you have any questions.
Sincerely,
{Your Name}
{Your Signature}
14-Day Notice to Quit (Non-Compliance)
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: Comply or Vacate
Dear {Mr./Mrs./Ms. Last Name},
Your {describe violation} on the property on {property address}, which was discovered on {date}, is in direct breach of the lease agreement signed {date}.
Upon the serving of this notice, you will have 14 days to {suggest a solution if the matter is curable} or vacate the property. I will then be forced to file an eviction lawsuit against you if you don’t respond appropriately by {deadline}.
Contact me at {contact information} if you have any questions.
Sincerely,
{Your Name}
{Your Signature}
30-Day Notice to Quit (Month to Month)
{Date}
{Tenant’s Name}
{Property Address}
{City, State, Zip Code}
Re: Lease Termination
Dear {Mr./Mrs./Ms. Last Name},
This is concerning the lease agreement dated {signature date} for the property on {property address}. I am terminating this lease effective {date that provides a 30-day notice}.
My termination is a result of {explain your reason for terminating the lease agreement}. You can contact me at {0 00 000000, email @ web dot com } if you have any questions.
Sincerely,
{Your Name}
{Your Signature}
When a tenant in Arkansas violates the terms of their lease, a landlord may begin the eviction process by serving them with an Arkansas Eviction Notice. The notice should outline the violation and whether it is curable and provide the tenant with a state-appointed amount of time to vacate the property.
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