In Arkansas, if a tenant is late on paying rent and the balance due is not paid within the 5 calendar day grace period (full or partial), the landlord can serve them a 3-Day Notice to Quit. Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court. Mailing the notice by certified or registered mail with a return receipt.Handing the notice to the tenant’s family member, over the age of eighteen (18) AND mailing the notice by certified or registered mail with a return receipt.Handing the notice to the tenant in person.The notice must be delivered using any of the following methods: Possession of property is returned to landlordĪ landlord can begin the eviction process in Arkansas by serving the tenant with written notice.Court holds hearing and issues a judgment.Tenant files an answer to the complaint.Landlord files a complaint with the court due to unresolved violations.Landlord serves tenant with written notice of violations.In Arkansas, all evictions follow the same process: In Arkansas, the only legally protected right against retaliation is reporting lead hazards. It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. No matter the situation, a landlord is not allowed to forcibly remove a tenant by:Ī tenant can only be legally removed with a court order obtained through the formal eviction process. If proven in court, the landlord could be liable for damages including attorney’s fees. In Arkansas, there are a few different types of eviction actions that are illegal. If the tenant does not move out immediately, the landlord can move forward and file an eviction lawsuit. Engaging in or promoting illegal gambling.Permitting a common nuisance (substantial interference with peaceful enjoyment).However, if they choose to do so, the landlord can serve the tenant an Immediate Notice to Vacate. Landlords are not required to provide tenants with prior written notice, instead they may immediately file an unlawful detainer action at the courthouse. In Arkansas, a landlord can evict a tenant for committing an illegal activity on the premises. If the tenant does not fix the issue or move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit. Refusing to allow the landlord access to the rental unit.Allowing unauthorized occupants or pets to reside in the rental unit.Using plumbing, electrical or other fixtures in an unreasonable or unsafe manner.Disturbing the peace and enjoyment of other persons.Causing deliberate or negligent damage to the premises.Failing to maintain the premises in a clean and sanitary manner. To do so, the landlord must first serve the tenant a 14 days’ notice to comply or vacate, which gives the tenant a chance to fix the issue or move out. In Arkansas, a landlord can evict a tenant for violating the terms of their lease or not upholding their legal responsibilities under Arkansas landlord tenant law. If the tenant does not move out by the end of the notice period, the landlord can move forward and file an eviction lawsuit. In Arkansas, 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”).To do so, the landlord must first terminate the tenancy by giving the tenant proper notice. Regardless of which eviction action is pursued, at the final adjudication, if the tenant does not owe rent or damages, the judge will issue a judgment in favor of the tenant.
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