You have a lot of responsibilities as a property manager or landlord in Arkansas, and often one of the most challenging is when it's time to remove a tenant. While no rental owner ever wants to reach the point where they need to evict their tenant, it is sometimes necessary. That said, if an eviction happens under your watch in the Natural State, it’s important that you have a firm grasp of Arkansas eviction laws and the timelines involved.
At first, the eviction process can feel overwhelming for everyone involved, but it can get better when equipped with the right knowledge. By familiarizing yourself with the unique laws and procedures that exist in Arkansas, you can set yourself up for eviction success while protecting yourself from a legal standpoint.
Whether you’re dealing with unpaid rent or a lease violation, come along as we delve into Arkansas landlord-tenant law and what you need to know as we move closer to 2025. We will demystify the process together so you can handle it with confidence, clarity, and respect for the law.
What Are the Legal Grounds for an Arkansas Eviction Notice?
Why might you need to evict tenants in Arkansas? Landlords have the legal right to begin the eviction process under specific circumstances that align with state laws. If a tenant fails to vacate after proper notice, this may involve filing what’s known as an "unlawful detainer" lawsuit. The most common reasons for eviction include:
- Nonpayment of Rent - Perhaps the most common reason for an eviction is when a tenant doesn’t pay their rent on time. In this case, if your tenant does not remedy the situation after receiving proper notice to quit (typically a 3-day notice), you can choose to begin the eviction process.
- Lease Violations - You may have tenants that break the terms of their lease agreement, such as if they were keeping unauthorized pets, damaging the property, or engaging in illegal activities. Here landlords and property management professionals can issue a notice to remedy the violation or vacate (Typically a 14-day notice).
- Holdover Tenancy - In the event of a tenant remaining in your property after the lease term expires and the landlord has not agreed to a renewal, this is called a holdover tenancy. In such cases, landlords can issue a notice to vacate (Typically a 30-day notice).
- End of a Month-to-Month Tenancy - If you have tenants without a fixed-term lease, you can terminate the rental agreement by providing a 30-day written notice, provided there are no discriminatory or retaliatory reasons involved.
Pro Tip: Always document all communications and keep detailed records of lease agreements, payment histories, and any notices sent to tenants. Also, you must deliver eviction notices in writing and in accordance with Arkansas state law, either in person or through certified mail.
Related: Texas Eviction Laws Overview 2024 | Avoiding Legal Pitfalls
The Tenant's Response and Court Proceedings
So, you’ve filed an eviction lawsuit. What's next? Your tenant naturally has the opportunity to respond and defend themselves in an Arkansas court of law. This is a critical stage for both parties during which the court will review the evidence and determine whether the eviction is lawful or unlawful.
Let’s break things down a little further:
The Tenant’s Response
After receiving their eviction complaint and summons, the tenant typically has five days to respond in writing to the court. This "unlawful detainer" lawsuit is the landlord's legal tool to reclaim possession of the property from tenants who remain unlawfully after their lease has been terminated or violated.
The Court Hearing
If the tenant files a response, the court will schedule a hearing where both parties can present their cases. The landlord must provide evidence of the tenant’s violation, such as unpaid rent receipts, photographs of damages, or copies of the lease agreement. Tenants can present counterevidence, such as proof of payment or communication regarding repairs. The judge then evaluates the evidence and issues a ruling.
Pro Tip: Tenants and landlords should always attend the hearing and bring any supporting documentation they have to strengthen their case. Landlords should ensure all records are complete and accurate to avoid delays or dismissal of their claims.
The Judgment and Writ of Possession
What form might that ruling or judgment take? One of two things is likely to happen:
- Judgment for the Landlord - if the judge rules in your favor during your unlawful detainer case, you’ll be issued with a writ of possession, which legally affirms your right to reclaim your property. You may also find (depending on the reason behind the eviction) that you’re awarded a figure to account for unpaid rent, damages or court costs.
- Judgment for the Tenant - in the event that your tenant successfully appeals the eviction, the judge will dismiss the case and they’ll be able to stay in the property. In some cases, the tenant may be entitled to compensation if the eviction was found to be retaliatory or discriminatory (see below for explanation).
Pro Tip: It’s crucial that you wait for the court-issued writ of possession before attempting to reclaim the property, as self-help evictions are illegal in Arkansas and can lead to heavy financial and legal penalties.
Related: Kansas Evictions | Laws and Protections in 2024
Tenant's Rights & Defenses
This is where doing the right thing comes into play when it comes to abiding by Arkansas eviction laws. Now, we look at the reasons that may add weight to your tenant’s case. As such, when it can be proven that any of the following has occurred, the judge will likely rule against you.
Improper Notice
One of the most common defenses tenants use is that their landlord did not provide proper notice before filing for eviction. Arkansas law requires landlords to issue written notices with specific timeframes depending on the reason for eviction (e.g., 3 days for nonpayment of rent, 14 days for lease violations). If the notice is missing or incorrect, the eviction may be dismissed.
Retaliatory Eviction
Another potential reason that your tenant’s case may be strengthened is if they can prove that you’re trying to evict them for exercising their legal rights. For example, if a tenant is experiencing unsafe living conditions and the landlord attempts to evict them for filing a code violation complaint (as they have the right to do), the court may rule in their favor.
Discrimination
Under the Federal Fair Housing Act, landlords are prohibited from evicting tenants based on race, religion, gender, national origin, disability, or familial status. Tenants who believe they are being discriminated against can use this as a defense against eviction.
Repair and Deduct
While it’s not something that’s recognized state-wide, tenants in some Arkansas localities may argue that they withheld rent due to unresolved maintenance issues. If so, then the landlord or property manager will likely need to address these claims during the hearing.
Pro Tip: When issuing an eviction notice, double-check that they meet all legal requirements for content, delivery, and timing. For example, in Arkansas, a 3-day notice must specify nonpayment of rent clearly, while a 14-day notice must outline specific lease violations. Errors in notice formatting or delivery are one of the easiest ways for tenants to challenge an eviction successfully.
Tips for Avoiding Eviction
Evictions can be stressful, costly, and time-consuming and lead to hurt feelings. However, there are a number of things you can do as a landlord to proactively prevent things from reaching that point.
- Open Communication - by maintaining clear and consistent communication with your tenants, you can keep on top of things and prevent them from worsening. For example, if a tenant is late on rent or violates a lease term, reach out early to address the issue. Discussing payment plans or other solutions can help resolve problems before they escalate.
- Screen Your Tenants Thoroughly - choosing the right tenants can save you from a lot of headaches further down the line. That means carefully vetting your prospective tenants through background checks, reviewing rental history, and running credit checks. Doing so reduces the likelihood of defaults, lease violations, and potential evictions.
- Maintain the Property - When you keep the rental property in good condition and address maintenance requests promptly, you minimize the chances of disputes relating to habitability.
- Document Everything - Maintain thorough records of lease agreements, rent payments, notices, and communications. Proper documentation can protect you in the event of a dispute or court case, demonstrating compliance with the law and professionalism.
- Use Mediation or Negotiation - Consider mediation or informal agreements to resolve conflicts with tenants before they reach the eviction stage. This cooperative approach can save time and money while preserving the landlord-tenant relationship.
Pro Tip: Regularly review your lease agreements and stay updated on local landlord-tenant laws so that you can identify and address potential issues before they arise, saving time, reducing legal risks, and enhancing operational efficiency.
Related: Navigating Illinois Eviction Laws | Legal Insights 2024
“What is the fastest I can evict a tenant?” & more FAQs Answered
There are lots of questions that get asked about Arkansas eviction laws and it’s quite complex to answer them all in one article. With this in mind, let's look at some of the most frequently asked questions.
Q - What is the cost of filing an eviction lawsuit in Arkansas?
A - The filing fee for an eviction lawsuit varies by county. However, it typically ranges from $50 to $200. Additional costs may include fees for serving the summons to the tenant and possible legal fees if an attorney is hired.
Q - How should landlords serve eviction notices?
A - Eviction notices must be served in writing by hand or via certified mail with a return receipt, or posting the notice on the property in a conspicuous place. Ensuring proper delivery is key to avoiding legal challenges later on.
Q - What is the fastest you can evict a tenant in Arkansas?
A - In Arkansas, the fastest eviction process typically takes 2 to 4 weeks, depending on the reason for eviction and whether the tenant contests it.
Q - Can landlords charge late fees during an eviction process?
A - Yes, landlords may charge late fees if specified in the lease agreement. However, these fees must comply with Arkansas law, which generally requires them to be reasonable and clearly stated in the rental contract.
Q - What happens if a tenant abandons the property before the eviction is finalized?
A - Landlords must follow Arkansas’s procedures for abandoned property, including storing the tenant’s belongings for a specified period (often 30 days) and providing written notice before disposal or sale.
Q - Should landlords hire an attorney for eviction cases?
A - While it’s not mandatory, hiring an attorney ensures compliance with Arkansas law and can be helpful in contested cases or when large sums of unpaid rent are involved.
Q - Can landlords negotiate with tenants during the process?
A - Yes, landlords and tenants can negotiate solutions such as payment plans or lease termination agreements to avoid going to court. This can save both parties time and money.
TenantCloud - Making Life Easier for Landlords in 2025
Evictions are never easy, but with the right strategies, you can minimize their impact and maintain positive tenant relationships. By staying proactive, communicating openly, and keeping thorough records, you can prevent many issues from escalating to the point of eviction.
To make managing your properties even easier, TenantCloud offers a range of features designed specifically for landlords and property managers. From streamlined tenant screening to automated rent collection and maintenance tracking, our platform simplifies your day-to-day tasks and helps you focus on what matters most.
So, if you’re ready to take the hassle out of property management, you should take a look around our website to discover how TenantCloud’s tools can transform the way you manage your rentals. While you’re with us, why not visit our blog section for other helpful articles like this one?
