Arkansas Eviction Laws

If you are considering renting property in the state of Arkansas or if you currently live in rental property in Arkansas, it may be a good idea to keep current on the eviction laws of the state. Arkansas, like every other United State has its own process of eviction laws that outline the proper procedure a landlord must go through in order to evict a tenant. Understanding these laws can help in the event of a court hearing.

The state of Arkansas allows the landlord the right not to renew any tenants lease regardless of whether the tenant adheres to all the stipulations of the lease. The landlord must give the tenant one period of rental time notice before enforcing an eviction if there is an oral lease. If there is a written lease, the period of time the landlord must give the tenant should be clearly stated. The only exception to this is failure to pay rent.

No matter the reason, the failure of a tenant to pay rent is grounds for a landlord to begin the eviction process in Arkansas. A landlord may pursue two types of evictions depending on the circumstances, a civil eviction ("unlawful detainer") or a criminal eviction ("failure to vacate").

The "unlawful detainer" method states that a landlord must provide the tenant with a written notice that state the tenant has (3) three days in which to vacate the property. If the tenant refuses to leave the premises, the landlord may then sue the tenant in court by filing a complaint with the court. Once a tenant receives a summons that states the landlord has filed a complaint against them, the tenant then has (5) five days in which to object to the eviction. This objection must be done in writing. If a tenant does not object within (5) five days in writing to the court, the sheriff may then remove the tenant from the dwelling. If a tenant does file a written objection with the court, a formal hearing is then held to determine the outcome of the case.

A "failure to vacate" eviction is when a landlord must provide the tenant a written notice that gives the tenant (10) ten days to vacate the property. This kind of eviction in done when a tenant neglects to pay rental monies due to the landlord. If a tenant fails to leave the property after the (10) ten days, the tenant may be charge with a misdemeanor, must appear in court and could possibly be charged a fine of as much as $25 per each day after the (10) ten days stated in the eviction notice.

Whether you are a landlord or a tenant, it is important to know your rights. Since the laws vary from state to state, understanding your rights is important.