Eviction Laws for Landlords in Arkansas? You’re not alone. Thousands of Arkansas landlords find themselves entangled in tenant disputes—many confused about the exact legal steps. This blog gives landlords a clear, updated roadmap to legally evict a tenant in Arkansas, while protecting their rights and ensuring compliance with state laws. Whether you’re dealing with non-payment of rent, lease violations, or holdover tenants.
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Understanding Arkansas Eviction Laws (2025 Update)
In Arkansas, eviction is legally referred to as an “unlawful detainer” action. The landlord must follow strict legal procedures—you cannot simply change locks, cut utilities, or remove the tenant’s belongings. Arkansas is one of the few U.S. states with both civil and criminal eviction pathways, which is unique and important to understand.
In 2025, the laws remain landlord-friendly, but with court scrutiny increasing, documentation and lawful procedures are crucial.
Legal Reasons for Eviction in Arkansas
As a landlord, you can evict a tenant for the following reasons:
- Non-payment of rent
- Violation of lease agreement
- Refusal to vacate after lease ends (holdover tenancy)
- Illegal activity on premises
- Damage to property or nuisance
Let’s break down the legal procedures step-by-step.
Step 1: Serve the Proper Eviction Notice
In Arkansas, you must begin with a written notice. The type depends on the reason for eviction:
🔴 5-Day Notice to Quit (Non-Payment of Rent – Criminal Eviction)
Under Arkansas Code § 18-16-101, if rent is unpaid, you may serve a 5-Day Notice to Quit. If the tenant doesn’t pay or vacate in five days, you may initiate criminal charges.
✅ Important: Criminal eviction is unique to Arkansas. You file a criminal complaint with the prosecutor—not civil court.
🟠 14-Day Notice to Cure or Quit (Lease Violation)
For lease violations like having unauthorized pets, smoking, or breaking noise rules, serve a 14-Day Notice to Cure or Quit. If the tenant does not fix the violation or vacate, you may file an unlawful detainer in civil court.
🔵 30-Day Notice to Vacate (Month-to-Month or Holdover Tenants)
If you want to end a month-to-month lease, a 30-day written notice is required.
Step 2: File for Eviction (Unlawful Detainer)
If the tenant does not respond to the notice, your next step is to file a lawsuit in district or circuit court.
- File a Complaint for Unlawful Detainer
- Attach a copy of the lease and proof of notice
- Pay the filing fee (approx. $165–$200)
- Court issues a Summons and Notice of Hearing
Pro tip: Make sure to include a Verification (sworn statement) that the facts are true to the best of your knowledge.
Step 3: Serve the Tenant with Court Papers
You must serve the tenant with the complaint and summons through a process server, sheriff, or by certified mail (with proof of delivery). This gives the tenant a chance to appear in court or file a written answer.
In Arkansas, the tenant has:
- 5 days to file an answer
- If they don’t, you may request a default judgment
Step 4: Attend the Court Hearing
At the court hearing:
- Present your lease, notices, photos, texts, payment records
- Prove your case with proper documentation
- Be professional, clear, and factual
If the judge rules in your favor, the court issues a Writ of Possession, allowing the sheriff to remove the tenant.
Step 5: Eviction Enforcement by Sheriff
Once you receive the Writ of Possession, submit it to the sheriff. Only the sheriff can legally remove the tenant and their belongings. You may not lock the tenant out yourself.
Sheriffs usually post a 24-hour notice on the property before enforcing the writ.
Real-Life Case Study: Landlord Victory in Little Rock, 2025
Case: Susan M., a landlord in Little Rock, rented a duplex to a tenant who stopped paying rent in February 2025. She served a 5-Day Notice to Quit and filed a criminal eviction when the tenant refused to leave.
With help from the Pulaski County Prosecutor, Susan’s complaint moved fast. The court issued an arrest warrant after multiple warnings. The tenant left within 10 days.
Takeaway: In Arkansas, landlords can still use criminal eviction, but it’s essential to document all notices and interactions carefully.
Special Considerations in 2025
🏠 Can You Evict During Winter?
Yes. Arkansas law does not prohibit winter evictions, though courts may exercise compassion in extreme cases.
👨👩👧👦 What if Children Live There?
The presence of children does not prevent eviction. However, ensure compliance with federal housing laws, especially Fair Housing Act protections.
🚨 COVID-19 & Emergency Orders
By 2025, pandemic-era eviction moratoriums have ended. Still, courts encourage landlords to try mediation or payment plans first—especially for long-term tenants.
Evicting Without a Lease in Arkansas
Tenants who live without a lease are considered “at-will tenants”. You must give a 30-day written notice before eviction.
If they fail to leave after that, you file an unlawful detainer action like any formal lease eviction.
How Long Does the Eviction Process Take in Arkansas?
Here’s a rough timeline:
| Step | Timeframe |
|---|---|
| Notice Period | 5–30 days |
| Filing + Court Date | 5–15 days |
| Hearing + Writ Issued | 1–3 days post hearing |
| Sheriff Eviction | Within 1–7 days |
Average eviction: 2 to 5 weeks, assuming no appeals or delays.
Costs of Eviction for Landlords
- Filing Fees: $165–$200
- Process Server: $50–$100
- Attorney (optional): $500–$1500
- Lost Rent + Damages: Varies
Recoverable? Yes, courts can award unpaid rent, damages, and legal fees, but actual recovery depends on the tenant’s financial condition.
Preventing Eviction Disputes – Pro Tips for Landlords
- Use a clear written lease – Spell out rules, rent dates, grace periods.
- Document everything – Notices, calls, text messages, payment receipts.
- Communicate professionally – Keep emotions out, stay factual.
- Inspect regularly – Prevent damage and unauthorized occupancy.
- Screen tenants thoroughly – Credit, employment, background checks matter.
Resources for Landlords in Arkansas (2025)
- Arkansas Judiciary – https://www.arcourts.gov
- Arkansas Landlord-Tenant Handbook – Available from the Attorney General’s website
- Pulaski County District Court – For unlawful detainer filings
- Legal Aid of Arkansas – If you need help with forms or mediation
Final Thoughts
Eviction in Arkansas is legally structured to protect landlords, especially in cases of unpaid rent or lease violations. However, strict adherence to the law is essential to avoid costly delays or tenant lawsuits. Whether you’re evicting a tenant in Little Rock, Fayetteville, or rural Arkansas, follow each step properly—and always document your actions.
By understanding the 2025 legal eviction procedures, landlords can maintain their property rights, ensure fair treatment of tenants, and reduce the financial impact of problem rentals.
20 FAQs on Eviction Laws for Landlords in Arkansas (2025)
1. ❓Can I evict a tenant in Arkansas for non-payment of rent?
Yes. In Arkansas, landlords can start the eviction process if rent is even one day late. You must serve a 5-day notice to quit, and if the tenant doesn’t pay or vacate, you may pursue criminal eviction under Ark. Code § 18-16-101 or file a civil unlawful detainer.
2. ❓What is the fastest legal eviction process in Arkansas?
The criminal eviction process for non-payment of rent is often faster than a civil one. It begins with a 5-day notice and may involve the prosecutor filing criminal charges if the tenant doesn’t leave.
3. ❓Can I evict a tenant without a written lease?
Yes. If there’s no lease, the tenant is considered month-to-month under Arkansas law. You must give a 30-day written notice to terminate the tenancy before proceeding with eviction.
4. ❓Do I need to give a reason to evict a month-to-month tenant?
No. Arkansas is a “no-cause” state for periodic tenants. You can end the tenancy with 30 days’ notice, even without cause, as long as it’s not discriminatory or retaliatory.
5. ❓Is a written notice required for all evictions in Arkansas?
Yes. All eviction proceedings start with a written notice. The duration and type (5-day, 14-day, 30-day) depends on the reason for eviction.
6. ❓What happens if a tenant doesn’t leave after notice?
If the notice expires and the tenant hasn’t complied, you must file an unlawful detainer lawsuit in district or circuit court. You cannot force them out yourself.
7. ❓How long does it take to evict a tenant in Arkansas?
Typically, the eviction process takes 2 to 5 weeks from notice to physical removal, depending on court schedules, tenant response, and sheriff enforcement delays.
8. ❓Can I change the locks or shut off utilities to evict?
No. This is considered illegal “self-help” eviction. Only the sheriff can enforce an eviction order after a court judgment and writ of possession.
9. ❓Is it legal to use a criminal process for eviction?
Yes. Arkansas is unique in allowing criminal eviction for non-payment of rent. However, some courts and prosecutors discourage this route. It’s important to consult local counsel before proceeding.
10. ❓Do I have to go to court to evict someone?
Yes. Even in criminal eviction cases, a court process is involved. If the tenant does not vacate voluntarily, a court hearing and judgment are required before sheriff enforcement.
11. ❓What is an unlawful detainer?
It is a civil lawsuit filed by a landlord when a tenant refuses to leave after proper notice. The court may issue a Writ of Possession, allowing the sheriff to remove the tenant.
12. ❓How much does it cost to file for eviction?
Filing fees in Arkansas usually range from $165 to $200, depending on the county. Additional costs include process server fees, attorney charges (if used), and sheriff fees for enforcement.
13. ❓Can I recover unpaid rent through eviction?
Yes. You can ask the court to award unpaid rent, late fees, and damages as part of your eviction judgment. But collecting that money depends on the tenant’s ability to pay.
14. ❓What if the tenant damages my property?
You can document damages and sue for the costs during the eviction proceedings. Always use photos, receipts, and estimates as evidence.
15. ❓Can a tenant stop the eviction by paying rent late?
If the notice allows a “cure” (typically in civil cases), the tenant may stop eviction by paying in full within the deadline. However, in criminal eviction, late payment does not stop the prosecution once charges are filed.
16. ❓What if the tenant files for bankruptcy?
Once a tenant files for bankruptcy, the court issues an automatic stay, temporarily halting the eviction. You’ll need to get permission from the bankruptcy court to proceed.
17. ❓Do I need an attorney for eviction in Arkansas?
It’s not required, but having an attorney is recommended—especially for civil evictions, disputed cases, or if the tenant has legal representation.
18. ❓Can I evict a tenant during winter or holidays?
Yes. Arkansas law does not prevent eviction based on weather or time of year, though some judges may delay sheriff enforcement during severe weather.
19. ❓What if the tenant has children?
Eviction laws apply regardless of family status. However, under the Fair Housing Act, you must ensure you’re not discriminating based on familial status when initiating eviction.
20. ❓What is a Writ of Possession?
It’s a court order that authorizes the sheriff to physically remove the tenant and their belongings. It is issued after a court judgment in your favor and must be enforced lawfully.
🔚 Final Word for Arkansas Landlords
Being a landlord in Arkansas means understanding your rights—but also following every legal step. Skipping a notice or using shortcuts could cost you time, money, and legal trouble. Whether you’re in Bentonville, Hot Springs, or Little Rock, use this FAQ as your quick guide to Arkansas eviction laws in 2025.