A summary of Arkansas eviction laws and processes.
If a landlord wishes to evict a tenant before the lease expires, the landlord must have legal grounds to do so. Failure to pay rent, breaching the lease or rental agreement, failing to maintain a safe rental, or doing certain unlawful crimes are all considered legal causes in Arkansas.
Before filing an eviction action (called a “unlawful detainer” suit in Arkansas), the landlord must terminate the lease, which entails giving the tenant formal notice that the tenancy is ending. Depending on the grounds for the eviction, several sorts of notice are necessary.
If the landlord wishes to terminate a fixed-term lease but lacks legal grounds to evict the tenant, the landlord must wait until the contract expires before expecting the tenant to go. Unless the agreement expressly states otherwise, the landlord is not required to provide the tenant written notice to vacate.
If the landlord wishes to terminate a month-to-month rental but lacks legal grounds to evict the tenant, the landlord may offer the tenant a written 30-day notice to quit. This notice will advise the renter that the tenancy will end in 30 days and that the tenant must vacate the rented unit by then. If the tenant does not vacate by then, the landlord may initiate an illegal detainer case. Arkansas Code Ann. 18-17-704 (2021).)
Even if a landlord has a good legal cause to evict a tenant, the tenant may choose to contest the eviction. The tenant may have a viable legal defense, such as the landlord neglecting to maintain the leased premises or discriminating against the renter. The tenant’s choice to fight the eviction may raise the expenses of the eviction litigation and enable the renter to stay in the rental property for a longer period of time. Tenant Defenses to Eviction in Arkansas provides further information on this topic.
A landlord may only evict a tenant from a rental property by winning an eviction case against the renter. The landlord must never attempt to evict the tenant from the leased apartment. Even if the landlord wins the eviction action, the tenant may only be removed with a court order by a law enforcement officer. If the landlord attempts to unlawfully compel the tenant to leave the rental unit, the tenant has the right to sue for damages.
After the tenant has been evicted, the landlord may discover that the renter has left personal belongings behind. In Arkansas, this property is deemed abandoned, and the landlord may dispose of it immediately. The landlord is under no obligation to notify the renter or keep the item for any period of time before disposing of it. Arkansas Code Ann. 18-16-108 (2021).)