Arkansas Eviction Process: From 3-Day Notice to Writ of Possession

A tenant stops paying rent in week three of the month. You issue a verbal warning. Nothing happens. By the time you're asking what your options are, you've already lost two weeks of leverage. Arkansas actually gives landlords one of the fastest eviction pathways in the United States — but only if you follow the procedural sequence exactly. One misstep resets the clock.

Here's the complete Arkansas eviction process, including the state's legally unusual criminal failure-to-vacate statute that no other state has.

The Civil Unlawful Detainer Process (Standard Route)

The overwhelming majority of professional landlords in Arkansas use the civil unlawful detainer action. It's fast, predictable, and avoids the legal and reputational risks of the alternative.

Step 1: Establish legal grounds

Under the Arkansas Residential Landlord-Tenant Act, a landlord has legal grounds to evict once a tenant fails to pay rent within five calendar days of the due date. You don't need to wait longer — the five-day grace period is built into the statute.

Step 2: Serve a 3-Day Notice to Quit

You must deliver a formal written notice requiring the tenant to vacate the premises within three days. Arkansas landlords have no legal obligation to offer the tenant a "pay or quit" option — meaning you are not required to accept the overdue rent to halt the eviction after this notice is served. Accepting payment after serving the notice can complicate your legal position, so consult with a local attorney before accepting any funds.

Step 3: File the Unlawful Detainer Complaint

If the tenant does not vacate within the three-day window, you file a Complaint in Unlawful Detainer at the local district or circuit court. Filing fees typically run around $65. The court issues a summons, which must be properly served on the tenant.

Step 4: The tenant's objection window

Once served with the court summons, the tenant has exactly five days to file a written objection with the court. If they fail to file an objection within that window, you can request a default judgment immediately.

Step 5: Judgment and Writ of Possession

If the tenant objects, a hearing is scheduled — typically within a few weeks. If the landlord prevails (or the tenant fails to object), the judge issues a Judgment of Possession and a Writ of Possession. The writ authorizes law enforcement to physically remove the tenant from the property, usually with 24 hours' notice after the writ is issued.

Total timeline: An uncontested eviction in Arkansas typically takes three to four weeks from the initial notice to physical lockout. That's significantly faster than states like California (where evictions routinely take 3–6 months) or New York.

The Criminal Failure-to-Vacate Statute (A.C.A. § 18-16-101)

Arkansas is the only state in the country where a tenant's refusal to pay rent and vacate can be classified as a criminal misdemeanor. This is worth understanding even if you never intend to use it.

Under this statute, if a tenant remains on the property more than ten days after receiving a notice of lease breach, they are technically guilty of a criminal offense. The penalty is a fine ranging from $1.00 to $25.00 per day of the violation. If the tenant cannot deposit all alleged past-due rent into the court's registry to mount a defense, the charge escalates to a Class B misdemeanor, punishable by up to $1,000 in fines or 90 days in jail.

Why most professional landlords avoid it: In 2015, Pulaski County Circuit Court Judge Herbert T. Wright Jr. declared the statute unconstitutional in State of Arkansas v. Artoria Smith, finding it violated procedural due process, the Sixth Amendment right to a jury trial, Equal Protection for indigent tenants, and the Arkansas Constitution's prohibition against debtors' prisons. Subsequent circuit courts in Craighead, Woodruff, and Poinsett counties followed the same ruling. The law technically remains on the books because the decision was never appealed to the Arkansas Supreme Court, but the vast majority of local prosecutors and district judges refuse to hear criminal eviction charges.

Attempting to use the criminal statute exposes landlords to significant reputational risk and potential civil liability. Stick to the civil unlawful detainer process.

Common Mistakes That Derail Arkansas Evictions

Accepting rent after serving the notice. Once you accept payment, many courts will view the notice as void. Start over.

Serving the notice incorrectly. Arkansas requires proper service — personal delivery or posting at the premises in specific circumstances. A defective notice gets your case dismissed.

Using the wrong court. District courts handle evictions up to certain claim limits. Circuit courts handle more complex cases. Filing in the wrong venue adds weeks.

Not having a written lease. Arkansas law permits oral leases, but without a written agreement, proving the terms of tenancy becomes much harder if the tenant contests the eviction.

What Happens to Abandoned Property

If a tenant vacates prematurely or abandons the property, Arkansas law is straightforward: all property left behind is immediately considered abandoned upon lease termination, and the landlord may dispose of it without liability. Additionally, under Arkansas Code § 18-16-108, all personal property left on the premises is automatically subject to a lien in the landlord's favor to secure any unpaid rent — giving you a theoretical mechanism to recover financial losses.

After the Writ: Claiming Damages and Deposit Deductions

Winning a writ of possession doesn't automatically recover your lost rent. To collect the unpaid amounts, you'll need to pursue a separate civil judgment. Arkansas small claims courts handle claims up to $5,000; amounts above that require district or circuit court.

For security deposit deductions, the landlord has 60 days from the tenant vacating to either return the deposit or provide a written, itemized list of deductions. Arkansas does not require deposits to be held in a separate interest-bearing account, which simplifies accounting.

For a complete walkthrough of Arkansas landlord-tenant law — including lease drafting, security deposit rules, habitability standards, and the full eviction procedure with template language — the Arkansas Investment Property Guide covers every stage of the landlord process, purpose-built for investors operating in the state.

See more United States guides →