5/11/11

Arkansas Rental Property Eviction Laws

One of the most important things an Arkansas landlord can know is how to lawfully evict a tenant. There is one thing that a landlord may absolutely not do, and two different mechanisms for reclaiming rental property.
  • Illegal

    • A landlord may not, under any circumstances, act on his own behalf to evict a tenant. Unilateral action includes not only forcibly removing a tenant from the premises, but changing the locks on a rental unit and/or shutting off utilities.

    Unlawful Detainer

    • Unlawful detainer occurs when a tenant continues to reside on the premises after the tenancy agreement has terminated. In this situation, the landlord must present the tenant with a three-day notice to vacate the premises. Should the tenant remain in possession of the premises after three days, the landlord may file an official complaint in court and seek an eviction order to be carried out by the sheriff.

    Failure to Vacate

    • When a tenant has failed to pay rent, the landlord must give the tenant 10 days to either fix the breach or vacate the premises before beginning eviction proceedings. If a tenant fails to remedy the breach or vacate after ten days, a landlord may petition a court for an eviction order.

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