Arkansas Civil Complaint in Unlawful Detainer (Eviction) — Circuit Court

COMPLAINT IN UNLAWFUL DETAINER — ARKANSAS CIRCUIT COURT

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Tenancy and Rental Agreement
4. Grounds for Unlawful Detainer
5. Notice and Demand for Possession
6. Count I — Unlawful Detainer (Common Law / § 18-60-304)
7. Count II — Eviction Under Arkansas RLTA (§ 18-17-901)
8. Damages
9. Prayer for Relief
10. Verification
11. Affidavit of Right to Possession
12. Clerk-Issued Notice of Intention to Issue Writ of Possession
13. Signature and Service Blocks
14. Certificate of Service
15. Exhibits
16. Arkansas Practice Notes
17. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, ARKANSAS

[CIVIL DIVISION] — [DIVISION NUMBER]

CASE NO. [________________________________]

VERIFIED COMPLAINT IN UNLAWFUL DETAINER

Plaintiff, by and through undersigned counsel, for its Verified Complaint against Defendants, alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Landlord") is ☐ an individual residing in [COUNTY], Arkansas; ☐ an Arkansas [corporation/LLC] with its principal place of business at [ADDRESS]; ☐ a foreign entity authorized to do business in Arkansas, and is the ☐ owner ☐ landlord ☐ authorized agent of the owner of the residential premises commonly known as [PROPERTY ADDRESS, UNIT, CITY, COUNTY, AR ZIP] (the "Premises").

2. Defendant [TENANT NAME] ("Tenant") is, on information and belief, an adult residing at and in possession of the Premises.

3. Defendant [OTHER OCCUPANT NAME or "John/Jane Doe(s)"] is, on information and belief, an adult occupant or co-tenant residing at the Premises whose joinder is necessary for full possessory relief.

4. Subject-matter jurisdiction. This Court has subject-matter jurisdiction over this action pursuant to Ark. Code Ann. § 16-13-201 (Circuit Court general jurisdiction) and Ark. Code Ann. § 18-60-301 et seq. (Forcible Entry and Detainer; Unlawful Detainer).

5. Personal jurisdiction. This Court has personal jurisdiction over Defendants because Defendants reside in and are present in [COUNTY] County, Arkansas, and the cause of action arose in [COUNTY] County.

6. Venue. Venue is proper in [COUNTY] County under Ark. Code Ann. § 18-60-303 because the Premises is located in [COUNTY] County, Arkansas.

3. TENANCY AND RENTAL AGREEMENT

7. On [__/__/____], Plaintiff and Defendant [TENANT NAME] entered into ☐ a written residential lease (the "Lease") ☐ an oral month-to-month tenancy ☐ an oral week-to-week tenancy ☐ other: [____________] for the Premises.

8. The Lease provides for monthly rent in the amount of $[_______], payable in advance on the [___] day of each month. A true and correct copy of the Lease is attached as Exhibit B and incorporated by reference (if written).

9. Defendant [TENANT NAME] entered into possession of the Premises on or about [__/__/____] and has remained in possession at all times material hereto.

10. ☐ The tenancy is governed by the Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code Ann. §§ 18-17-101 to -913) ("RLTA"). ☐ The tenancy is NOT governed by the RLTA because [SPECIFY EXCLUSION UNDER § 18-17-202].

4. GROUNDS FOR UNLAWFUL DETAINER

11. Defendants are guilty of unlawful detainer under Ark. Code Ann. § 18-60-304 on the following ground(s) (check all that apply):

12. Specific facts supporting the cited ground(s):

12.1. [SPECIFY: e.g., "Defendants failed to pay rent for the months of [MONTH/YEAR], [MONTH/YEAR], totaling $[AMOUNT] in unpaid rent as of the date of this Complaint."]

12.2. [SPECIFY ADDITIONAL FACTS — date of last payment, current arrearage, lease provision breached, etc.]

12.3. [SPECIFY ADDITIONAL FACTS, e.g., for material noncompliance, the specific acts and omissions.]

5. NOTICE AND DEMAND FOR POSSESSION

13. On [__/__/____], Plaintiff caused written ☐ Notice to Quit and Demand for Possession (3-day nonpayment) ☐ Notice to Cure or Quit (14-day RLTA) ☐ Notice of Termination of Periodic Tenancy (30-day month-to-month / 7-day week-to-week) to be delivered to Defendants pursuant to Ark. Code Ann. ☐ § 18-60-304(3) ☐ § 18-17-701 ☐ § 18-17-704.

14. The notice was served by ☐ personal delivery ☐ substituted service on a person of suitable age residing at the Premises ☐ conspicuous posting on the front door after diligent effort to locate Defendants ☐ U.S. certified mail, return receipt requested ☐ U.S. first-class mail. A true and correct copy of the notice and proof of service is attached as Exhibit A and incorporated by reference.

15. The applicable notice period expired on [__/__/____]. Defendants did not cure the breach (where applicable) and have not vacated the Premises.

16. Defendants continue in unlawful possession of the Premises in defiance of Plaintiff's lawful demand.

6. COUNT I — UNLAWFUL DETAINER (COMMON LAW / § 18-60-304)

17. Plaintiff incorporates by reference paragraphs 1 through 16 above.

18. Defendants are guilty of unlawful detainer under Ark. Code Ann. § 18-60-304 by ☐ failing to pay rent after written 3-day notice and demand ☐ holding over after termination of tenancy ☐ otherwise unlawfully withholding possession.

19. Plaintiff is the lawful owner of, or person entitled to immediate possession of, the Premises.

20. Defendants' unlawful detainer is willful and continues to date.

21. Plaintiff is entitled to a writ of possession, judgment for unpaid rent and damages, statutory remedies under § 18-60-309, and attorney's fees.

7. COUNT II — EVICTION UNDER ARKANSAS RLTA (§ 18-17-901)

22. Plaintiff incorporates by reference paragraphs 1 through 16 above.

23. The Lease is a residential rental agreement subject to the Arkansas Residential Landlord-Tenant Act of 2007 under Ark. Code Ann. §§ 18-17-101 to -913.

24. Defendants have committed a ground for eviction under § 18-17-901 by ☐ failing to pay rent within 5 days of the due date ☐ committing material noncompliance with the rental agreement and failing to remedy within 14 days after written notice (§ 18-17-701) ☐ holding over after lawful termination notice (§ 18-17-704).

25. All RLTA notice and procedural requirements have been satisfied.

26. Plaintiff is entitled to termination of the rental agreement, possession, damages, and the holdover remedies under § 18-17-704, including up to three (3) months' periodic rent or twice the actual damages (whichever is greater) for willful holdover, plus reasonable attorney's fees.

8. DAMAGES

27. As a direct and proximate result of Defendants' unlawful detainer, Plaintiff has suffered the following damages:

28. Damages will continue to accrue until Plaintiff is restored to possession of the Premises and shall be proven at hearing.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, as follows:

For the monetary relief requested in paragraphs B through E, Plaintiff demands the specified total amount of $[TOTAL MONETARY AMOUNT], subject to proof and applicable statutory limits.

A. Issuance of a Writ of Possession under Ark. Code Ann. § 18-60-309 commanding the Sheriff of [COUNTY] County to remove Defendants and all occupants from the Premises and restore possession to Plaintiff;

B. Money judgment for all unpaid rent, late charges, and contractual damages in an amount to be proven at hearing;

C. Continuing rent / use-and-occupancy at the lease rate from the date of unlawful detention through the date of restoration of possession;

D. Damages to the Premises in an amount to be proven at hearing;

E. Statutory holdover damages under Ark. Code Ann. § 18-17-704 up to three (3) months' periodic rent or twice the actual damages, whichever is greater;

F. Reasonable attorney's fees under Ark. Code Ann. § 16-22-308 and the Lease;

G. Costs of suit, including filing fees and service-of-process costs;

H. Pre-judgment and post-judgment interest at the maximum legal rate; and

I. Such other and further relief as this Court deems just and proper.

10. VERIFICATION

STATE OF ARKANSAS
COUNTY OF [____________]

I, [VERIFIER NAME], ☐ Plaintiff ☐ authorized representative of Plaintiff, being first duly sworn upon oath, depose and say that I have read the foregoing Complaint in Unlawful Detainer, and that the facts and matters stated therein are true and correct to the best of my knowledge, information, and belief.

Signature: ____________________________
Printed Name: [____________]
Title: [____________]

Subscribed and sworn before me on [__/__/____].

Notary Public: ____________________________
My commission expires: [__/__/____]

11. AFFIDAVIT OF RIGHT TO POSSESSION

STATE OF ARKANSAS, COUNTY OF [____________]

I, [AFFIANT NAME], being first duly sworn, state that I am [PLAINTIFF / PERSON WITH KNOWLEDGE AND AUTHORITY]; that Plaintiff is lawfully entitled to possession of [PREMISES ADDRESS]; that Defendant [DESCRIBE UNLAWFUL DETENTION AND DATE]; and that lawful demand for possession was made on [DATE] in the manner described in the Complaint. I make this affidavit under Ark. Code Ann. § 18-60-307(a) in support of the complaint and request for possession.

Affiant signature: ____________________________ Date: [__/__/____]

Subscribed and sworn before me on [__/__/____].

Notary Public: ____________________________ My commission expires: [__/__/____]

12. CLERK-ISSUED NOTICE OF INTENTION TO ISSUE WRIT OF POSSESSION

When filing this complaint and the sworn affidavit above, request the summons and the Notice of Intention to Issue Writ of Possession in the statutory form under § 18-60-307(a). Have the clerk-issued notice, summons, and complaint served together. The notice gives Defendants five days after service, excluding Sundays and legal holidays, to file a written objection to Plaintiff's claim for possession. If an objection is filed, Plaintiff must obtain a hearing date and give notice of the date, time, and place by certified mail under § 18-60-307(c)(1); a defendant who continues in possession must make the rent-registry payments required by § 18-60-307(c), and an unjustified default is grounds for the court to grant a writ. If no timely objection is filed, apply for a court order under § 18-60-307(b) before the clerk issues a writ. An immediate writ after a contested hearing requires the court's finding and adequate court-determined security under § 18-60-307(d); § 18-60-306 does not impose a bond at filing.

13. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

[ATTORNEY NAME], Ark. Bar No. [____________]
[FIRM NAME]
[FIRM ADDRESS]
[CITY, AR, ZIP]
Telephone: [____________]
Email: [____________]
Counsel for Plaintiff

By: ____________________________

Date: [__/__/____]

14. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Verified Complaint in Unlawful Detainer, clerk-issued Notice of Intention to Issue Writ of Possession, Affidavit of Right to Possession, Summons, and all Exhibits to be served on the following Defendants in the manner provided by Ark. R. Civ. P. 4:

[DEFENDANT 1 NAME]
[ADDRESS]
☐ Personal service by Sheriff or process server
☐ U.S. certified mail, return receipt requested

[DEFENDANT 2 NAME / John or Jane Doe(s)]
[ADDRESS]
☐ Personal service by Sheriff or process server
☐ U.S. certified mail, return receipt requested

____________________________
[ATTORNEY NAME]

15. EXHIBITS

• Exhibit A — Notice to Pay/Cure/Quit and Affidavit of Service
• Exhibit B — Written Lease (if applicable)
• Exhibit C — Affidavit of Right to Possession under § 18-60-307(a)
• Exhibit D — Rent Ledger / Payment History
• Exhibit E — Photographs / Inspection Reports (if material breach alleged)
• Exhibit F — Pre-Suit Correspondence (optional)

16. ARKANSAS PRACTICE NOTES

A. Filing fee and costs. The civil case filing fee is $165 on the Clark County Circuit Clerk's schedule. Faulkner County lists $185 to open a circuit-court case, expressly including a $20 electronic filing system fee. Confirm the current total, payment method, and separate service costs with the filing Circuit Clerk; the difference is not a county-specific base civil filing fee.

**B. Pulaski County (Little Rock). ** Pulaski County Circuit Court (Sixth Judicial Circuit) maintains a designated unlawful-detainer track in the Civil Division. Expect electronic filing through Arkansas Court Connect / eFlex. Confirm local filing rules and any standing administrative orders.

**C. Washington County (Fayetteville). ** Fourth Judicial Circuit. Confirm local rules for unlawful-detainer scheduling and clerk procedures.

D. Written objection, registry deposit, and retention security — § 18-60-307. The defendant has five days, excluding Sundays and legal holidays, after service of the summons, complaint, and notice to file a written objection to possession. If no timely objection is filed, the clerk may issue a writ upon court order. If an objecting defendant continues to possess the property, subsection (c)(2) requires a filing-time registry deposit equal to the rent due and continued registry payments under the rental agreement; unjustified failure to tender rent is grounds for the writ under subsection (c)(3). If a writ later issues and the defendant seeks to retain possession, subsection (e) separately requires adequate court-determined security within five days after issuance.

E. Do not conflate the two security stages. The subsection (c)(2) rent-registry deposit attaches when a defendant files an objection and continues in possession. Subsection (e) separately governs adequate security when a defendant seeks to retain possession after a writ issues.

**F. RLTA limited applicability. ** RLTA (Ark. Code Ann. §§ 18-17-101 to -913) excludes hotels, motels, shelters, certain owner-occupied multifamily, and other arrangements under § 18-17-202. Many Arkansas landlords prefer to plead under the common-law/§ 18-60-304 framework. Pleading both (Counts I and II) is recommended.

**G. Residential quality standards. ** Section 18-17-502 applies to qualifying residential leases entered into or renewed after November 1, 2021 and does not contain a six-unit threshold. Its sole-remedy provision does not authorize rent withholding or offset, but counsel must analyze the statute, local standards, the lease, and any other pleaded defense on the actual facts.

**H. Retaliation and discrimination screen. ** Current Ark. Code Ann. chapter 18-17 contains no enacted § 18-17-806 retaliation provision. Counsel should nevertheless screen for federal, subsidized-housing, civil-rights, local, contractual, and other defenses and preserve evidence of the legitimate ground for eviction.

**I. Federal preemption / fair housing. ** A defendant may raise an FHA or Arkansas Civil Rights Act counterclaim. Plaintiff should plead and prove a legitimate, nondiscriminatory reason for eviction.

**J. Subsidized housing. ** For HUD-assisted, Section 8, public-housing, and LIHTC tenancies, additional federal procedural protections apply (24 C.F.R. Part 247; 24 C.F.R. § 982.310; 24 C.F.R. § 966.4). Use a separate compliance-conforming complaint.

**K. Sealing of eviction records. ** Verify current statutory authority. As of the most recent legislative session, Arkansas does not have a comprehensive statutory mechanism for sealing civil unlawful-detainer judgments.

L. SCRA. If a defendant has not appeared, the court must require a military-status affidavit before entering default judgment under 50 U.S.C. § 3931. For a covered servicemember or dependent, also assess the eviction protections and possible stay under 50 U.S.C. § 3951.

17. SOURCES AND REFERENCES

• Ark. Code Ann. § 18-60-301 et seq. (Forcible Entry and Detainer; Unlawful Detainer)
• Ark. Code Ann. § 18-60-303 (Venue)
• Ark. Code Ann. § 18-60-304 (Actions constituting unlawful detainer; 3-day notice)
• Ark. Code Ann. § 18-60-306 (Jurisdiction; definition of court)
• Ark. Code Ann. § 18-60-307 (Complaint, affidavit, notice, objection, registry deposit, and possession writ)
• Ark. Code Ann. § 18-60-308 (Title to premises not adjudicated)
• Ark. Code Ann. § 18-60-309 (Judgment, damages, and writs of possession and restitution)
• Ark. Code Ann. §§ 18-17-101 to -913 (Arkansas Residential Landlord-Tenant Act of 2007)
• Ark. Code Ann. § 18-17-202 (RLTA scope and exclusions)
• Ark. Code Ann. § 18-17-701 (Material noncompliance; 14-day cure)
• Ark. Code Ann. § 18-17-704 (Periodic tenancy; holdover remedies)
• Ark. Code Ann. § 18-17-901 (Grounds for eviction)
• Ark. Code Ann. §§ 18-17-501, 18-17-502 (Security-deposit cross-reference; implied residential quality standards and sole remedy)
• Ark. Code Ann. §§ 18-16-303 to 18-16-306 (Security deposits)
• Ark. Code Ann. § 16-13-201 (Circuit Court general jurisdiction)
• Ark. Code Ann. § 16-22-308 (Attorney's fees in contract actions)
• Ark. Code Ann. § 16-123-310(b) (Arkansas Fair Housing Act — discrimination in rental terms)
• Ark. R. Civ. P. 3, 4, 8, 10, 11
• 42 U.S.C. § 3601 et seq. (Fair Housing Act)
• 24 C.F.R. Part 247; § 982.310; § 966.4 (HUD subsidized-housing eviction)
• 50 U.S.C. § 3931 (military-status affidavit before default judgment)
• 50 U.S.C. § 3951 (servicemember eviction protections and possible stay)
• Persistent Unconstitutionality of the Failure to Vacate Statute, U. Ark. Little Rock L. Rev.
• Legal Aid of Arkansas: 1-800-952-9243
• Center for Arkansas Legal Services: 1-800-950-5817

END OF COMPLAINT — ATTORNEY REVIEW AND VERIFICATION REQUIRED BEFORE FILING