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. Plaintiff's Bond
12. 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 Pay Rent or Quit (3-day) ☐ 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 served on Defendants pursuant to Ark. Code Ann. ☐ § 18-60-304(2) ☐ § 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:

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, service-of-process costs, and bond premiums;

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. PLAINTIFF'S BOND

Pursuant to Ark. Code Ann. § 18-60-306, Plaintiff has filed herewith a bond in the amount of $[________] (representing not less than twice the value of the rents reasonably anticipated to accrue during the pendency of this action), conditioned that Plaintiff will pay Defendants any damages that may be adjudged against Plaintiff for wrongful prosecution of this action. The bond is attached as Exhibit C.

12. NOTICE OF INTENTION TO ISSUE WRIT OF POSSESSION

[FILED CONCURRENTLY WITH THIS COMPLAINT]

TO DEFENDANTS:

YOU ARE HEREBY NOTIFIED that, pursuant to Ark. Code Ann. § 18-60-307, Plaintiff has filed a Complaint in Unlawful Detainer seeking a writ of possession against you. Unless you act within five (5) days, you will be removed from the Premises without further hearing.

TO RETAIN POSSESSION during the pendency of this action, WITHIN FIVE (5) DAYS after service of this Notice (excluding Sundays and legal holidays), you MUST:

1. File a sworn written objection to the Complaint with the Clerk of this Court, specifically setting forth (under penalty of perjury) the legal and factual basis on which you contest Plaintiff's right to possession; AND

2. Deposit into the registry of this Court all rent allegedly due and unpaid as set forth in the Complaint, AND continue to deposit each month's rent as it becomes due during the pendency of this action.

IF YOU FAIL TO DO BOTH (1) AND (2) within five (5) days, the Clerk of this Court will issue a Writ of Possession without further notice or hearing, and the Sheriff will remove you and your property from the Premises.

You have the right to consult an attorney. Free or low-cost legal services may be available through:

• Legal Aid of Arkansas: 1-800-952-9243; arlegalaid.org
• Center for Arkansas Legal Services: 1-800-950-5817; arkansaslegalservices.org

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, Notice of Intention to Issue Writ of Possession, Plaintiff's Bond, 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 — Plaintiff's Bond under § 18-60-306
• 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. ** Circuit Court filing fees range $165–$185 by county; sheriff service is typically $40–$80 per defendant. Confirm with the local Circuit Clerk.

**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. Tenant's pre-defense bond — § 18-60-307. ** This is the most distinctive feature of Arkansas eviction law. Tenants who cannot post bond equal to all unpaid rent within five days are barred from defending on possession (though they may still litigate damages). Pro se tenants frequently fail to meet this requirement, and the writ issues by default.

**E. Constitutional challenges. ** § 18-60-307's pre-defense bond requirement has been challenged on due-process and equal-protection grounds. Trial courts in Arkansas have rejected these challenges in published and unpublished decisions, and the Arkansas Supreme Court has not invalidated the procedure. The 2019 legislature considered (but did not enact) reform via HB 1410. Verify current case law before relying on the bond bar against a tenant raising constitutional defenses.

**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. Habitability defense unavailable. ** Arkansas does not recognize an implied warranty of habitability. Propst v. McNeill, 326 Ark. 623, 932 S.W.2d 766 (1996). Limited statutory remedies under §§ 18-17-501 and 18-17-502 (effective post–November 1, 2021, for 6+-unit landlords) do not authorize rent withholding as a defense to nonpayment.

**H. Retaliation defense. ** Under Ark. Code Ann. § 18-17-806 (RLTA tenancies only), a tenant may assert retaliation as an affirmative defense. Be prepared to demonstrate a non-retaliatory basis 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. ** For active-duty service-member tenants, file an SCRA affidavit and confirm compliance with 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 (Complaint; bond; affidavit)
• Ark. Code Ann. § 18-60-307 (Proceedings in court; notice of intention to issue writ of possession; tenant 5-day objection and bond)
• Ark. Code Ann. § 18-60-308 (Hearing; judgment)
• Ark. Code Ann. § 18-60-309 (Writ of possession; execution)
• 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. § 18-17-806 (Retaliatory conduct prohibited)
• Ark. Code Ann. § 18-17-901 (Grounds for eviction)
• Ark. Code Ann. §§ 18-17-501, 18-17-502 (Tenant remedies; implied residential quality standards)
• Ark. Code Ann. § 18-16-101 (Failure to pay rent; criminal misdemeanor)
• 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. § 16-123-103 (Arkansas Civil Rights Act — fair housing)
• Ark. R. Civ. P. 3, 4, 8, 10, 11
• Propst v. McNeill, 326 Ark. 623, 932 S.W.2d 766 (1996) (no implied warranty of habitability)
• 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. § 3951 (Servicemembers Civil Relief Act eviction limits)
• 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