Arkansas Eviction Notice and Unlawful Detainer Complaint Package

ARKANSAS EVICTION NOTICE AND UNLAWFUL DETAINER COMPLAINT PACKAGE

Package Contents

Arkansas provides distinct eviction procedures. This package includes forms associated with civil unlawful detainer and the separate criminal failure-to-vacate statute. Arkansas counsel must select the proper route and determine whether any forms may be used together.

1. Document A — Ten-Day Notice to Vacate (§ 18-16-101) — required before criminal Failure to Vacate
2. Document B — Three-Day Nonpayment Notice to Quit and Demand for Possession (§ 18-60-304(3)) — Unlawful Detainer
3. Document C — Fourteen-Day Notice of Noncompliance with Right to Cure (§ 18-17-701) — Civil Eviction
4. Document D — Complaint for Unlawful Detainer (§ 18-60-307(a))
5. Document E — Notice of Intention to Issue Writ of Possession (§ 18-60-307)
6. Document F — Affidavit / Verification of Landlord
7. Document G — Pre-Service Compliance Checklist

DOCUMENT A — TEN-DAY NOTICE TO VACATE (CRIMINAL FAILURE TO VACATE)

(Ark. Code Ann. § 18-16-101)

TO: [________________________________], Tenant(s)
and all occupants of: [________________________________________________________]
[City: ________________________, County: __________________, Arkansas, ZIP: __________]

FROM: [________________________________], Landlord / Agent / Attorney
Address: [________________________________________________]
Telephone: [________________________]

DATE OF NOTICE: [__/__/____]

NOTICE TO VACATE — TEN (10) DAYS

YOU ARE HEREBY NOTIFIED, pursuant to Ark. Code Ann. § 18-16-101, that you have failed to pay the rent due under the rental agreement for the above-described premises and have forfeited your right to occupy the premises.

YOU MUST VACATE AND SURRENDER POSSESSION of the premises within TEN (10) DAYS of receipt of this notice.

CRIMINAL CONSEQUENCES

PLEASE TAKE NOTICE that pursuant to Ark. Code Ann. § 18-16-101(b), if you willfully refuse to vacate and surrender possession after the written ten-day notice, you may be charged with a MISDEMEANOR. Upon conviction, the statutory fine is not less than one dollar ($1.00) and not more than twenty-five dollars ($25.00) for each offense. Each day of willful and unnecessary holdover after the notice expires constitutes a separate offense. If charged, you plead not guilty, and you continue to occupy the premises, § 18-16-101(c) requires you to deposit rent due into the court registry and continue depositing rent during the case. Failure to make required deposits may result in a separate Class B misdemeanor if you plead guilty or no contest, or are found guilty, of refusal to vacate.

Landlord / Agent Signature: _______________________________
Printed Name: [________________________________]
Date: [__/__/____]

DOCUMENT B — THREE-DAY NONPAYMENT NOTICE TO QUIT AND DEMAND FOR POSSESSION

(Ark. Code Ann. § 18-60-304(3); use this three-day form for nonpayment only)

TO: [________________________________], Tenant(s)
Premises: [________________________________________________________]

DATE: [__/__/____]

YOU ARE HEREBY NOTIFIED that rent is unpaid when due for the above-described premises. Amount past due: $[____________].

DEMAND IS HEREBY MADE that you quit, deliver, and surrender possession of the premises to the Landlord after the full THREE (3) DAY written-notice period required for a nonpayment claim under Ark. Code Ann. § 18-60-304(3). Arkansas counsel must calculate the deadline from the delivery facts.

The exercise of this remedy or any negotiations between Landlord and Tenant does not waive Landlord's right to exercise any other rights and remedies in a court of law.

If you fail to vacate within three (3) days, Landlord will commence an action for unlawful detainer pursuant to Ark. Code Ann. § 18-60-301 et seq., seeking a writ of possession, past-due rent, damages, costs, and attorney's fees.

Landlord / Agent Signature: _______________________________
Printed Name: [________________________________]
Date: [__/__/____]

DOCUMENT C — FOURTEEN-DAY NOTICE OF NONCOMPLIANCE AND RIGHT TO CURE

(Ark. Code Ann. § 18-17-701; Arkansas Residential Landlord-Tenant Act of 2007)

TO: [________________________________], Tenant(s)
Premises: [________________________________________________________]

DATE: [__/__/____]

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with the rental agreement and/or your obligations under Ark. Code Ann. § 18-17-601 by reason of:

[____________________________________________________________]
[____________________________________________________________]

You have FOURTEEN (14) DAYS from receipt of this notice to remedy the breach. If the breach is not remedied within fourteen days, the rental agreement will terminate on [__/__/____] (a date not less than 14 days after receipt).

Landlord / Agent Signature: _______________________________
Date: [__/__/____]

DOCUMENT D — COMPLAINT FOR UNLAWFUL DETAINER

(Ark. Code Ann. § 18-60-301 et seq.)

IN THE CIRCUIT COURT OF [________________________] COUNTY, ARKANSAS

[______________________________________________________] DISTRICT / DIVISION

Case No.: [________________________]

COMPLAINT FOR UNLAWFUL DETAINER

COMES NOW the Plaintiff, [________________________________], by and through undersigned counsel, and for its Complaint for Unlawful Detainer against the Defendant(s) states as follows:

1. Parties. Plaintiff is the owner / managing agent of the residential rental property located at [________________________________________________________], [City: ________________________], [County: __________________], Arkansas, ZIP [__________] (the "Premises"). Defendant(s) is/are in possession of the Premises pursuant to a written / oral rental agreement dated [__/__/____].

2. Jurisdiction and Venue. This Court has jurisdiction over this action pursuant to Ark. Code Ann. § 18-60-303. Venue is proper because the Premises are located in [________________________] County.

3. Tenancy and Rent.

4. Ground for Unlawful Detainer. Defendant(s) is/are guilty of unlawful detainer pursuant to Ark. Code Ann. § 18-60-304 because Defendant(s):

☐ Failed to pay rent when due — past-due rent of $[____________] from [__/__/____].
☐ Held over after expiration of the lease term ending [__/__/____].
☐ Failed to maintain the premises in a safe, healthy, or habitable condition.
☐ Caused or permitted a statutory nuisance described in § 18-60-304(5) on the Premises: [DESCRIBE FACTS AND APPLICABLE NUISANCE LAW].
☐ Other ground under § 18-60-304([SUBSECTION]): [DESCRIBE FACTS].

5. Notice and Demand (complete the applicable ground). ☐ For nonpayment under § 18-60-304(3), Plaintiff served the three-day written notice to quit and demand for possession on [__/__/____]; Defendant(s) did not pay or surrender possession after that period. ☐ For a lease breach, Plaintiff served the applicable notice and opportunity to cure under § 18-17-701 on [__/__/____]; the agreement terminated on [__/__/____], and Defendant(s) remained in possession. ☐ For another § 18-60-304 ground, state the facts and any notice required for that ground: [________________________________]. The selected Notice and Proof of Service, if required, are attached as Exhibit A.

6. Damages.

• Past-due rent: $[____________]
• Rental value per month from [__/__/____] to date of judgment: $[____________]
• Per § 18-60-309, Plaintiff is entitled to rental value for each month of unlawful detention. ☐ Premises are residential — single rental value. ☐ Premises are commercial/mixed-use — Plaintiff seeks treble the rental value per § 18-60-309(b).
• Other damages: [________________________________]

7. Notice of Intention to Issue Writ of Possession. Plaintiff has caused, or will cause, the summons, complaint, and statutory notice seeking a writ of possession to be served pursuant to Ark. Code Ann. § 18-60-307. Defendant(s) have five days, excluding Sundays and legal holidays, to file a written objection to the possession claim. If the court later issues a writ and Defendant seeks to retain possession, subsection (e) governs any court-ordered security.

8. Attorney's Fees. Plaintiff seeks reasonable attorney's fees pursuant to the rental agreement, paragraph [______], and/or Ark. Code Ann. § 16-22-308.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that the Court:

(a) Adjudge that Defendant(s) is/are guilty of unlawful detainer of the Premises;
(b) Issue a Writ of Possession pursuant to Ark. Code Ann. § 18-60-307 and § 18-60-309, directing the Sheriff of [________________________] County to remove Defendant(s) and all occupants from the Premises;
(c) Award Plaintiff past-due rent of $[____________], rental value of $[____________] per month for each month of unlawful detention until possession is restored ☐ (treble for commercial/mixed-use), and all other damages proven at trial;
(d) Award Plaintiff costs and reasonable attorney's fees;
(e) Grant such other relief as the Court deems just.

Respectfully submitted,

_______________________________
[Attorney Name]
[Arkansas Bar No.: __________]
[Firm: ________________________________]
[Address: ________________________________]
[Phone: ________________] [Email: ________________]
ATTORNEY FOR PLAINTIFF

DOCUMENT E — NOTICE OF INTENTION TO ISSUE WRIT OF POSSESSION

(Ark. Code Ann. § 18-60-307)

IN THE CIRCUIT COURT OF [________________________] COUNTY, ARKANSAS

Case No.: [________________________]

TO: [________________________________], Defendant(s)

YOU ARE HEREBY NOTIFIED that the Plaintiff has filed a Complaint for Unlawful Detainer against you and is requesting that the Court issue a Writ of Possession directing the Sheriff to remove you and your possessions from the Premises located at:

[________________________________________________________]

YOUR RIGHT TO OBJECT — READ CAREFULLY

YOU HAVE FIVE (5) DAYS, EXCLUDING SUNDAYS AND LEGAL HOLIDAYS, FROM THE DATE OF SERVICE OF THIS NOTICE TO:

File a written objection with the Clerk of this Court to the Plaintiff's claim for possession of the Premises. A timely objection leads to a hearing on possession.

If you object and remain in possession: Under § 18-60-307(c), deposit rent due into the court registry when you file the objection, and continue depositing rent as it becomes due during the case. Failure to deposit rent without justification is grounds for the court to grant a writ of possession.

IF YOU DO NOT FILE A WRITTEN OBJECTION WITHIN FIVE (5) DAYS, EXCLUDING SUNDAYS AND LEGAL HOLIDAYS, the clerk shall issue a writ of possession upon order of the court under § 18-60-307(b). The sheriff then executes the writ.

Clerk of Court — Address: [________________________________________________]
Hours: [________________________________________________]

Date: [__/__/____]

_______________________________
[Attorney for Plaintiff]
[Bar No.: ________________]

DOCUMENT F — VERIFICATION / AFFIDAVIT OF LANDLORD

(Ark. R. Civ. P. 11; § 18-60-307(a))

STATE OF ARKANSAS
COUNTY OF [________________________] ss.

I, [________________________________], being first duly sworn, depose and state:

1. I am the Plaintiff / authorized agent of the Plaintiff in the above-captioned action.

2. I have read the foregoing Complaint for Unlawful Detainer and the matters set forth therein are true and correct to the best of my knowledge, information, and belief.

3. Defendant(s) is/are in unlawful detainer of the Premises. The amount of rent past due is $[____________], and the fair rental value of the Premises is $[____________] per month.

4. The Three-Day Notice to Quit was served upon Defendant(s) on [__/__/____] by [method of service: ________________________].

_______________________________
[Affiant Signature]
[Printed Name: ________________________________]

Subscribed and sworn to before me this [____] day of [______________], 20[____].

_______________________________
Notary Public — State of Arkansas
My Commission Expires: [__/__/____]

DOCUMENT G — PRE-SERVICE COMPLIANCE CHECKLIST

Choice of Procedure

☐ § 18-60-301 Unlawful Detainer (most common — civil; 3-day notice; writ of possession; available to all landlords).
☐ § 18-17-901 Civil Eviction (Arkansas RLTA — check the Act's exclusions in § 18-17-202 and the ground-specific notice requirements).
☐ § 18-16-101 Criminal Failure to Vacate (10-day notice; misdemeanor; $1–$25 per day fine upon conviction; court-registry deposits may be required under subsection (c)).
☐ § 18-16-501 et seq. Criminal-Activity Eviction (drugs, violence, weapons).

Notice Compliance

☐ Correct statutory notice form selected.
☐ Notice period computed correctly (3 days / 10 days / 14 days, as applicable).
☐ Notice contains required statutory language and demand for possession.
☐ Notice signed and dated by Landlord, Agent, or Attorney (§ 18-16-101 expressly permits any of these).
☐ Lease provision requiring longer notice complied with, if any.
☐ Federal subsidized housing — extended notice complied with (HUD/RD/LIHTC).
☐ Servicemembers Civil Relief Act eviction protections considered (50 U.S.C. § 3951).

Filing Compliance

☐ Complaint filed in the Circuit Court of the county where the premises are located.
☐ Notice of Intention to Issue Writ of Possession prepared (§ 18-60-307).
☐ Circuit Court filing fee paid in the current amount confirmed with the clerk.
☐ Service via Sheriff or licensed process server.
☐ Three-day notice and proof of service attached as exhibit.
☐ Lease agreement attached as exhibit.
☐ Rent ledger / accounting attached as exhibit.

Post-Filing Compliance

☐ Five-day objection window, excluding Sundays and legal holidays, monitored.
☐ Writ procedure reviewed under § 18-60-307, including the distinct rules for no objection, a hearing, and any court-authorized retention security.
☐ Sheriff coordination for lockout (§ 18-60-310 — 24 hours after service or posting).
☐ Per-diem damages calculation maintained.

ARKANSAS-SPECIFIC PROCEDURE NOTES

Four Eviction Procedures. Unlike most states, Arkansas offers four parallel procedures. Selection criteria:

Tenant's Five-Day Objection. Section 18-60-307(b) provides five days, excluding Sundays and legal holidays, to file a written objection to possession. Without a timely objection, the clerk may issue a writ upon court order. If the tenant objects and remains in possession, subsection (c) separately addresses rent deposits; unjustified failure to tender rent is grounds for the court to grant the writ.

Do Not Import the Security-Deposit Exemption into the RLTA. The five-or-fewer-unit exemption in Ark. Code Ann. § 18-16-303 applies to the security-deposit subchapter and does not create a six-unit threshold for the Residential Landlord-Tenant Act. Review the Act's own exclusions in § 18-17-202.

Sheriff Posting. Per § 18-60-310, if the Sheriff cannot serve the Defendant within 8 hours, the Sheriff may post the writ on the front door; Defendant has 24 hours after service or posting to vacate.

Sources and References

• Ark. Code Title 18 — Property: https://codes.findlaw.com/ar/title-18-property/
• Arkansas Access to Justice — Landlord/Tenant: https://arlawhelp.org
• Arkansas Code § 18-16-101: https://law.justia.com/codes/arkansas/title-18/subtitle-2/chapter-16/subchapter-1/section-18-16-101/
• Arkansas Code § 18-60-301 et seq.: https://law.justia.com/codes/arkansas/title-18/subtitle-2/chapter-60/subchapter-3/

Disclaimer: This template is informational only and not legal advice. Arkansas eviction procedure is unique among U.S. states (the only criminal eviction). Consult a licensed Arkansas attorney prior to service or filing.