Arkansas Eviction Notice and Unlawful Detainer Complaint Package

ARKANSAS EVICTION NOTICE AND UNLAWFUL DETAINER COMPLAINT PACKAGE

Package Contents

Arkansas provides four distinct eviction procedures. This package covers the most common civil pathway (Unlawful Detainer, § 18-60-301 et seq.) and the unique criminal-failure-to-vacate notice (§ 18-16-101). Use of multiple procedures is permitted.

1. Document A — Ten-Day Notice to Vacate (§ 18-16-101) — required before criminal Failure to Vacate
2. Document B — Three-Day Notice to Quit and Demand for Possession (§ 18-60-304) — 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 (§ 18-60-306)
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)(1), if you willfully refuse to vacate and surrender possession of the premises within ten (10) days after receipt of this notice, you may be charged with a MISDEMEANOR. Upon conviction, you may be fined twenty-five dollars ($25.00) per day for each day you fail to vacate the premises. Each day of continued occupancy constitutes a separate offense.

If you enter a plea of not guilty and continue to inhabit the premises after this notice expires, you will be required to deposit into the registry of the court a sum equal to the rent due, and continue to pay rent into the court registry during the pendency of the proceedings. A failure to deposit the required rental payments is a Class B misdemeanor under § 18-16-101(c)(3).

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

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

(Ark. Code Ann. § 18-60-304; Unlawful Detainer)

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

DATE: [__/__/____]

YOU ARE HEREBY NOTIFIED that you are in default under your rental agreement for the above-described premises by reason of (check all that apply):

☐ Failure to pay rent when due. Amount past due: $[____________].
☐ Holding over after expiration of the lease term ending [__/__/____].
☐ Material breach of the rental agreement: [________________________________________________]
☐ Failure to maintain the premises in a safe, healthy, or habitable condition.
☐ Nuisance: [________________________________________________]

DEMAND IS HEREBY MADE that you quit, deliver, and surrender possession of the premises to the Landlord within THREE (3) BUSINESS DAYS from your receipt of this letter. Pursuant to Ark. Code Ann. § 18-60-304, your continued possession after this demand constitutes unlawful detainer.

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) business 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).

If a substantially similar breach recurs within six (6) months, no right-to-cure applies and the rental agreement may be terminated upon shorter notice as provided in § 18-17-701(b).

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

DOCUMENT D — COMPLAINT FOR UNLAWFUL DETAINER

(Ark. Code Ann. § 18-60-301 et seq.)

IN THE DISTRICT 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 a nuisance on the Premises.
☐ Other: [________________________________]

5. Notice and Demand. Plaintiff served upon Defendant(s) a Three-Day Notice to Quit and Demand for Possession on [__/__/____] pursuant to Ark. Code Ann. § 18-60-304. Defendant(s) failed to vacate within three business days. A copy of the Notice and Proof of Service is 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, a Notice of Intention to Issue Writ of Possession to be served with this Complaint pursuant to Ark. Code Ann. § 18-60-307. Defendant(s) have five (5) business days, excluding Sundays and legal holidays, to file a written objection AND deposit with the Court the rent due (or, for commercial leases, all rent allegedly owed pursuant to § 18-17-912).

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 DISTRICT 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) BUSINESS DAYS (excluding Sundays and legal holidays) FROM THE DATE OF SERVICE OF THIS NOTICE TO:

(1) File a written objection with the Clerk of this Court stating that the Plaintiff is not entitled to possession of the Premises; AND

(2) Deposit with the Clerk of this Court a sum equal to the rent alleged to be due. For COMMERCIAL leases, you must also deposit all rent allegedly owed pursuant to Ark. Code Ann. § 18-17-912. Rent will continue to accrue and must be paid into the registry of the Court during the pendency of the action.

IF YOU FAIL TO BOTH FILE A WRITTEN OBJECTION AND DEPOSIT THE REQUIRED RENT WITHIN FIVE (5) BUSINESS DAYS, the Clerk WILL ISSUE A WRIT OF POSSESSION without further notice to you, and the Sheriff will remove you and your possessions from the Premises.

If you object but fail to deposit the required rent (or vice versa), the Plaintiff may move the Court to issue the writ of possession.

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

Date: [__/__/____]

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

DOCUMENT F — VERIFICATION / AFFIDAVIT OF LANDLORD

(Ark. R. Civ. P. 11; § 18-60-306)

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 — applies only to landlords renting 6+ units; 14-day cure for material breach).
☐ § 18-16-101 Criminal Failure to Vacate (10-day notice; misdemeanor; $25/day fine; constitutionally controversial).
☐ § 18-16-501 et seq. Criminal-Activity Eviction (drugs, violence, weapons).

Notice Compliance

☐ Correct statutory notice form selected.
☐ Notice period computed correctly (3 business days / 10 calendar days / 14 days).
☐ 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).
☐ Service Member Civil Relief Act considered (50 U.S.C. § 3953).

Filing Compliance

☐ Complaint filed in District Court of county where premises located.
☐ Notice of Intention to Issue Writ of Possession prepared (§ 18-60-307).
☐ Filing fee paid (District Court — typically $65; verify with 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-business-day objection window monitored.
☐ Motion for writ of possession ready if Tenant fails to BOTH object AND deposit rent.
☐ 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. The unique procedural feature of Arkansas unlawful detainer is the 5-business-day window for tenant to file BOTH a written objection AND deposit rent into the court registry. Failure to do either results in automatic issuance of writ.

RLTA 2007 Applicability. The Arkansas Residential Landlord-Tenant Act applies to landlords renting six or more units. Landlords below this threshold may have no statutory habitability obligations.

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.