NOTICE OF DEFAULT AND TERMINATION OF TENANCY

(Arkansas Residential Premises)

[// GUIDANCE: This template is designed for Arkansas residential evictions. It intentionally incorporates statutory notice-period placeholders so counsel can select the correct number of days based on (i) the cause for eviction and (ii) the procedure elected (e.g., 3-day “unlawful detainer” notice for non-payment under Ark. Code Ann. § 18-60-304 versus a longer cure period for other defaults under the Arkansas Residential Landlord-Tenant Act). Verify the most current statutory requirements and local court rules before service.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Statement of Default
4. Demand to Cure or Vacate
5. Service of Notice
6. Remedies Upon Non-Compliance
7. Governing Law & Forum Selection
8. Reservation of Rights
9. Certificate of Service
10. Execution Block

1. DOCUMENT HEADER

1.1 Title
NOTICE OF DEFAULT AND TERMINATION OF TENANCY
(“Notice”)

1.2 Parties
Landlord: [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE]
Tenant: [TENANT LEGAL NAME]

1.3 Premises
Street Address: [FULL PROPERTY ADDRESS]
Legal Description (optional): [INSERT IF NEEDED]

1.4 Lease
Original Lease Date: [LEASE EFFECTIVE DATE]
Current Term Expiration (if any): [LEASE END DATE]

1.5 Effective Date of Notice
The earlier of (a) the date of personal delivery to Tenant, or (b) [DATE MAILED/POSTED] (“Effective Date”).

1.6 Statutory Reference
This Notice is issued pursuant to applicable Arkansas landlord-tenant statutes, including without limitation Ark. Code Ann. § 18-60-304 (unlawful detainer) and any other controlling provisions of Arkansas law.

2. DEFINITIONS

“Default” – The act(s) or omission(s) by Tenant identified in Section 3 constituting a breach of the Lease and/or Arkansas law.
“Demand Period” – [NUMBER] calendar days after the Effective Date, calculated in strict compliance with Arkansas law.
“Possession Deadline” – 11:59 p.m. on the last day of the Demand Period.
“Premises” – The real property identified in Section 1.3.
“Rent Arrearage” – The unpaid rent, late fees, and other sums due as of the Effective Date, detailed in Section 3.1.

3. STATEMENT OF DEFAULT

3.1 Monetary Default (check if applicable):
☐ Tenant failed to pay Rent in the total amount of $[AMOUNT], which became due on [DUE DATE] and remains unpaid as of the Effective Date (“Rent Arrearage”).

3.2 Non-Monetary Default (check if applicable):
☐ Tenant has materially violated the Lease and/or Arkansas law as follows:
 • [DESCRIBE VIOLATION—e.g., unauthorized occupants, pet violation, waste, nuisance, controlled-substance activity, etc.]

3.3 Prior Notices (if any):
☐ [DESCRIBE OR “NONE”]

4. DEMAND TO CURE OR VACATE

4.1 Monetary Default—Cure Option
If Section 3.1 is checked, Tenant must, within the Demand Period, tender the full Rent Arrearage plus all accruing rent, late fees, and other charges through the date of payment.

4.2 Non-Monetary Default—Cure Option
If Section 3.2 is checked, Tenant must, within the Demand Period, fully remedy each violation described in Section 3.2 to Landlord’s reasonable satisfaction and provide written proof of such cure.

4.3 Unconditional Quit (if elected)
☐ Landlord elects to require Tenant to VACATE the Premises unconditionally by the Possession Deadline, without the option to cure.

[// GUIDANCE: For non-payment of rent, Arkansas’s “unlawful detainer” statute permits a 3-day unconditional quit notice. Counsel may instead choose a “cure-or-quit” notice under the Residential Landlord-Tenant Act, which generally allows a longer period (often 10-14 days). Custom-fit the checkbox selections and the Demand Period accordingly.]

4.4 Delivery of Keys & Surrender
Tenant shall surrender possession by removing all persons and personal property, returning all keys/fobs, and leaving the Premises broom-clean and free of trash by the Possession Deadline.

5. SERVICE OF NOTICE

5.1 Permitted Methods (select all that apply and complete specifics):
☐ Personal delivery to Tenant at the Premises on [DATE] at [TIME].
☐ Certified Mail, return-receipt requested, tracking no. [NUMBER], deposited on [DATE].
☐ Posting in a conspicuous place on the Premises on [DATE], AND mailing by first-class mail on [DATE].

[// GUIDANCE: Ark. Code Ann. § 18-60-307 allows service by certain methods for unlawful detainer; local rules may impose additional requirements. Confirm local practice before service.]

5.2 Effectiveness of Service
Service is deemed complete in accordance with Arkansas law for the method(s) selected above.

6. REMEDIES UPON NON-COMPLIANCE

If Tenant fails to cure all Defaults and/or vacate the Premises by the Possession Deadline, Landlord will, without further notice:

a. File an action for unlawful detainer and seek an immediate writ of possession;
b. Recover a money judgment for all rent, damages, costs, and attorney fees permitted by statute or the Lease;
c. Pursue any additional or alternative remedies available at law or in equity, including injunctive relief to remove or bar unauthorized occupants.

7. GOVERNING LAW & FORUM SELECTION

This Notice, the Lease, and any resulting eviction proceeding shall be governed by the laws of the State of Arkansas. Exclusive venue and jurisdiction lie in the [INSERT COUNTY] District or Circuit Court, Housing Division (or other court of competent jurisdiction) sitting in Arkansas, as provided under state landlord-tenant statutes.

8. RESERVATION OF RIGHTS

Nothing herein shall be construed as a waiver of any past, present, or future defaults, nor as an election of remedies restricting Landlord from pursuing any and all rights and remedies available under the Lease, statute, or common law. Acceptance of partial payment after service of this Notice shall not constitute a waiver unless expressly agreed in writing by Landlord.

9. CERTIFICATE OF SERVICE

I, [NAME OF PERSON SERVING NOTICE], certify under penalty of perjury that I served this Notice on the Tenant(s) identified above on the Effective Date by the method(s) indicated in Section 5.1.

Signature: _____
Date: _____

10. EXECUTION BLOCK

LANDLORD:

[LANDLORD LEGAL NAME]
By: __________
Name: [SIGNATORY NAME]
Title: [TITLE]
Date: [DATE]

[// GUIDANCE:
1. Attach any required statutory addenda (e.g., CDC declaration form if applicable).
2. Retain proof of mailing, posting photographs, and signed certificate of service for court filing.
3. Confirm compliance with any state- or city-level COVID-19 or emergency moratoria before service.
4. For corporate landlords, ensure signatory authority is properly documented (e.g., Board resolution, operating agreement authorization).]