Arkansas Notice to Cure Lease Violation or Quit (14-Day RLTA Notice)

NOTICE TO CURE LEASE VIOLATION OR QUIT — ARKANSAS

TABLE OF CONTENTS

1. Cover Page and Track Selection
2. Notice to Tenant
3. Description of Lease Violation
4. Statutory and Contractual Authority
5. Required Cure — How to Comply
6. Tenant Warnings and Limitations on Defenses
7. Consequences of Non-Compliance
8. Reservation of Rights and Non-Waiver
9. Signature Block
10. Affidavit and Proof of Service
11. Arkansas Practice Notes
12. Sources and References

1. COVER PAGE AND TRACK SELECTION

TO: [TENANT'S FULL LEGAL NAME(S)] and all other occupants of the Premises

FROM: [LANDLORD / OWNER / AGENT NAME]

PROPERTY ADDRESS: [STREET ADDRESS, UNIT NUMBER, CITY, COUNTY, ARKANSAS, ZIP]

DATE OF NOTICE: [__/__/____]

Selected ground: Noncompliance with a rental-agreement term under Ark. Code Ann. § 18-17-701(a) for a tenancy covered by the Residential Landlord-Tenant Act of 2007. Identify the violated term in Section 3.

2. NOTICE TO TENANT

YOU ARE HEREBY NOTIFIED that you have not complied with the rental-agreement term identified below for the premises at [PROPERTY ADDRESS] (the "Premises").

You currently occupy the Premises pursuant to ☐ a written lease dated [__/__/____] ☐ an oral month-to-month tenancy ☐ an oral week-to-week tenancy ☐ other: [____________] (the "Tenancy").

Within fourteen (14) days after you receive this Notice, remedy the noncompliance described in Section 3 using the steps in Section 5. Date of receipt: [DATE RECEIVED]. You may instead vacate and surrender possession by the termination date stated below.

The rental agreement will terminate on [TERMINATION DATE] if the noncompliance is not remedied as § 18-17-701(a) permits. That date must be at least fourteen days after you receive this Notice. If the noncompliance can be remedied by repairs or otherwise and you adequately remedy it before the stated termination date, the agreement does not terminate under this Notice. After termination, the Landlord may pursue available court remedies, including:

1. A civil action for unlawful detainer under Ark. Code Ann. §§ 18-60-301 et seq. and 18-17-901, seeking a writ of possession, damages, attorney's fees, and costs.
2. The holdover remedies under Ark. Code Ann. § 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.
3. Any other remedies available at law or under the lease.

3. DESCRIPTION OF LEASE VIOLATION

The Landlord identifies the specific acts or omissions constituting noncompliance with the rental agreement. Identify the lease term for every alleged violation; a statutory duty alone requires its own applicable remedy analysis.

Violation #1

• Date(s) of conduct: [__/__/____] to [__/__/____]
• Description: [DESCRIBE THE VIOLATION IN DETAIL — e.g., "Unauthorized occupant residing in the unit since [date], in violation of Lease ¶ ____, which restricts occupancy to the named Tenant and dependent minors only."]
• Lease provision breached: [Lease ¶ ____]
• Related statutory duty, if any (does not replace the lease term): [CITATION OR NONE]

Violation #2 (if applicable)

• Date(s) of conduct: [__/__/____] to [__/__/____]
• Description: [____________]
• Lease provision breached: [Lease ¶ ____]
• Related statutory duty, if any: [CITATION OR NONE]

Violation #3 (if applicable)

• Date(s) of conduct: [__/__/____] to [__/__/____]
• Description: [____________]
• Lease provision breached: [Lease ¶ ____]
• Related statutory duty, if any: [CITATION OR NONE]

Common categories of cited violations include (check all that apply):

4. STATUTORY AND CONTRACTUAL AUTHORITY

This Notice is given pursuant to:

• Ark. Code Ann. § 18-17-701(a) (RLTA — rental-agreement noncompliance; notice and remedy period);
• Ark. Code Ann. § 18-17-601 (RLTA — tenant maintenance duties, if applicable);
• Ark. Code Ann. § 18-17-602 (RLTA — access for inspection or remedy, if applicable);
• Ark. Code Ann. § 18-17-901 (RLTA — grounds for eviction);
• Ark. Code Ann. § 18-60-304 (civil unlawful detainer — alternative ground);
• Lease Section ____ (contractual notice and cure rights, if any).

§ 18-17-701 Standard: Under § 18-17-701(a), for tenant noncompliance with the rental agreement, the landlord may deliver a written notice specifying the acts and omissions and stating that the agreement will terminate on a date not less than fourteen days after receipt if the noncompliance is not remedied in fourteen days.

5. REQUIRED CURE — HOW TO COMPLY

To cure the violations described in Section 3, complete the following actions within fourteen days after receipt of this Notice. Any date written in the table must allow that full period:

Verification of cure must be provided in writing to the Landlord at:

[LANDLORD/AGENT NAME]
[ADDRESS]
[CITY, AR, ZIP]
Telephone: [__________]
Email: [____________]

The Landlord (or designated representative) may request access to verify cure. Ark. Code Ann. § 18-17-602(a) lists permitted purposes for which a tenant may not unreasonably withhold consent, but it does not state a twenty-four-hour notice period. Follow the lease and counsel-reviewed notice, consent, timing, emergency, and local requirements.

Whether the identified noncompliance has been adequately remedied must be evaluated under § 18-17-701(a)(2), the lease, and the documented facts.

6. TENANT WARNINGS AND LIMITATIONS ON DEFENSES

1. RESIDENTIAL QUALITY-STANDARDS CLAIMS. Ark. Code Ann. § 18-17-502 applies to qualifying residential leases entered into or renewed after November 1, 2021; it does not contain a six-unit ownership threshold. Its written-notice and sole-remedy provisions must be analyzed separately, and § 18-17-502(d)(3) does not authorize rent offset or withholding.

2. RETALIATION AND DISCRIMINATION SCREEN. Current Ark. Code Ann. chapter 18-17 ends Subchapter 8 at § 18-17-802 and does not contain an enacted § 18-17-806 retaliation provision. Counsel must instead screen the facts for any applicable federal, subsidized-housing, civil-rights, local, contractual, or other defense and document the legitimate lease-based ground for this notice.

3. CRIMINAL CONDUCT. If any of the cited violations involve criminal activity (drug manufacture, violent threats, weapons offenses), separate or accelerated remedies may apply, and law enforcement may be contacted.

4. WRIT OF POSSESSION TIMELINE. If the Landlord files an unlawful-detainer complaint, you will have five days, excluding Sundays and legal holidays, after service of the summons, complaint, and statutory notice under Ark. Code Ann. § 18-60-307 to file a written objection to possession. If you object and remain in possession, the statute separately addresses rent deposits during the case; failure to tender rent without justification is grounds for the court to grant the writ.

5. YOUR RIGHT TO COUNSEL. You may consult an attorney before responding. Free or low-cost legal services may be available through Legal Aid of Arkansas (1-800-952-9243) or the Center for Arkansas Legal Services (1-800-950-5817).

7. CONSEQUENCES OF NON-COMPLIANCE

If the noncompliance remains unremedied, the agreement terminates on the date stated in Section 2, and possession is not surrendered, the Landlord intends to:

☐ File a civil Complaint in Unlawful Detainer in the Circuit Court of [COUNTY] County, requesting a writ of possession, damages, attorney's fees under Ark. Code Ann. § 16-22-308, and costs.

☐ Pursue holdover damages under Ark. Code Ann. § 18-17-704 in an amount up to three (3) months' periodic rent or twice the actual damages sustained, whichever is greater, plus reasonable attorney's fees.

☐ Pursue any liquidated damages or fees authorized under Lease Section ____.

☐ Forfeit your security deposit to the extent permitted by Ark. Code Ann. §§ 18-16-303 to 18-16-306 and apply it to damages.

8. RESERVATION OF RIGHTS AND NON-WAIVER

The Landlord reserves all rights and remedies. No act or omission, including the giving of this Notice, the granting of any extension of time to cure, the acceptance of any rent or partial payment, or the negotiation of cure, shall constitute (a) a waiver of any past or future default, (b) a renewal or extension of the Tenancy, (c) the creation of a new tenancy, or (d) an estoppel. This Notice is given strictly without prejudice to all other rights.

9. SIGNATURE BLOCK

Dated: [__/__/____]

[LANDLORD / AUTHORIZED AGENT NAME]
Signature: ____________________________
Printed Name: [____________]
Title: [Owner / Property Manager / Authorized Agent]
Address: [____________]
City, State, ZIP: [____________]
Telephone: [____________]
Email: [____________]

10. AFFIDAVIT AND PROOF OF SERVICE

STATE OF ARKANSAS
COUNTY OF [____________]

I, [NAME OF PERSON WHO SERVED THE NOTICE], of lawful age, being first duly sworn upon oath, depose and state:

1. I am over the age of eighteen (18) and not a party to this matter.
2. On [__/__/____] at approximately [__:__] ☐ a.m. ☐ p.m., I served the foregoing Notice to Cure Lease Violation or Quit on [TENANT NAME] at [PROPERTY ADDRESS] by the following method (check all that apply):

☐ Personal delivery to the Tenant.
☐ Substituted service by leaving a copy with [NAME, RELATIONSHIP], a person of suitable age residing at the Premises.
☐ Conspicuous posting on the front door of the Premises (after diligent effort to locate Tenant).
☐ U.S. certified mail, return receipt requested, addressed to Tenant at the Premises.
☐ U.S. first-class mail, addressed to Tenant at the Premises (in addition to the method above).

3. I attach a true and correct copy of the Notice as Exhibit A.

Signature: ____________________________
Printed Name: [____________]

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

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

11. ARKANSAS PRACTICE NOTES

**A. RLTA scope. ** The Arkansas Residential Landlord-Tenant Act of 2007 (RLTA), codified at Ark. Code Ann. §§ 18-17-101 to -913, applies to residential rental agreements but excludes (per § 18-17-202) (1) hotel/motel/transient lodging, (2) institutional residencies (medical, educational, religious), (3) shelters, (4) certain owner-occupied multifamily, and (5) other arrangements listed by statute. The 14-day cure period of § 18-17-701 applies only to RLTA-covered tenancies.

B. Other tenancies. This 14-day RLTA notice should be used only where § 18-17-701 governs the identified violation. Section 18-60-304(2) addresses possession unlawfully retained after written demand following lawful possession; it does not itself prescribe a three-day notice period for every material breach. Section 18-60-304(3) separately states the three-day notice-to-quit and written-demand route for nonpayment. Review the lease and applicable law before using a different ground.

C. Repeated violations. Section 18-17-701(a) does not create a repeat-breach exception to its notice and remedy period. Subsection (b) addresses unpaid rent. Do not use this form to claim that a prior cure notice alone removes the tenant's opportunity to remedy a new breach.

D. Health-and-safety violations. This form does not establish a shorter or unconditional termination period for an alleged health-and-safety violation. Check the separate statutory and lease grounds before using a different notice.

**E. Pulaski County (Little Rock) and Washington County (Fayetteville). ** Local Circuit Courts may have additional administrative orders and standing orders affecting eviction filings. Pulaski County requires specific case-cover-sheet entries for unlawful detainer; Washington County maintains specific eviction-track procedures. Confirm with the local clerk.

**F. Service members. ** SCRA (50 U.S.C. § 3951) applies; check active-duty status before filing. State and federal-housing-program eviction restrictions may also apply.

G. Federal subsidized housing. For tenant-based Housing Choice Voucher tenancies, review 24 C.F.R. § 982.310 and the lease and HAP contract; § 982.310(e) requires written notice of the termination grounds and a copy of any eviction notice to the public housing agency. Part 247 expressly excludes tenant-based voucher tenancies. For a subsidized project covered by Part 247, review its separate termination-notice requirements. Apply the federal program requirements alongside any applicable state notice rule.

**H. Sealing eviction records. ** Arkansas does not currently provide a comprehensive statutory mechanism to seal civil unlawful-detainer judgments. Pending legislation (track via arkleg.state.ar.us) has been proposed; verify current law before representing to a tenant that a prior eviction filing can be sealed.

12. SOURCES AND REFERENCES

• 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. § 18-17-601 (Tenant maintenance duties)
• Ark. Code Ann. § 18-17-602 (Access)
• Ark. Code Ann. § 18-17-701 (Noncompliance with rental agreement; 14-day cure or termination)
• Ark. Code Ann. § 18-17-704 (Periodic tenancy; holdover remedies)
• Ark. Code Ann. § 18-17-901 (Grounds for eviction of tenant)
• Ark. Code Ann. §§ 18-60-301 to -312 (Forcible entry and detainer; unlawful detainer)
• Ark. Code Ann. § 18-60-304 (Actions constituting unlawful detainer; the three-day notice is in subsection (3)'s nonpayment ground)
• Ark. Code Ann. § 18-60-307 (Proceedings in court; tenant 5-day objection and bond)
• Ark. Code Ann. §§ 18-16-303 to 18-16-306 (Security deposits)
• Ark. Code Ann. § 16-22-308 (Attorney's fees in contract actions)
• Ark. R. Civ. P. 4 (Service of process)
• 24 C.F.R. Part 247 (termination requirements for covered subsidized projects; excludes tenant-based vouchers)
• 24 C.F.R. § 982.310 (Housing Choice Voucher owner termination and notice requirements)
• 50 U.S.C. § 3951 (Servicemembers Civil Relief Act)
• 42 U.S.C. § 3601 et seq. (Fair Housing Act)
• Ark. Code Ann. §§ 16-123-310–316 (Arkansas Fair Housing Act — sale and rental discrimination)
• Legal Aid of Arkansas: 1-800-952-9243; arlegalaid.org
• Arkansas Legal Services referral: ARLawHelp.org; (888) 540-2941

END OF NOTICE — ATTORNEY REVIEW REQUIRED BEFORE SERVICE