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: [__/__/____]

2. NOTICE TO TENANT

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with the rental agreement covering the premises located 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) CALENDAR DAYS AFTER THE DATE THIS NOTICE IS SERVED ON YOU, you must:

(a) CURE the lease violation(s) described in Section 3 below to the Landlord's reasonable satisfaction; OR

(b) VACATE the Premises and surrender possession to the Landlord, removing all persons and personal property and returning all keys.

IF YOU FAIL TO DO EITHER, the rental agreement shall terminate at the end of the fourteenth (14th) day, and the Landlord intends to (and reserves the right to) pursue any or all of the following:

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 following specific acts or omissions constituting noncompliance with the rental agreement and/or with the tenant duties imposed by Ark. Code Ann. § 18-17-602 (Residential Landlord-Tenant Act of 2007):

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 ¶ ____]
• Statutory duty breached: [e.g., Ark. Code Ann. § 18-17-602(a)(__) — Tenant's duty to comply with applicable building and housing codes; or § 18-17-602(a)(__) — Tenant's duty to keep premises clean and safe]

Violation #2 (if applicable)

• Date(s) of conduct: [__/__/____] to [__/__/____]
• Description: [____________]
• Lease provision breached: [Lease ¶ ____]
• Statutory duty breached: [Ark. Code Ann. § 18-17-602(a)(__)]

Violation #3 (if applicable)

• Date(s) of conduct: [__/__/____] to [__/__/____]
• Description: [____________]
• Lease provision breached: [Lease ¶ ____]
• Statutory duty breached: [Ark. Code Ann. § 18-17-602(a)(__)]

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 (RLTA — material noncompliance with the rental agreement; 14-day cure period);
• Ark. Code Ann. § 18-17-602 (RLTA — tenant duties);
• 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 Quoted Standard: Under § 18-17-701, where there is a material noncompliance by the tenant with the rental agreement other than a default in the payment of rent, the landlord may deliver a written notice specifying the acts and omissions constituting the breach and demanding remedy. If the tenant fails to remedy within fourteen (14) days, the rental agreement terminates as provided in the notice.

5. REQUIRED CURE — HOW TO COMPLY

To cure the violations described in Section 3, you must take the following corrective action(s) on or before [__/__/____] (which is fourteen (14) calendar days after the date of service of this Notice):

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) reserves the right to inspect the Premises upon reasonable notice (at least twenty-four (24) hours per § 18-17-602(b)) to verify cure.

Substantial compliance with the demanded cure shall be required; cosmetic or partial cure that does not eliminate the violation will not be deemed sufficient.

6. TENANT WARNINGS AND LIMITATIONS ON DEFENSES

1. NO IMPLIED WARRANTY OF HABITABILITY DEFENSE. Arkansas common law does not recognize an implied warranty of habitability that would excuse tenant noncompliance with the rental agreement. See Propst v. McNeill, 326 Ark. 623, 932 S.W.2d 766 (1996). Limited statutory remedies for habitability defects exist under Ark. Code Ann. §§ 18-17-501 and 18-17-502 (effective for leases entered or renewed after November 1, 2021, and applicable to landlords owning six or more units), but those remedies require advance written notice to the landlord and a separate procedural track. They do not retroactively excuse the violations described in Section 3.

2. RETALIATION DEFENSE. Ark. Code Ann. § 18-17-806 prohibits a landlord from retaliating against a tenant for (a) complaining to a governmental agency about a building/housing-code violation, (b) complaining to the landlord about a violation, (c) joining or organizing a tenants' union, or (d) testifying against the landlord. The Landlord represents that this Notice is based solely on the independent grounds described in Section 3, and not on any protected tenant activity.

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 you fail to cure or vacate and the Landlord files an unlawful-detainer complaint, you will have only five (5) days (excluding Sundays and legal holidays) under Ark. Code Ann. § 18-60-307 to file a written objection AND post bond equal to all unpaid rent, or the Circuit Clerk will issue a writ of possession without a hearing.

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 you neither cure nor vacate within fourteen (14) days, 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. Common-law tenancies. ** For tenancies outside RLTA, the common law and Subchapter 16 of Title 18 govern. The applicable notice for material breach is generally the three-day notice to quit under § 18-60-304(2), which functions as an unconditional notice (no statutory cure right). Some lease forms provide a contractual cure period, which should be followed.

**C. Repeated violations. ** If the same or substantially similar violation occurred within the prior twelve (12) months and was previously the subject of a written cure notice, RLTA permits the landlord to terminate without further opportunity to cure (consult § 18-17-701(b) and the lease).

**D. Health-and-safety violations. ** For tenant conduct creating an immediate and substantial threat to health or safety (e.g., drug manufacture, threats to other tenants, weapons offenses), the landlord may issue an unconditional notice with a shorter period if authorized by the lease. Confirm with counsel and consider involving law enforcement.

**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. ** Section 8 voucher and project-based housing have additional notice requirements under 24 C.F.R. Part 247 and the HAP contract, which often supersede state notice rules.

**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. § 18-17-602 (Tenant duties)
• 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. § 18-17-806 (Retaliatory conduct prohibited)
• 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; 3-day notice)
• Ark. Code Ann. § 18-60-307 (Proceedings in court; tenant 5-day objection and bond)
• Ark. Code Ann. § 18-16-101 (Failure to pay rent; criminal misdemeanor failure to vacate)
• 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)
• Propst v. McNeill, 326 Ark. 623, 932 S.W.2d 766 (1996) (no implied warranty of habitability)
• 24 C.F.R. Part 247 (HUD subsidized-housing eviction requirements)
• 50 U.S.C. § 3951 (Servicemembers Civil Relief Act)
• 42 U.S.C. § 3601 et seq. (Fair Housing Act)
• Ark. Code Ann. § 16-123-103 (Arkansas Civil Rights Act — fair housing)
• Legal Aid of Arkansas: 1-800-952-9243; arlegalaid.org
• Center for Arkansas Legal Services: 1-800-950-5817; arkansaslegalservices.org

END OF NOTICE — ATTORNEY REVIEW REQUIRED BEFORE SERVICE