Arkansas Notice to Pay Rent or Quit (Dual-Track: Civil Unlawful Detainer + Criminal Failure to Vacate)

NOTICE TO PAY RENT OR QUIT — ARKANSAS

TABLE OF CONTENTS

1. Cover Page and Track Selection
2. Notice to Tenant
3. Statement of Rent Due and Demand for Payment
4. Statutory Citations and Tenant Warnings
5. Right to Cure by Payment
6. Consequences of Non-Compliance
7. Reservation of Rights and Non-Waiver
8. Signature Block
9. Affidavit and Proof of Service
10. Arkansas Practice Notes — Dual Track Selection
11. Sources and References

1. COVER PAGE AND TRACK SELECTION

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

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 default under the rental agreement covering the premises located at [PROPERTY ADDRESS] (the "Premises") for failure to pay rent when due.

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 TEN (10) CALENDAR DAYS AFTER THE DATE THIS NOTICE IS SERVED ON YOU, you must either:

(a) PAY the full amount of rent and other lawful charges set forth in Section 3 below; 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 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., seeking a writ of possession, judgment for unpaid rent, statutory damages, attorney's fees, and costs.
2. A criminal complaint for misdemeanor failure to vacate under Ark. Code Ann. § 18-16-101, which carries a fine of up to twenty-five dollars ($25) per day, with each day of continued occupation constituting a separate offense.
3. Eviction under Subchapter 9 of the Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code Ann. § 18-17-901 et seq.), if applicable.

3. STATEMENT OF RENT DUE AND DEMAND FOR PAYMENT

The Landlord hereby demands payment of the following amounts:

PAYMENT INSTRUCTIONS. Payment must be tendered in full (no partial payment shall be accepted as a cure unless the Landlord agrees in writing) by certified funds to:

[LANDLORD/AGENT NAME]
[PAYMENT ADDRESS]
[CITY, AR, ZIP]
Telephone: [__________]
☐ Tendered in person ☐ Cashier's check or money order ☐ Other: [________]

4. STATUTORY CITATIONS AND TENANT WARNINGS

This notice is given pursuant to:

• Ark. Code Ann. § 18-60-304(2) (civil unlawful detainer for nonpayment after written 3-day demand);
• Ark. Code Ann. § 18-16-101 (criminal misdemeanor failure to vacate after written 10-day notice); and
• Ark. Code Ann. § 18-17-901 (RLTA grounds for eviction; 5-day grace from due date), if applicable.

TENANT WARNINGS:

1. CRIMINAL EXPOSURE. Arkansas Code § 18-16-101 makes it a misdemeanor to remain in possession after the expiration of this 10-day notice. Each day of continued occupation is a separate offense. If you are charged, you may be required to deposit the full unpaid rent — and continuing monthly rent — into the registry of the District Court, and failure to do so is a Class B misdemeanor.

2. CIVIL WRIT OF POSSESSION. Under Ark. Code Ann. § 18-60-307, after the Landlord files a civil unlawful-detainer complaint, you will have only five (5) days (excluding Sundays and legal holidays) to file a written objection AND post bond equal to all unpaid rent into the registry of the Circuit Court. If you fail to do both, the clerk will issue a writ of possession without a hearing.

3. NO IMPLIED WARRANTY OF HABITABILITY. Under Arkansas common law (Propst v. McNeill, 326 Ark. 623, 932 S.W.2d 766 (1996)) the doctrine of caveat lessee applies. Arkansas does not recognize an implied warranty of habitability that would justify rent withholding. Limited statutory remedies exist under §§ 18-17-501 and 18-17-502, but rent withholding is not among them.

4. YOUR RIGHT TO COUNSEL. You have the right to consult with an attorney before responding to this notice. 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).

5. RIGHT TO CURE BY PAYMENT

If, within ten (10) calendar days after service of this Notice, you tender to the Landlord (or the Landlord's agent listed above) the full TOTAL DUE stated in Section 3, by certified funds and without offset, this Notice shall be deemed cured for the period set forth above only.

Acceptance of partial payment does NOT constitute a waiver of this Notice unless expressly so stated in a writing signed by the Landlord. The Landlord reserves the right to refuse any tender that is incomplete, late, untimely, or accompanied by conditions.

Acceptance of a cure does NOT waive the Landlord's right to give a fresh Notice for any subsequent breach, including any subsequent missed rent payment.

6. CONSEQUENCES OF NON-COMPLIANCE

If you neither pay nor vacate within ten (10) days, the Landlord intends to:

☐ File a civil Complaint in Unlawful Detainer in the Circuit Court of [COUNTY] County under Ark. Code Ann. § 18-60-304, requesting:

1. A writ of possession restoring the Premises to the Landlord;
2. Judgment for all unpaid rent, late charges, and contractual damages;
3. Reasonable attorney's fees under Ark. Code Ann. § 16-22-308 and the lease;
4. Costs of suit; and
5. Such other relief as the Court deems just.

☐ File a Sworn Affidavit with the Prosecuting Attorney or the District Court of [COUNTY] County under Ark. Code Ann. § 18-16-101, seeking a criminal misdemeanor charge of failure to vacate against you.

☐ Pursue eviction under Ark. Code Ann. § 18-17-901 and seek the holdover remedies under § 18-17-704 (up to three (3) months' rent or twice actual damages, whichever is greater, plus reasonable attorney's fees, for willful holdover).

7. RESERVATION OF RIGHTS AND NON-WAIVER

The Landlord reserves all rights and remedies available at law, in equity, or under the parties' rental agreement. No act or omission, including the giving of this Notice, the acceptance of partial payment, or the negotiation regarding 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.

8. SIGNATURE BLOCK

Dated: [__/__/____]

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

9. 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 Pay Rent 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. The matters set forth above are true to the best of my knowledge.

Signature: ____________________________
Printed Name: [____________]

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

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

10. ARKANSAS PRACTICE NOTES — DUAL TRACK SELECTION

A. Civil Unlawful Detainer (Ark. Code Ann. § 18-60-301 et seq.). Filed in Circuit Court. Requires three-day written notice for nonpayment under § 18-60-304(2). After filing, the clerk issues a Notice of Intention to Issue Writ of Possession. Tenant has five (5) days (excluding Sundays and legal holidays) to file a written objection AND post bond equal to all unpaid rent under § 18-60-307. If tenant fails to post bond, the writ issues without a hearing. This is the most common and most enforceable Arkansas eviction track.

B. Criminal Failure to Vacate (Ark. Code Ann. § 18-16-101). Initiated by sworn affidavit to the prosecuting attorney or directly to the District Court. Requires ten-day written notice. On conviction, the defendant pays a fine of $1 to $25 per day of holdover; each day is a separate offense. The defendant must deposit unpaid and accruing rent into the court registry; failure to do so is a Class B misdemeanor. This statute has been held unconstitutional by at least one circuit court (State v. Smith, Pulaski Cty. Cir. Ct.) on equal protection, due process, debtor's-prison, and Eighth Amendment grounds, though it remains operative statewide. Many prosecutors decline to prosecute. Use only after consultation with the local prosecutor.

C. RLTA Eviction (Ark. Code Ann. §§ 18-17-901 to -913). For nonpayment, RLTA gives the tenant a five-day grace period from the due date before notice may issue. RLTA does NOT preempt the civil or criminal tracks. RLTA imposes habitability obligations under § 18-17-502 only on landlords owning six or more units, for leases entered or renewed after November 1, 2021.

D. Combined 10-Day Notice (recommended). Issuing one written notice that meets the longest applicable period (10 days) preserves all three tracks. A 3-day civil notice will NOT support a criminal § 18-16-101 prosecution.

E. Pulaski County (Little Rock) and Washington County (Fayetteville). Both jurisdictions have local protocols. Pulaski County District Court historically has been hostile to § 18-16-101 prosecutions. Washington County permits criminal eviction filings but requires careful attention to local rules. Confirm local practice with the clerk.

F. No security-deposit setoff. A tenant may NOT unilaterally apply the security deposit to unpaid rent (Ark. Code Ann. §§ 18-16-303 to 18-16-306). Such application is a defense to nonpayment only if the landlord and tenant agree in writing.

G. Service members. The federal Servicemembers Civil Relief Act (50 U.S.C. § 3951) bars eviction of certain active-duty service members from premises with rent at or below the statutory threshold ($9,812 per month for 2024; verify annual threshold) without a court order. State and federal eviction moratoria for federally subsidized housing must also be checked.

11. SOURCES AND REFERENCES

• Ark. Code Ann. § 18-60-301 et seq. (Forcible Entry and Detainer; Unlawful Detainer)
• Ark. Code Ann. § 18-60-304 (Actions constituting unlawful detainer; 3-day written notice)
• Ark. Code Ann. § 18-60-307 (Proceedings in court; tenant 5-day objection and bond requirement)
• Ark. Code Ann. § 18-16-101 (Failure to pay rent; refusal to vacate; criminal misdemeanor; 10-day notice)
• Ark. Code Ann. §§ 18-17-101 to -913 (Arkansas Residential Landlord-Tenant Act of 2007)
• Ark. Code Ann. § 18-17-901 (Grounds for eviction of tenant; 5-day grace period)
• Ark. Code Ann. § 18-17-704 (Periodic tenancy; holdover remedies)
• Ark. Code Ann. §§ 18-17-501, 18-17-502 (Tenant remedies; implied residential quality standards for landlords with six or more units, effective for leases entered or renewed after November 1, 2021)
• Ark. Code Ann. § 18-17-806 (Retaliatory conduct prohibited; RLTA tenancies)
• Ark. Code Ann. §§ 18-16-303 to 18-16-306 (Security deposits; 60-day return; double damages for wrongful withholding; landlords with six or more units)
• 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)
• State v. Smith, Pulaski Cty. Cir. Ct. (holding § 18-16-101 unconstitutional; trial-court ruling)
• Persistent Unconstitutionality of the Failure to Vacate Statute, U. Ark. Little Rock L. Rev. (analyzing § 18-16-101 challenges)
• 50 U.S.C. § 3951 (Servicemembers Civil Relief Act — eviction protections)
• 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