NOTICE TO PAY RENT OR VACATE
(Arkansas)
[// GUIDANCE: Arkansas landlord-tenant law is primarily governed by Ark. Code Ann. §§ 18-17-101 et seq. and the common law. Arkansas is unique in that it has a "failure to vacate" criminal statute (Ark. Code Ann. § 18-16-101). For nonpayment of rent, the notice period depends on the payment terms: THREE (3) days if rent is payable in advance; otherwise, a reasonable notice (typically TEN (10) days) may be required. This template assumes rent payable in advance. Consult with Arkansas counsel to verify applicable requirements.]
NOTICE INFORMATION
Date of Notice: [DATE]
Tenant Name(s): [TENANT FULL LEGAL NAME(S)]
Rental Property Address:
[STREET ADDRESS]
[CITY], Arkansas [ZIP CODE]
[UNIT/APT NUMBER, if applicable]
NOTICE TO TENANT
TO THE ABOVE-NAMED TENANT(S) AND ALL OTHERS IN POSSESSION:
You are hereby notified that you are in default of your rental agreement for the above-referenced premises due to nonpayment of rent.
AMOUNT DUE
| Description | Amount |
|---|---|
| Past Due Rent for [MONTH(S)/YEAR] | $[AMOUNT] |
| Late Fee (if applicable per lease) | $[AMOUNT] |
| Prior Balance (if any) | $[AMOUNT] |
| Other Charges (itemize): [DESCRIPTION] | $[AMOUNT] |
| TOTAL AMOUNT DUE | $[TOTAL] |
DEMAND FOR PAYMENT OR POSSESSION
[// GUIDANCE: Select the appropriate notice period based on lease terms. If rent is payable in advance (most common), use three (3) days. Otherwise, consult local practice for the appropriate period.]
Pursuant to Arkansas law and the terms of your rental agreement, you are hereby required within [THREE (3) / TEN (10)] DAYS from the date of service of this notice to either:
-
PAY IN FULL the total amount of rent due as stated above; OR
-
VACATE AND SURRENDER possession of the above-described premises to the undersigned Landlord.
CONSEQUENCES OF NON-COMPLIANCE
If you fail to pay the full amount of rent owed or vacate the premises within the notice period, the Landlord will pursue legal remedies available under Arkansas law, including but not limited to:
- Filing an Unlawful Detainer action in the appropriate Arkansas District Court pursuant to Ark. Code Ann. §§ 18-60-301 et seq.;
- Seeking a judgment for possession of the premises;
- Seeking a money judgment for all unpaid rent, late fees, court costs, and damages as permitted by the lease agreement and applicable law;
- Any other remedies available at law or in equity.
IMPORTANT WARNING REGARDING CRIMINAL LIABILITY:
Arkansas law (Ark. Code Ann. § 18-16-101) provides that a tenant who fails to vacate after receiving written notice to do so and whose tenancy has expired or been terminated may be subject to criminal prosecution. This is not intended as a threat but as a disclosure of Arkansas law. Consult with an attorney regarding your rights.
PAYMENT INSTRUCTIONS
[// GUIDANCE: Specify acceptable payment methods and where payment should be delivered.]
Payment must be made by: [CHECK / MONEY ORDER / CASHIER'S CHECK / CERTIFIED FUNDS / OTHER ACCEPTED METHODS]
Payment must be delivered to:
[LANDLORD NAME OR PROPERTY MANAGEMENT COMPANY]
[ADDRESS]
[CITY], Arkansas [ZIP CODE]
[PHONE NUMBER]
IMPORTANT LEGAL NOTICES
-
Right to Cure: If you pay the full amount of rent due within the notice period specified above, this notice shall be void and your tenancy shall continue according to its terms, unless otherwise provided in your rental agreement.
-
Arkansas Unlawful Detainer Process: If you do not pay or vacate, the Landlord may file an Unlawful Detainer action. You will be served with a summons and complaint and have the right to appear and defend yourself in court.
-
Military Personnel: If you are a servicemember on active duty, you may have additional rights under the federal Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.). Consult with a legal assistance attorney or JAG officer.
-
Legal Assistance: If you cannot afford an attorney, contact the Center for Arkansas Legal Services at 1-800-950-5817 or Legal Aid of Arkansas at 1-800-967-9224.
RESERVATION OF RIGHTS
This notice is made without waiving any rights or remedies of the Landlord, all of which are expressly reserved. Acceptance of partial payment after this notice is served does not waive the Landlord's right to proceed with eviction unless the Landlord agrees in writing to waive the breach.
CERTIFICATION OF SERVICE
I, the undersigned, hereby certify that a copy of this Notice to Pay Rent or Vacate was served upon the above-named Tenant(s) on [DATE OF SERVICE] by the following method:
☐ Personal delivery to Tenant
☐ Delivery to a person of suitable age and discretion residing at the premises
☐ Posting on the premises in a conspicuous place AND mailing a copy via first-class mail
☐ Certified mail, return receipt requested
[// GUIDANCE: Arkansas law does not specify a particular method of service for pre-eviction notices. Personal service is preferred. Posting and mailing is acceptable if personal service cannot be accomplished. Check local court rules for the applicable district.]
LANDLORD/AGENT SIGNATURE
Landlord/Authorized Agent Name: [PRINT NAME]
Signature: ____________________________________
Date: [DATE]
Address:
[LANDLORD ADDRESS]
[CITY], Arkansas [ZIP CODE]
Telephone: [PHONE NUMBER]
Email: [EMAIL ADDRESS]
PROOF OF SERVICE
Server Name: [PRINT NAME OF PERSON WHO SERVED NOTICE]
Signature: ____________________________________
Date of Service: [DATE]
Time of Service: [TIME]
Method of Service: [DESCRIBE METHOD USED]
This notice is intended to comply with Arkansas landlord-tenant law. It does not constitute legal advice. Consult a licensed Arkansas attorney for guidance specific to your situation.