Arkansas Notice of Termination of Periodic Tenancy (No-Cause / End of Term)

NOTICE OF TERMINATION OF PERIODIC TENANCY — ARKANSAS

TABLE OF CONTENTS

1. Cover Page and Tenancy Type
2. Notice to Tenant of Termination
3. Effective Date and Surrender
4. Statutory Authority
5. Tenant Move-Out Obligations
6. Security Deposit and Final Accounting
7. Anti-Discrimination and Anti-Retaliation Statement
8. Consequences of Holdover
9. Reservation of Rights and Non-Waiver
10. Signature Block
11. Affidavit and Proof of Service
12. Arkansas Practice Notes
13. Sources and References

1. COVER PAGE AND TENANCY TYPE

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 OF TERMINATION

YOU ARE HEREBY NOTIFIED that the ☐ month-to-month ☐ week-to-week ☐ other tenancy under which you currently occupy the premises located at [PROPERTY ADDRESS] (the "Premises") is hereby TERMINATED as of [__/__/____] (the "Termination Date").

The Termination Date is at least:

• THIRTY (30) calendar days after the date this Notice is served on you (for month-to-month tenancy); OR
• SEVEN (7) calendar days after the date this Notice is served on you (for week-to-week tenancy); OR
• The end of the current rental period, whichever is later.

This is a NO-CAUSE termination of a periodic tenancy under Ark. Code Ann. § 18-17-704. The Landlord is not required to state a reason and does not state a reason. No allegation of breach is being made by this Notice.

3. EFFECTIVE DATE AND SURRENDER

On or before [__/__/____] (the "Termination Date"), you must:

1. Vacate the Premises and remove all persons, personal property, and trash;
2. Surrender possession to the Landlord;
3. Return all keys, garage-door openers, mail keys, access cards, and parking tags to the Landlord at the address below;
4. Provide a forwarding address in writing to the Landlord for the security-deposit accounting;
5. Permit a final walk-through inspection at a mutually agreeable time within seven (7) days before the Termination Date.

4. STATUTORY AUTHORITY

This Notice is given pursuant to Ark. Code Ann. § 18-17-704, which provides in relevant part:

"(b) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven (7) days before the termination date specified in the notice."

"(c) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days before the periodic rental date specified in the notice."

If the tenancy is a fixed-term lease, this Notice is also given as a non-renewal notice consistent with Ark. Code Ann. § 18-17-704(d) and the lease's notice-of-non-renewal provisions.

5. TENANT MOVE-OUT OBLIGATIONS

In addition to vacating and returning keys, you are obligated under Ark. Code Ann. § 18-17-602 and the lease to:

6. SECURITY DEPOSIT AND FINAL ACCOUNTING

If the Landlord owns six (6) or more rental units (and is therefore subject to Ark. Code Ann. §§ 18-16-303 to 18-16-306):

1. Within sixty (60) days after the Termination Date and your delivery of a forwarding address, the Landlord will deliver to you (a) a refund of any unused portion of the security deposit, and (b) an itemized statement of any deductions.
2. Failure of the Landlord to comply with the 60-day requirement may entitle you to recover up to twice the amount wrongfully withheld plus reasonable attorney's fees under § 18-16-306.

If the Landlord owns fewer than six (6) rental units, the statutory security-deposit return procedure does not apply by law, but the lease's contractual return terms continue to govern.

Forwarding address. Please provide a written forwarding address to: [LANDLORD/AGENT NAME, ADDRESS].

7. ANTI-DISCRIMINATION AND ANTI-RETALIATION STATEMENT

This Notice is given for lawful business reasons and is NOT based on:

• Race, color, national origin, religion, sex, familial status, or disability (federal Fair Housing Act, 42 U.S.C. § 3601 et seq.);
• Race, color, religion, ancestry, national origin, sex, or disability (Arkansas Civil Rights Act, Ark. Code Ann. § 16-123-103);
• Tenant's complaint to a governmental agency about a building or housing-code violation (Ark. Code Ann. § 18-17-806);
• Tenant's complaint to the Landlord about a violation;
• Tenant's joining or organizing a tenants' union;
• Tenant's testifying against the Landlord;
• Source of income, sexual orientation, gender identity, or any other category protected by [CITY] [COUNTY] local fair-housing ordinance, if applicable;
• Tenant's exercise of any right under the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) or the Violence Against Women Act (34 U.S.C. § 12491).

The Landlord affirmatively certifies that no protected characteristic, complaint, or protected activity is the reason for this termination.

8. CONSEQUENCES OF HOLDOVER

If you fail to vacate by the Termination Date, the Landlord intends to:

1. File a Complaint in Unlawful Detainer in the Circuit Court of [COUNTY] County under Ark. Code Ann. § 18-60-304(1) (holdover after termination of tenancy);
2. Seek a writ of possession under § 18-60-307; if you do not file a written objection AND post bond equal to all unpaid rent within five (5) days (excluding Sundays and holidays) of service, the Circuit Clerk will issue the writ without a hearing;
3. Recover holdover damages under Ark. Code Ann. § 18-17-704: if your holdover is willful and not in good faith, up to three (3) months' periodic rent or twice the actual damages, whichever is greater, plus reasonable attorney's fees;
4. Recover costs and attorney's fees under § 16-22-308 and the lease.

9. RESERVATION OF RIGHTS AND NON-WAIVER

The Landlord reserves all rights and remedies. No act or omission, including the giving of this Notice, the acceptance of rent through the Termination Date (which the Landlord is entitled to receive), or the granting of any extension, 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. Any payment of rent for a period after the Termination Date shall be deemed use-and-occupancy damages and shall not create a new tenancy.

10. SIGNATURE BLOCK

Dated: [__/__/____]

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

11. 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 of Termination of Periodic Tenancy 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).
☐ 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: [__/__/____]

12. ARKANSAS PRACTICE NOTES

**A. No statewide just-cause requirement. ** Arkansas allows landlords to terminate periodic tenancies without cause, subject only to the federal Fair Housing Act, Arkansas Civil Rights Act, the RLTA's anti-retaliation provision (§ 18-17-806), Servicemembers Civil Relief Act, and any applicable subsidized-housing rules.

**B. Local ordinances. ** Some Arkansas municipalities have adopted local fair-housing ordinances with broader protected classes (e.g., source of income, sexual orientation, gender identity). Confirm local ordinances in Pulaski County (Little Rock), Washington County (Fayetteville), Benton County (Bentonville/Rogers), and Sebastian County (Fort Smith) before serving.

**C. Subsidized housing. ** For HUD-assisted, Section 8 voucher (24 C.F.R. § 982.310), public-housing (24 C.F.R. § 966.4), LIHTC, USDA Rural Development, and similar tenancies, "good cause" termination is required. Use a separate template that complies with the program's HAP contract and federal regulations. This template is NOT sufficient for those tenancies.

**D. SCRA. ** For active-duty service members, federal law (50 U.S.C. § 3955) provides the right to terminate residential leases by tenant. SCRA does not, however, permit a landlord to terminate without cause where state law would otherwise require cause.

**E. Pulaski County and Washington County. ** Confirm any local administrative orders affecting eviction filings and notice procedures.

**F. Notice timing. ** The 30-day notice for month-to-month must align with the rental period. Conservative practice: serve no less than 30 days before the next rental due date (e.g., for a tenancy paid on the first of the month, serve before the first of the month preceding termination). The statute requires "at least thirty (30) days," so a longer notice is always safer.

**G. Holdover rent. ** Rent accepted for any period after the Termination Date should be characterized in a contemporaneous writing as "use and occupancy" rather than "rent" to avoid creating a new tenancy by acceptance.

**H. Sealing eviction records. ** Arkansas does not currently provide a comprehensive statutory mechanism to seal civil unlawful-detainer judgments. Pending legislation has been proposed; verify current law before representing to a tenant that a future filing can be sealed.

**I. Federal CDC moratoria. ** No CDC moratorium is currently in effect; verify before filing for compliance with any future federal or state emergency order.

13. SOURCES AND REFERENCES

• Ark. Code Ann. § 18-17-704 (Periodic tenancy; termination notice; holdover remedies)
• Ark. Code Ann. § 18-17-602 (Tenant duties)
• Ark. Code Ann. § 18-17-701 (Noncompliance; landlord remedies)
• Ark. Code Ann. § 18-17-806 (RLTA — retaliatory conduct prohibited)
• Ark. Code Ann. § 18-17-901 (Grounds for eviction)
• Ark. Code Ann. § 18-60-304 (Civil unlawful detainer; holdover 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. Code Ann. § 16-123-103 (Arkansas Civil Rights Act — fair housing)
• 42 U.S.C. § 3601 et seq. (Fair Housing Act)
• 24 C.F.R. Part 247 (HUD subsidized-housing terminations)
• 24 C.F.R. § 982.310 (Section 8 voucher terminations)
• 24 C.F.R. § 966.4 (Public housing leases)
• 34 U.S.C. § 12491 (VAWA housing protections)
• 50 U.S.C. § 3901 et seq. (Servicemembers Civil Relief Act)
• Propst v. McNeill, 326 Ark. 623, 932 S.W.2d 766 (1996)
• Ark. R. Civ. P. 4 (Service of process)
• 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