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Eviction notice rules in Arkansas

Arkansas is the only state where failing to vacate after notice can be treated as a criminal matter. Take any notice extremely seriously and get local legal help immediately.

Nonpayment notice

TWO TRACKS (landlord's choice): (1) CIVIL unlawful detainer — 3-day written notice to quit for nonpayment (Ark. Code § 18-60-304(3)); (2) CRIMINAL failure-to-vacate — 10-day written notice to vacate, after which willful holdover is a MISDEMEANOR punishable by a $25/day fine, each day a separate offense (Ark. Code § 18-16-101). Arkansas is the only state that criminalizes failure to vacate for unpaid rent.

Lease-violation notice

Curable noncompliance with the lease: 14-day notice to cure or quit (Ark. Code § 18-17-701, Residential Landlord-Tenant Act).

Unconditional quit (no second chance)

Illegal activity on the premises: NO notice required — landlord may file immediately (Ark. Code § 18-17-901). No cure right for criminal/drug activity.

No-cause / end-of-tenancy notice

Month-to-month: 30 days' written notice; week-to-week: 7 days' written notice (Ark. Code § 18-17-704).

How the notice must be served

Unverified — needs attorney review (statutory service method for pre-suit notices not confirmed in this research).

Your right to fix it (cure)

14 days to cure remediable lease noncompliance; paying within the 3-day (civil) or 10-day (criminal) window avoids the filing. Once the criminal charge is filed, paying does not automatically stop it — unverified nuance, needs attorney review.

How days are counted

Unverified — needs attorney review (no verified rule found on weekend/holiday counting for AR notices).

After the notice expires

Landlord must file eviction lawsuit; tenant need not leave until court order

Court timeline

Civil: unlawful detainer filed in circuit court (§§ 18-60-301–312). Criminal: misdemeanor charge heard by a court of competent jurisdiction; a tenant pleading not guilty must deposit rent into the court registry while the case is pending (§ 18-16-101(c)). The criminal track can move very fast; the civil track takes weeks.

Retaliation & defenses

Arkansas has no general statutory anti-retaliation protection for residential tenants (<em>reported — confirm with a licensed attorney</em>). Federal Fair Housing Act discrimination defense applies. On the criminal track, fines do not themselves remove the tenant — only a court order does.

The one thing to remember: in Arkansas, as in every state, a notice is not an eviction. Your landlord must file a case, serve you properly, and win before a judge. Only a court order can remove you.

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