Short answer: The Arkansas eviction process for unpaid rent starts with a three-day written notice to quit, and after the landlord files, you have five days (not counting Sundays and legal holidays) to file a written objection or the court can order a writ of possession without a hearing under Ark. Code § 18-60-307. If you object and stay in the home, you must deposit the rent into the court’s registry and keep paying it there.
Arkansas is unusual in that an eviction can end without anyone ever seeing a judge. The court papers include a “Notice of Intention to Issue Writ of Possession,” and silence is treated as consent. That makes the written objection, together with the rent deposit that must accompany it, the most important document in an Arkansas eviction. The sections below follow the unlawful detainer statutes in Title 18, Chapter 60, and the Arkansas Residential Landlord-Tenant Act in Title 18, Chapter 17.
Arkansas Eviction Process: Key Rules
| Rule | Arkansas | Source |
|---|---|---|
| Unpaid rent | Landlord may terminate once rent is 5 days late; 3-day written notice to quit and demand for possession | § 18-17-701(b); § 18-60-304 |
| Other lease violations | 14 days to remedy after written notice | § 18-17-701(a) |
| Ending an oral lease | One rental period’s notice; written lease follows its terms | Attorney General guide |
| Written objection deadline | 5 days after service, excluding Sundays and legal holidays | § 18-60-307(a)-(b) |
| Rent during the case | Deposit rent due into the court registry with the objection and keep paying | § 18-60-307(c) |
| No objection filed | Clerk issues the writ upon order of the court | § 18-60-307(b), Act 414 of 2023 |
| Keeping possession after a writ | Within 5 days of issuance, with security of at least delinquent and accruing rent | § 18-60-307(e) |
| Liquidated damages for residential holdover | One month’s rental value for each month or part of a month unlawfully detained | § 18-60-309 |
Arkansas’s official code is not posted on a free legislature-run site, so the links above point to the session laws that enacted or amended each section and to the Arkansas Judiciary’s 2022 civil benchbook, which summarizes the eviction statutes for judges.
The Notice Stage
Late rent: a short fuse
Under § 18-17-701(b), as enacted in the Residential Landlord-Tenant Act of 2007, a landlord may terminate the rental agreement if rent is not paid within five days of its due date. To bring an unlawful detainer case for nonpayment, the landlord must then give three days’ notice to quit and a written demand for possession, a rule summarized in the judiciary’s benchbook at § 18-60-304 and repeated in the Attorney General’s landlord and tenant guide. The Attorney General puts it plainly: failing to pay rent, or to pay on time, for any reason is grounds for eviction.
Nothing in these statutes gives you a right to stop the case by paying after the three days run. Any payment plan at that point depends on the landlord agreeing in writing.
Other breaches: 14 days
For lease violations other than rent, § 18-17-701(a) requires a written notice describing the breach and setting a termination date at least 14 days after you receive it. If the breach can be fixed by repairs or otherwise and you fix it before that date, the lease does not end. Section 18-17-702 adds a parallel 14-day notice for health-and-safety problems that are not emergencies.
Holdovers and no-fault endings
The unlawful detainer statute also covers a tenant who holds over after the lease term ends, or who stays after a written demand for possession, according to the benchbook’s summary of § 18-60-304. The Attorney General’s guide notes that a landlord can end a lease for any reason, with one rental period’s notice for an oral lease or as the written lease provides. Arkansas has no just-cause eviction law.
Filing: Complaint, Affidavit and the Notice of Intention
The landlord files a signed complaint describing the property and when you allegedly detained it, along with an affidavit that the landlord is entitled to possession, under § 18-60-307(a). The benchbook places these cases with the circuit court clerk in the county where the property sits, and the Arkansas Judiciary’s district courts page notes that circuit judges may refer forcible entry and unlawful detainer cases to state district court judges.
The sheriff or a process server then serves you with the summons, the complaint and the Notice of Intention to Issue Writ of Possession. That notice tells you, in the statute’s own words, that unless you file a written objection within five days, excluding Sundays and legal holidays, the landlord is entitled to a writ ordering the sheriff to remove you.
Your Written Objection and the Rent Deposit
To get a hearing, file a written objection with the clerk of the court that issued the papers within that five-day window. The Attorney General’s guide also advises sending a copy to the landlord’s lawyer. Under § 18-60-307(c)(2), if you remain in the home, you must deposit into the court registry, at the time you file the objection, a sum equal to the rent due, and then keep paying rent into the registry as your lease requires. Failing to pay without justification is grounds for the court to grant the writ.
If you miss the deadline, § 18-60-307(b), as amended by Act 414 of 2023, directs the clerk, upon order of the court, to issue the writ immediately.
Defenses to raise
- No proper notice or demand. A nonpayment case requires three days’ notice to quit and a written demand for possession. A lease-violation termination requires the 14-day notice and chance to cure in § 18-17-701(a).
- The rent was actually paid. Receipts, bank records and money order stubs are your strongest evidence against a nonpayment claim.
- Discrimination. Eviction based on race, color, religion, sex, familial status, national origin or disability violates the federal Fair Housing Act, 42 U.S.C. § 3604.
- Habitability, with limits. For leases entered into or renewed after November 1, 2021, § 18-17-502 implies minimum standards such as hot and cold running water, electricity and potable drinking water. But if the landlord does not fix a problem within 30 calendar days after your certified-mail notice and your rent is current, your sole remedy is to end the lease without penalty and get your deposit back. It is not a rent-withholding right.
- Retaliation is a weak spot. Neither the 2007 Act nor Act 1052 contains an anti-retaliation section, so Arkansas renters lack the statutory retaliation defense found in most states.
The Hearing and Judgment
If you object, the landlord schedules a hearing and sends you notice of the date by certified mail. At that hearing, the landlord must present a prima facie case, and you may present rebuttal evidence. If the court finds the landlord likely to succeed on the merits and the landlord posts adequate security, the court orders the writ issued under § 18-60-307(d). That ruling is not a final decision on everyone’s rights.
When a final judgment goes against you, the benchbook’s summary of § 18-60-309 says the court or jury assesses the rent due and, for residential property, liquidated damages equal to the monthly rental value for each month or part of a month you unlawfully held over. That can roughly double what you owe. A housing authority evicting over a drug conviction is entitled to an expedited hearing within 10 days of your objection.
The Writ of Possession and Your Property
The writ is directed to the county sheriff, who carries it out under § 18-60-310, as the benchbook notes. Section 18-60-307(e) gives you one more chance: within five days after the writ issues, the court may let you keep possession on motion and good cause shown, but only if you provide security of at least the delinquent rent plus rent that will accrue while you stay.
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Move your belongings before you leave. The Attorney General’s guide says state law treats property left in the dwelling after any termination of the lease as abandoned, so the landlord may dispose of it as the landlord sees fit, and property left behind is subject to a lien for what you owe.
Appeals to Circuit Court
A district court judgment can be appealed to circuit court for a new trial, called a trial de novo, according to the benchbook’s discussion of Arkansas District Court Rule 9. To stop enforcement while you appeal, you must present a supersedeas bond, with the sureties the court requires, for the court’s approval. Appeal deadlines are short and technical, so confirm yours with the clerk the day judgment is entered.
Lockouts and Utility Shutoffs
The Residential Landlord-Tenant Act of 2007 and Act 1052 contain no section that sets a penalty for a landlord who changes the locks or cuts utilities; they do bar tenants from changing locks without permission under § 18-17-602(b). Even so, the forcible entry and detainer statute, § 18-60-303, as summarized in the benchbook, covers anyone who breaks open doors or windows, uses threats to force a person in possession out, or puts that person’s goods out of doors. Conduct like that may give a displaced tenant grounds for a forcible entry and detainer case of their own. Legal aid can tell you whether that fits your facts.
Worked Example: Darnell in Jonesboro
Darnell rents a Jonesboro house for $875, due on the first. February rent is still unpaid on Monday, February 9, 2026, past the five-day mark in § 18-17-701(b), so his landlord serves a three-day notice to quit and written demand for possession. The three days run through Thursday, February 12.
The landlord files on Friday, February 13, and a process server delivers the summons and Notice of Intention on Tuesday, February 17. Counting five days and skipping Sunday, Darnell’s objection is due Monday, February 23. To stay while the case is pending, he must deposit $875 into the court registry with his objection, then March’s $875 when it comes due.
If he loses at a final hearing on Friday, March 20, he faces the rent owed plus liquidated damages for each month or part of a month he held over after February 12: two periods, or $1,750, at his rental value.
Arkansas Eviction Timeline
| Stage | Fastest | More typical |
|---|---|---|
| Rent late before termination | 5 days | 5 to 10 days |
| Notice to quit | 3 days | 3 days (14 for lease violations) |
| Service to objection deadline | 5 days, excluding Sundays and holidays | About 6 to 7 calendar days |
| No objection: writ | Immediately on court order | A few days |
| Objection: hearing | When the court can hear it | 1 to 4 weeks |
| Total | About 2 weeks | 3 to 6 weeks |
Statutory minimums drive the fastest column. The typical column is an estimate and varies with the court and the sheriff’s office.
Legal Help and Your Record
We found no statewide right to counsel or mandatory eviction mediation program in the statutes reviewed. Arkansas Legal Aid offers free help to eligible renters. An unlawful detainer filing can appear on tenant screening reports, so read how to seal an eviction record after your case is over.
Frequently Asked Questions
Do I get a court hearing in an Arkansas eviction automatically?
No. Under § 18-60-307, a hearing is scheduled only if you file a written objection within five days of service, excluding Sundays and legal holidays. Without it, the clerk issues the writ upon the court’s order.
How much do I have to pay into the court registry?
A sum equal to the rent due, paid when you file the objection, and then rent as it comes due under your lease, oral or written, for as long as the case lasts. Missing a payment without justification is grounds for the writ.
Can I withhold rent in Arkansas because of repairs?
No statute allows it. Section 18-17-502 lets you end the lease without penalty if the landlord ignores a written notice for 30 days while your rent is current, and that is your sole remedy.
Why might I owe more than the back rent?
For residential property, the judgment adds liquidated damages equal to the monthly rental value for each month or part of a month you unlawfully stayed, according to the benchbook’s summary of § 18-60-309.
If you have been served, count five days on a calendar, skipping Sundays and holidays, gather the rent you will need to deposit, and file your objection with the clerk; then contact Arkansas Legal Aid or use the LSC legal help finder. This guide is general information, not legal advice. For deposit rules after you move, see Arkansas security deposit law, and compare states on the eviction process by state hub or in how the eviction process works.
Sources
- Arkansas Act 1052 of 2021 (§ 18-17-502 habitability; § 18-60-307 proceedings)
- Arkansas Act 414 of 2023 (§ 18-60-307(b))
- Residential Landlord-Tenant Act of 2007, HB 2540 as amended (§§ 18-17-602, -701, -702)
- Arkansas Judiciary, Civil and Criminal Benchbook 2022 (§§ 18-60-303, -304, -309, -310; District Court Rule 9)
- Arkansas Attorney General, Landlord and Tenant Rights
- Arkansas Judiciary, District Courts
- 42 U.S.C. § 3604, Fair Housing Act
- Arkansas Legal Aid
- Legal Services Corporation, Get Legal Help