Arkansas Notice to Vacate: 2026 Landlord Rules, 3-Day & 10-Day Tracks
Reviewed by DocDraft Legal Team · Arkansas · Last updated 2026-05-31
Arkansas gives landlords two parallel routes to remove a tenant. The criminal failure-to-vacate statute, Ark. Code Ann. 18-16-101, requires 10 days written notice to vacate and treats willful refusal as a misdemeanor. The civil unlawful detainer statute, Ark. Code Ann. 18-60-304, requires only a 3-day written notice to quit for nonpayment of rent before a complaint is filed. Periodic tenancies are ended under Ark. Code Ann. 18-17-704 on 30 days notice for a month-to-month or 7 days for a week-to-week. Civil unlawful detainer is filed in the Arkansas circuit court for the county where the property sits under Ark. Code Ann. 18-60-301 through 18-60-312, where the tenant has 5 days excluding Sundays and legal holidays to object before a writ of possession can issue.
How do I serve a notice to vacate in Arkansas, and how does it compare to other states?
Arkansas is distinctive because it offers two notice tracks for nonpayment. The criminal failure-to-vacate statute, Ark. Code Ann. 18-16-101, requires 10 days notice in writing. The civil unlawful detainer statute, Ark. Code Ann. 18-60-304, requires a written demand and a 3-day notice to quit. Both statutes require the notice or demand to be in writing; oral notice does not satisfy either. The statutes do not specify a single mandated delivery method for the pre-suit notice, so a written notice delivered in a way you can document is the safe approach. After a complaint is filed, the summons, complaint, and notice of intent to issue a writ of possession are served under the Arkansas Rules of Civil Procedure, and the hearing notice is given by certified mail under Ark. Code Ann. 18-60-307.
How many days notice does Arkansas require for nonpayment of rent?
It depends on which track you use. The civil unlawful detainer route requires a 3-day written notice to quit and demand for possession under Ark. Code Ann. 18-60-304(3). The criminal failure-to-vacate route requires a 10-day written notice to vacate under Ark. Code Ann. 18-16-101. These are two different statutes with two different day counts, not a discrepancy. For properties covered by the federal CARES Act, Legal Aid of Arkansas guidance states tenants must receive at least 30 days written notice before an eviction for nonpayment.
What notice is required to end a lease or a month-to-month tenancy in Arkansas?
A periodic tenancy is terminated under Ark. Code Ann. 18-17-704. A month-to-month tenancy may be ended on at least 30 days written notice before the termination date stated in the notice, and a week-to-week tenancy on at least 7 days written notice. Arkansas has no statewide just-cause requirement, so a landlord may decline to renew or end a periodic tenancy without stating a reason, subject to federal fair-housing law. After the termination date passes, a holdover tenant is pursued through the civil unlawful detainer process or the criminal failure-to-vacate process.
What happens after the notice period if the tenant does not vacate?
If you use the civil track, you file an unlawful detainer complaint in the Arkansas circuit court for the county where the property is located, under Ark. Code Ann. 18-60-301 through 18-60-312. After the summons, complaint, and notice are served, the tenant has 5 days, excluding Sundays and legal holidays, to file a written objection under Ark. Code Ann. 18-60-307. If no timely objection is filed, the clerk, on order of the court, issues a writ of possession directing the sheriff to deliver possession. If the tenant objects, the landlord obtains a hearing date and notifies the tenant by certified mail. If you use the criminal track under Ark. Code Ann. 18-16-101, willful refusal to vacate after the 10-day notice is a misdemeanor heard before a justice of the peace or other court of competent jurisdiction in the county.
Arkansas notice-to-vacate framework at a glance
Arkansas keeps two distinct landlord eviction pathways that operate side by side. The criminal failure-to-vacate statute, Ark. Code Ann. 18-16-101, makes a tenant who willfully refuses to vacate after a 10-day written notice guilty of a misdemeanor, with a fine for each day held over and each day treated as a separate offense; a tenant who pleads not guilty and stays must deposit rent into the court registry during the proceedings. The civil unlawful detainer statute, Ark. Code Ann. 18-60-304, requires a 3-day written notice to quit for nonpayment, and Ark. Code Ann. 18-60-307 sets a 5-day window, excluding Sundays and legal holidays, for the tenant to object after service before the clerk issues a writ of possession. Periodic tenancies end under Ark. Code Ann. 18-17-704 on 30 days notice for a month-to-month or 7 days for a week-to-week. Arkansas has no statewide just-cause requirement. Civil unlawful detainer is filed in the circuit court for the county where the property sits. The Arkansas General Assembly publishes the controlling statutes at arkleg.state.ar.us, and Legal Aid of Arkansas publishes a plain-language explanation of the unlawful detainer process at arlawhelp.org.
Landlord Resources
Arkansas General Assembly (Arkansas Code)
Official state portal for the Arkansas Code, including Title 18 on property, the unlawful detainer statutes, the failure-to-vacate statute, and the Residential Landlord-Tenant Act of 2007.
Legal Aid of Arkansas (ARLawHelp)
Plain-language guidance on the Arkansas unlawful detainer eviction process, including service of the complaint, the 5-day objection window, and the writ of possession.
Arkansas Justice (landlord complaint packet)
Practitioner resource hosting a sample landlord complaint in unlawful detainer used in the civil circuit court process. This is a practitioner packet, not a state-mandated form.
Relevant Laws
Ark. Code Ann. 18-16-101 (Criminal Failure to Vacate)
Criminal failure-to-vacate statute requiring 10 days written notice; willful refusal to vacate is a misdemeanor, fined per day with each day a separate offense, and a contesting tenant must deposit rent into the court registry.
Ark. Code Ann. 18-60-304 (Unlawful Detainer Defined)
Civil unlawful detainer statute; subdivision (3) requires a 3-day written notice to quit and demand for possession on nonpayment of rent, and subdivision (1) covers holding over after the term ends.
Ark. Code Ann. 18-60-307 (Unlawful Detainer Proceedings and Writ of Possession)
Sets the 5-day objection window, excluding Sundays and legal holidays, after service before the clerk issues a writ of possession, certified-mail hearing notice, and the security mechanics for a tenant retaining possession.
Ark. Code Ann. 18-17-704 (Periodic Tenancy Termination)
Part of the Residential Landlord-Tenant Act of 2007; allows termination of a month-to-month tenancy on 30 days written notice and a week-to-week tenancy on 7 days written notice, and addresses holdover remedies.
Ark. Code Ann. 18-60-301 through 18-60-312 (Unlawful Detainer)
The civil unlawful detainer subchapter governing the possession lawsuit filed in the circuit court for the county where the property is located.
Federal SCRA, 50 U.S.C. 3955 (Termination of Residential Leases)
Federal protection allowing a servicemember-lessee to terminate a residential lease on entry into military service or receipt of qualifying orders; Arkansas has no separate state servicemember termination statute.
Regional Variances
Arkansas civil unlawful detainer practice by county
Pulaski County (Little Rock)
Civil unlawful detainer complaints are filed in the Arkansas circuit court for Pulaski County, where the property sits. The statewide framework applies: the tenant has 5 days, excluding Sundays and legal holidays, to file a written objection after service under Ark. Code Ann. 18-60-307 before the clerk issues a writ of possession. Filing fees are set locally and are set locally, so confirm the current circuit-court fee with the Pulaski County clerk before filing.
Benton County
Unlawful detainer filings route to the circuit court for Benton County. The same 3-day notice to quit, 5-day objection window, and writ-of-possession sequence apply statewide. Because filing fees may vary by county and may vary by county, confirm the current amount with the Benton County circuit clerk.
Washington County
Unlawful detainer filings route to the circuit court for Washington County. The statewide statutes control the notice period and the objection window. As with other Arkansas counties, confirm the current circuit-court filing fee with the local clerk, since the fee is set locally.
Suggested Compliance Checklist
Choose the civil unlawful detainer or criminal failure-to-vacate track
Pre-notice days after startingDecide which Arkansas route fits your situation. The civil unlawful detainer route under Ark. Code Ann. 18-60-301 through 18-60-312 is a possession lawsuit with a 3-day notice to quit for nonpayment. The criminal failure-to-vacate route under Ark. Code Ann. 18-16-101 uses a 10-day notice and treats willful refusal as a misdemeanor. The notice period you must give depends on this choice.
Identify the cause and confirm the correct notice period
Pre-notice days after startingMap the situation to the right statute and day count. Nonpayment, civil route: 3-day notice to quit under Ark. Code Ann. 18-60-304(3). Nonpayment, criminal route: 10-day notice under Ark. Code Ann. 18-16-101. Holdover after a term ends: unlawful detainer under Ark. Code Ann. 18-60-304(1). Ending a periodic tenancy: 30 days for a month-to-month or 7 days for a week-to-week under Ark. Code Ann. 18-17-704.
Draft a written notice that matches the chosen statute
Pre-notice days after startingBoth tracks require the notice or demand to be in writing; oral notice does not satisfy Ark. Code Ann. 18-16-101 or 18-60-304. The notice must demand that the tenant vacate or quit and reflect the correct day count for the route you chose. Arkansas does not statutorily mandate a standardized pre-suit notice form, but the written lease may impose additional content requirements.
Serve the written notice and document delivery
Service days after startingDeliver the written notice or demand to the tenant. The statutes do not specify a single mandated delivery method for the pre-suit notice, so use a method you can document. Keep proof of delivery with a copy of the notice for the court file.
Wait the full notice period before filing
Notice period days after startingDo not file before the applicable period expires: 3 days for a civil nonpayment notice to quit under Ark. Code Ann. 18-60-304(3), 10 days for a criminal failure-to-vacate notice under Ark. Code Ann. 18-16-101, or 30 days, or 7 days for week-to-week, for a periodic-tenancy termination under Ark. Code Ann. 18-17-704.
File the unlawful detainer complaint in circuit court
Post-notice days after startingFor the civil route, file the unlawful detainer complaint in the Arkansas circuit court for the county where the property is located, under Ark. Code Ann. 18-60-301 through 18-60-312. The tenant is served with the complaint, an affidavit, a summons, and a notice of intent to issue a writ of possession. Filing fees may vary by county and may vary by county, so confirm the current fee with the circuit clerk.
Track the 5-day objection window and appear if the tenant objects
Hearing days after startingUnder Ark. Code Ann. 18-60-307, the tenant has 5 days, excluding Sundays and legal holidays, after service to file a written objection. If the tenant objects, obtain a hearing date and give notice of the date, time, and place by certified mail. A contesting tenant who stays may be required to provide adequate security set by the court; confirm the current 18-60-307 bond text, which has been amended.
Obtain and execute the writ of possession
Post-judgment days after startingIf the tenant files no timely objection, the clerk, on order of the court, issues a writ of possession directing the sheriff to deliver possession. If the case proceeds to a hearing and you prevail, the court orders issuance of the writ. The sheriff executes the writ to restore possession of the property.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Choose the civil unlawful detainer or criminal failure-to-vacate track | Decide which Arkansas route fits your situation. The civil unlawful detainer route under Ark. Code Ann. 18-60-301 through 18-60-312 is a possession lawsuit with a 3-day notice to quit for nonpayment. The criminal failure-to-vacate route under Ark. Code Ann. 18-16-101 uses a 10-day notice and treats willful refusal as a misdemeanor. The notice period you must give depends on this choice. | - | Pre-notice |
| Identify the cause and confirm the correct notice period | Map the situation to the right statute and day count. Nonpayment, civil route: 3-day notice to quit under Ark. Code Ann. 18-60-304(3). Nonpayment, criminal route: 10-day notice under Ark. Code Ann. 18-16-101. Holdover after a term ends: unlawful detainer under Ark. Code Ann. 18-60-304(1). Ending a periodic tenancy: 30 days for a month-to-month or 7 days for a week-to-week under Ark. Code Ann. 18-17-704. | - | Pre-notice |
| Draft a written notice that matches the chosen statute | Both tracks require the notice or demand to be in writing; oral notice does not satisfy Ark. Code Ann. 18-16-101 or 18-60-304. The notice must demand that the tenant vacate or quit and reflect the correct day count for the route you chose. Arkansas does not statutorily mandate a standardized pre-suit notice form, but the written lease may impose additional content requirements. | notice-to-vacate | Pre-notice |
| Serve the written notice and document delivery | Deliver the written notice or demand to the tenant. The statutes do not specify a single mandated delivery method for the pre-suit notice, so use a method you can document. Keep proof of delivery with a copy of the notice for the court file. | - | Service |
| Wait the full notice period before filing | Do not file before the applicable period expires: 3 days for a civil nonpayment notice to quit under Ark. Code Ann. 18-60-304(3), 10 days for a criminal failure-to-vacate notice under Ark. Code Ann. 18-16-101, or 30 days, or 7 days for week-to-week, for a periodic-tenancy termination under Ark. Code Ann. 18-17-704. | - | Notice period |
| File the unlawful detainer complaint in circuit court | For the civil route, file the unlawful detainer complaint in the Arkansas circuit court for the county where the property is located, under Ark. Code Ann. 18-60-301 through 18-60-312. The tenant is served with the complaint, an affidavit, a summons, and a notice of intent to issue a writ of possession. Filing fees may vary by county and may vary by county, so confirm the current fee with the circuit clerk. | - | Post-notice |
| Track the 5-day objection window and appear if the tenant objects | Under Ark. Code Ann. 18-60-307, the tenant has 5 days, excluding Sundays and legal holidays, after service to file a written objection. If the tenant objects, obtain a hearing date and give notice of the date, time, and place by certified mail. A contesting tenant who stays may be required to provide adequate security set by the court; confirm the current 18-60-307 bond text, which has been amended. | - | Hearing |
| Obtain and execute the writ of possession | If the tenant files no timely objection, the clerk, on order of the court, issues a writ of possession directing the sheriff to deliver possession. If the case proceeds to a hearing and you prevail, the court orders issuance of the writ. The sheriff executes the writ to restore possession of the property. | - | Post-judgment |
Frequently Asked Questions
Arkansas is the only state with a criminal nonpayment-of-rent eviction statute. The criminal failure-to-vacate route, Ark. Code Ann. 18-16-101, requires a 10-day written notice to vacate; if the tenant willfully refuses, the tenant is guilty of a misdemeanor, fined per day, with each day held over counted as a separate offense, and is heard before a justice of the peace or other court of competent jurisdiction. The civil unlawful detainer route, Ark. Code Ann. 18-60-301 through 18-60-312, is a possession lawsuit filed in circuit court, with a 3-day notice to quit for nonpayment under Ark. Code Ann. 18-60-304(3). The two tracks are separate statutes with separate procedures and separate notice periods.
Both exist, for different routes. The civil unlawful detainer route uses a 3-day written notice to quit for nonpayment under Ark. Code Ann. 18-60-304(3). The criminal failure-to-vacate route uses a 10-day written notice to vacate under Ark. Code Ann. 18-16-101. A landlord chooses which route to pursue. Ending a periodic tenancy is different again: Ark. Code Ann. 18-17-704 requires 30 days written notice for a month-to-month or 7 days for a week-to-week.
Arkansas tenants in military service rely on the federal Servicemembers Civil Relief Act. Under 50 U.S.C. 3955, a servicemember-lessee may terminate a residential lease upon entry into military service or upon receiving qualifying military orders, such as a permanent change of station or a deployment of 90 days or more. The SCRA also provides eviction protections, including the possibility of a court stay, for servicemembers below a rent threshold under 50 U.S.C. 3951. Arkansas has no separate state servicemember lease-termination statute; the federal SCRA applies. A landlord who receives an SCRA notice or learns a tenant is on active duty should verify the orders before proceeding.
Both Arkansas tracks require the notice or demand to be in writing. Ark. Code Ann. 18-16-101 requires 10 days notice in writing, and Ark. Code Ann. 18-60-304 requires a demand made in writing. Oral notice does not satisfy either statute. Using the wrong day count for the route you have chosen, or relying on an oral notice, can undermine the case. If the written lease imposes additional content requirements, those apply on top of the statute. The safest practice is to match the written notice to the specific statute and day count for the route you are using and to keep proof that the notice was delivered.
Yes, in both tracks a contesting tenant who remains in possession may have to put money toward the rent. Under the criminal failure-to-vacate path, a tenant who pleads not guilty and stays must deposit a sum equal to the rent due into the court registry, with rent continuing to be paid into the registry during the proceedings; a tenant who is found guilty and has not made those payments is guilty of a Class B misdemeanor. In the civil unlawful detainer path, Ark. Code Ann. 18-60-307 indicates the court may, on motion and good cause, allow the tenant to retain possession only on providing adequate security set by the court, not less than the delinquent rent plus rent to accrue. The bond and security mechanics under 18-60-307 have been amended, so because this statute has been amended over time, landlords should review the current text of Ark. Code Ann. 18-60-307 before relying on it.
Arkansas tenant retaliation protection is limited. Arkansas law does not include a general statutory landlord anti-retaliation provision, and Arkansas is commonly described as offering little statutory retaliation protection compared with many other states., a landlord should confirm the position in the Residential Landlord-Tenant Act of 2007 and the rest of the code, and should remain within federal fair-housing law in all events.
No. Arkansas does not impose a statewide just-cause eviction requirement. A landlord may decline to renew or may end a periodic tenancy on 30 days written notice for a month-to-month or 7 days for a week-to-week under Ark. Code Ann. 18-17-704, without stating a reason. This is subject to federal fair-housing law. Arkansas also has no parallel to the no-fault notice categories some states impose for sale, owner move-in, or demolition; a month-to-month tenancy is ended under the general 30-day rule regardless of the reason.
Arkansas does not have a statute that automatically seals eviction records. Eviction filings are generally public court records in Arkansas. A landlord reviewing an applicant's rental history may encounter public court records, subject to applicable fair-housing and tenant-screening rules.
Other Arkansas guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.