Arkansas Eviction Process & Timeline: Steps, Notices, and How Long It Takes
Evictions · Updated Jun 24, 2026
· 4 min read
· Reviewed by the Observed.org Editorial Team
Arkansas is one of the most landlord-friendly states in the country, and it is the only state that still has a criminal path to remove a tenant alongside the usual civil one. For a civil eviction, a landlord typically must give a written 3-day notice to vacate before filing an unlawful detainer lawsuit in the county Circuit Court. The older criminal failure to vacate process (Ark. Code Ann. § 18-16-101) instead uses a 10-day notice for unpaid rent and is filed in District Court. Either way, no landlord can legally throw you out personally; only a court can order an eviction, and only a sheriff or other law-enforcement officer can physically remove a tenant and their belongings. The exact section numbers and deadlines below should be confirmed against the current Arkansas Code, because landlord-tenant rules change and some cities and counties add their own twists.
The two Arkansas eviction tracks
Most Arkansas landlords now use one of two routes, and it helps to know which one you are in:
Unlawful detainer (civil). Governed by Arkansas's unlawful detainer statute (commonly cited as Ark. Code Ann. § 18-60-301 and following). This is a civil lawsuit for possession, filed in Circuit Court, and it is the modern, mainstream way to evict.
Failure to vacate (criminal). Under Ark. Code Ann. § 18-16-101, a tenant who stays after a notice can be charged with a misdemeanor and fined for each day they remain. This unusual criminal track has been heavily criticized and challenged, but it is still on the books, so confirm how courts in your county currently handle it.
The Arkansas Residential Landlord-Tenant Act of 2007 (often cited around Ark. Code Ann. § 18-17-101) also sets out notice rules for lease violations and for ending month-to-month tenancies. Verify the current sections, because the figures can be updated.
Notice periods: nonpayment vs. lease violations
Arkansas notice requirements depend on why you are being evicted:
Nonpayment of rent (civil unlawful detainer): usually a written 3-day notice to vacate after rent is past due.
Nonpayment of rent (criminal failure to vacate): a 10-day written notice before charges can proceed.
Lease or rule violations: under the 2007 Act, landlords often must give roughly 14 days' written notice describing the problem, and in some cases a chance to fix it. Confirm the current cure period.
Ending a month-to-month tenancy (no fault): typically 30 days' written notice. A fixed-term lease usually just ends on its own date.
Notices should be in writing, clearly state what is wrong and the deadline, and be delivered the way the lease and statute require. A defective notice is one of the most common reasons an eviction gets delayed or dismissed.
Step by step: from notice to sheriff lockout
A typical civil unlawful detainer in Arkansas moves like this:
Step 1 - Written notice. The landlord serves the 3-day (or other applicable) notice to vacate.
Step 2 - Filing. If you do not leave or cure, the landlord files an unlawful detainer complaint in Circuit Court for the county where the property sits.
Step 3 - Notice of intent to take possession. You are served with the complaint and a notice of intention to issue a writ of possession. This is the critical moment: you generally have 5 days to file a written objection if you want to keep possession while the case is decided.
Step 4 - Response and possible bond. If you object in time, the court may hold a hearing on possession, and a bond can be required from either side. If you do not object within those 5 days, the court can order immediate possession to the landlord.
Step 5 - Hearing / judgment. The court decides who is entitled to possession and may also rule on back rent and damages.
Step 6 - Writ of possession. If the landlord wins, the court issues a writ of possession.
Step 7 - Sheriff lockout. The sheriff (or another officer) carries out the writ and removes the tenant. The landlord may not change the locks, shut off utilities, or remove your things on their own.
How long does an Arkansas eviction take?
There is no single answer, but a realistic range helps set expectations:
Notice period: 3 to 30 days depending on the reason.
After filing: if you never respond, possession can move quickly once the 5-day objection window passes.
Contested cases: if you object and there is a hearing, the process can stretch to several weeks or more, especially with a crowded docket.
Uncontested evictions often wrap up in a few weeks; contested ones run longer. Court delays, holidays, and how fast papers are served all affect the real timeline.
Your right to fight an Arkansas eviction
Tenants have real defenses, and showing up matters. You may be able to challenge an eviction by showing the rent was actually paid, the notice was wrong or never properly served, the landlord miscounted what you owe, the eviction is retaliatory or discriminatory, or that the criminal failure-to-vacate route is being misused. The single biggest mistake is ignoring the papers: if you do not file your written objection within the short window, you can lose by default. Because Arkansas is unusually tough on tenants and because the criminal track carries its own risks, it is often worth contacting a local legal aid office or an Arkansas tenant's attorney as soon as you get a notice, especially if you are being threatened with criminal charges. Treat everything here as general legal information, not legal advice, and confirm the current statutes and any local rules for your city or county before you act.
Frequently asked questions
What notice does an Arkansas landlord give before eviction for not paying rent?
For a civil unlawful detainer, the landlord typically gives a written 3-day notice to vacate. Under the separate criminal failure-to-vacate statute (Ark. Code Ann. 18-16-101), the notice period is 10 days. Confirm the current rule, since the two tracks differ.
What is the Arkansas eviction lawsuit called and which court hears it?
The main civil eviction is an unlawful detainer action, filed in the county Circuit Court. The older criminal failure-to-vacate case is filed in District Court. Most modern evictions use the civil unlawful detainer route.
Can an Arkansas landlord lock me out or remove my belongings themselves?
No. Only a court can order an eviction, and only a sheriff or other law-enforcement officer acting on a writ of possession can physically remove you. Self-help lockouts, utility shutoffs, or tossing your property are not the legal process.
How do I fight an eviction in Arkansas?
Respond fast. After you are served with the unlawful detainer complaint and notice of intent to issue a writ of possession, you generally have about 5 days to file a written objection. Miss it and you can lose by default. Possible defenses include improper notice, paid rent, miscalculated amounts, or retaliation.
How long does an eviction take in Arkansas?
An uncontested case can move quickly, sometimes within a few weeks after the notice period and the short objection window pass. Contested cases with a hearing can take several weeks or longer depending on the court's schedule.
Is it true Arkansas can charge a tenant criminally for not leaving?
Yes. Arkansas is the only state with a criminal failure-to-vacate statute, where a tenant who stays after notice can face a misdemeanor and daily fines. It is controversial and has been challenged, so check how your county currently applies it and consider talking to a lawyer.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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