Arkansas Right to Cure: Can You Stop an Eviction by Paying the Rent You Owe?

Yes — in Arkansas, paying can stop an eviction, and there are several points in the process where the law, not your landlord's goodwill, decides that. Arkansas has a reputation as a landlord-friendly state, and it is true that it has no single "pay-and-stay" statute of the kind many states use. But the two statutes that actually run a residential eviction here give a tenant real, dated, money-based rights: a five-day window to pay before the landlord may even terminate for nonpayment, a fourteen-day right to fix most other lease breaches, a five-day deadline to object in writing once a case is filed, and a rent deposit into the court registry that keeps you in the unit while the case is pending. Missing those clocks — not your landlord's refusal — is what usually loses the home.

The two laws that control

Residential evictions in Arkansas run on two tracks that operate together. The Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code Ann. § 18-17-101 et seq., enacted by Act 1004 of 2007) sets out when a landlord may terminate your rental agreement and what notice you get first. The unlawful detainer statute (Ark. Code Ann. § 18-60-301 et seq.) is the court process the landlord must then use to actually remove you; its key section, § 18-60-307, was rewritten by Act 1052 of 2021 and amended again by Act 414 of 2023.

The Landlord-Tenant Act covers rental agreements for dwelling units statewide, with eight narrow exclusions listed in § 18-17-202 — among them transient hotel or motel stays, housing tied to your job, occupancy under a contract to purchase, agricultural leases, institutional residence, and emergency shelters. If you are an ordinary residential tenant, those exclusions almost certainly do not apply to you.

What stage can you pay at?

Within five days of the due date: the landlord cannot terminate

This is the statutory cure right most tenants never hear about. Ark. Code Ann. § 18-17-701(b) says that only "[i]f rent is unpaid when due and the tenant fails to pay rent within five (5) days from the date due" may the landlord terminate the rental agreement. Pay in full inside that five-day window and the landlord's right to terminate for that missed rent never arises. Your landlord's willingness to "accept" the money is irrelevant here; the statute, not the lease, sets the floor. A lease may give you a longer grace period, but it cannot shorten this one.

During the notice period: three days' written notice to vacate

Once the landlord may terminate, they still cannot simply put you out. To bring an unlawful detainer action, the landlord must first make a written demand for possession. The Arkansas Attorney General's Public Protection Division states the rule plainly: "Unlawful detainer actions require a landlord to provide you with a three days' written notice to vacate." Paying the full amount demanded during that window, and getting a dated receipt, removes the landlord's ground for possession. Read the notice itself — it should state what is owed and by when.

After the case is filed: you have five days to object in writing

This is the deadline that catches people, because it is not the ordinary answer deadline you might expect from a summons. When the landlord files, the clerk serves you with the summons and complaint plus a separate document titled "NOTICE OF INTENTION TO ISSUE WRIT OF POSSESSION." Under § 18-60-307(a)-(b), you have five (5) days, excluding Sundays and legal holidays, from the date you are served to file a written objection with the clerk of the court the case was filed in. Send a copy to the landlord's lawyer.

If you file nothing in those five days, a writ of possession issues and the sheriff removes you — there is no trial, and you never see a judge. (Under Act 414 of 2023 the clerk now issues that writ "upon order of the court," but the practical result is the same: no objection, no hearing, and the sheriff comes.) The Attorney General says the same thing: "If you do not file an objection, you can be removed from the dwelling by the county sheriff." If you do object, the court schedules a hearing.

While the case is pending: pay the rent into the court registry

Objecting is not enough by itself. Section 18-60-307(c)(2) requires a tenant who objects and stays in the unit to deposit the rent due into the registry of the court at the time of filing the written objection, and to keep paying rent into the registry as it comes due during the case. Under § 18-60-307(c)(3), failing to deposit that rent "without justification is grounds for the court to grant the writ of possession." Read that in reverse and it is the closest thing Arkansas has to pay-and-stay: money paid into the court — not your landlord's grace — is what preserves your possession while the case is fought. Ask the clerk exactly how to make the deposit when you file the objection; do not let a filing-window day pass because you are unsure of the mechanics.

Even after the writ issues: a five-day window to post security

Do not give up here. Ark. Code Ann. § 18-60-307(e), as amended in 2021, provides that if the tenant "desires to retain possession of the property, the court may upon motion and good cause shown allow the retention of the premises only if the defendant provides, within five (5) days of issuance of the writ of possession, adequate security as determined by the court, in any event not less than the amount of any delinquent rent and rent to accrue" while you remain. It is discretionary — you must file a motion and show good cause, and the judge can say no — but it exists, it is triggered by money, and it has a hard five-day clock. Note too that a writ issued in this summary procedure is not a final judgment: § 18-60-307(d)(1)(B)(ii) says such action by the court "shall [not] be final adjudication of the parties' rights." If you have or can borrow the delinquent rent plus the rent to accrue, move immediately — do not assume the case is over.

What you have to pay to cure

Expect to cover everything legitimately owed, which can include:

  • The unpaid rent for the full period claimed, plus rent that comes due while the case is pending.
  • Late fees, if your lease specifies them.
  • Court filing fees and costs, once a case has actually been filed.
  • Attorney's fees — even if your lease says nothing about them. Ark. Code Ann. § 18-17-701(c)(3) provides that if the tenant's "nonpayment of rent is not in good faith, the landlord is entitled to reasonable attorney's fees, provided the landlord is represented by an attorney." Section 18-17-701(c)(2) does the same for willful non-rent violations. The statute is the source of that exposure, so do not budget your cure amount off the lease alone.

Partial payment is still risky. Outside the statutory windows above, a landlord may accept part of what is owed and keep pursuing possession for the rest. Get any deal in writing, stating the exact amount and that it resolves the specific rent period or the case in full.

Lease violations that aren't about money: you get 14 days

For a non-rent breach — an unauthorized pet, an extra occupant, cleanliness, damage — Arkansas gives you a statutory cure right that is actually stronger than the one for rent, and it does not depend on any clause in your lease. Under § 18-17-701(a), the landlord must deliver written notice "specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice, if the breach is not remedied in fourteen (14) days." Fix it within those fourteen days and the termination does not take effect. Section 18-17-702 applies the same 14-day notice-and-repair structure to tenant noncompliance affecting health and safety, except that a genuine emergency must be fixed "as promptly as conditions require." So if you receive a 14-day notice, the single most valuable thing you can do is cure it, in writing, with proof, before day fourteen.

Practical steps to protect yourself

  • Pay in a traceable way. Cashier's check, money order, or documented electronic transfer — never cash without a receipt. Keep copies of everything.
  • Calendar the five-day objection deadline the day you are served, counting from service and excluding Sundays and legal holidays. It is not the same as the answer deadline on an ordinary summons.
  • File the written objection with the clerk and deposit the rent due into the court registry at the same time, then keep paying rent in as it comes due. Send the landlord's attorney a copy.
  • If a writ of possession has issued, act within five days — a motion under § 18-60-307(e), with security of at least the delinquent rent plus rent to accrue, can still let you keep the unit.
  • Get any agreement to dismiss in writing before you rely on it, and keep meeting court deadlines until you have it.
  • Contact Arkansas legal aid immediately if you have been served. The deadlines above are short, and free help can review your actual notice, lease, and county's procedures.

You can read the law yourself: Act 1004 of 2007 (the Residential Landlord-Tenant Act, including § 18-17-701), Act 1052 of 2021 and Act 414 of 2023 (the current text of § 18-60-307), and the Arkansas Attorney General's landlord-and-tenant page.

This article is general information about Arkansas law, not legal advice. Deadlines in an eviction are short and depend on the exact papers you were served with; consult an Arkansas attorney or a legal aid office about your own case.

This page is based on Arkansas state landlord–tenant law. Laws change — verify the current text directly against the official sources below. This is general legal information, not legal advice.

Local ordinances may apply. This page covers Arkansas state law. Your city or county may add protections — such as rent control, just-cause eviction, rental registration, or stricter housing codes — that change these rules. Check your local city or county ordinances.

Frequently asked questions

Can my Arkansas landlord refuse my rent payment and evict me anyway?

Not inside the statutory window. Under Ark. Code Ann. § 18-17-701(b), a landlord may terminate for nonpayment only if the rent is still unpaid five days after the due date — so paying in full within those five days defeats the termination regardless of the landlord's wishes. After that window the landlord is not obligated to take late money and drop the matter, but the case does not end there: once suit is filed, depositing the rent due into the registry of the court under § 18-60-307(c)(2) is what preserves your possession while the case is pending, and that does not require the landlord's consent either.

How late can I pay rent in Arkansas before eviction proceedings start?

Five days. Ark. Code Ann. § 18-17-701(b) allows the landlord to terminate the rental agreement only if rent is unpaid and you fail to pay within five days from the date it was due. Your lease may give you longer, but it cannot give you less. After termination the landlord must still serve a written demand to vacate before suing — the Arkansas Attorney General states that "[u]nlawful detainer actions require a landlord to provide you with a three days' written notice to vacate."

I was served with eviction papers. What is my deadline?

Five days, excluding Sundays and legal holidays, from the date you were served — and it runs from the "NOTICE OF INTENTION TO ISSUE WRIT OF POSSESSION" served with the summons, not from the ordinary answer date on the summons. You must file a WRITTEN OBJECTION with the clerk of the court where the case was filed (§ 18-60-307(a)-(b)). If you file nothing, a writ of possession issues and the county sheriff can remove you without any hearing. If you object and stay in the home, you must also deposit the rent due into the court's registry at the time you file, and keep paying rent in during the case.

Can I still keep my home after a writ of possession has been issued?

Possibly — do not give up. Ark. Code Ann. § 18-60-307(e) provides that the court "may upon motion and good cause shown" allow you to retain the premises if you provide adequate security within five days of the writ's issuance, in any event not less than the delinquent rent plus rent to accrue. It is discretionary and you must file a motion, but the writ issued in this summary procedure is expressly not a final adjudication of the parties' rights (§ 18-60-307(d)(1)(B)(ii)). If you can cover the arrears plus upcoming rent, act within that five-day window and get legal help immediately.

Does paying rent fix an eviction for a lease violation like unauthorized pets or damage?

No — money does not cure a behavior-based violation, but Arkansas gives you something better: a statutory right to fix it. Under § 18-17-701(a), for a non-rent breach the landlord must give written notice specifying the breach, and the rental agreement terminates no sooner than 14 days after you receive it "if the breach is not remedied in fourteen (14) days." Remedy the violation within those 14 days and the termination does not take effect. This right comes from the statute, not your lease, so it applies even if your lease contains no cure clause. Health-and-safety violations follow the same 14-day structure under § 18-17-702, except that a true emergency must be fixed as promptly as conditions require.

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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