Housing & Tenant · Eviction Notice
Eviction Notice in Arkansas
How many days of written notice a landlord must give before filing an eviction in Arkansas, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in Arkansas
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in Arkansas | What it means |
|---|---|---|
| Nonpayment of rent (civil track) | Can fix and stay5 days | On the civil unlawful detainer track, if rent is unpaid within five days from the date it was due, the landlord may terminate (Ark. Code 18-17-701(b)). The five days are measured from the due date, not from a later notice. |
| Curable lease violation | Can fix and stay14 days | For a material noncompliance with the lease, the notice sets a termination date not less than fourteen days after the tenant receives it, giving that time to fix the problem (Ark. Code 18-17-701). |
| Failure to vacate (criminal track) | 10 days | Arkansas has a separate criminal route where a 10-day written notice can make a willful refusal to leave a misdemeanor, with a fine that accrues per day (Ark. Code 18-16-101). This track has been litigated and amended, so confirm the current text before relying on it. |
| No-cause end of a month-to-month tenancy | 30 days | A no-cause termination of a month-to-month tenancy takes a 30-day notice (Ark. Code 18-17-704). A week-to-week tenancy takes 7 days. |
| After the notice | Court | Arkansas runs two parallel routes. The civil unlawful detainer route follows the notice periods in Ark. Code 18-17-701 and 18-17-704. The criminal failure-to-vacate route under Ark. Code 18-16-101 runs on a 10-day written notice and treats a willful refusal to leave as a misdemeanor. Only a court can order a tenant removed on the civil track. |
| Statute | Ark. Code Ann. §18-17-701; §18-16-101; §18-17-704 | The controlling statute for these notice periods. Read the full text through the source link below. |
The criminal failure-to-vacate statute has been the subject of repeated litigation and legislative change. Confirm the current official text of Ark. Code 18-16-101 before relying on the criminal route.
What you can do right now
Concrete, neutral steps if you have received an eviction notice in Arkansas. This is legal information, not legal advice.
- Work out which route the landlord is using
Arkansas has a civil eviction and a separate criminal failure-to-vacate route. A 5-day nonpayment or a 14-day lease-violation notice is the civil track. A 10-day notice that mentions a misdemeanor is the criminal track. Knowing which one applies decides your next move.
- Pay or fix it within the civil period
On the civil track, paying the unpaid rent or fixing a lease violation within the stated period can keep the tenancy. Get written confirmation that the tenancy continues, and keep proof of what you paid and when.
- Take the criminal notice seriously
The failure-to-vacate route can lead to a misdemeanor charge with a fine that adds up per day. If you receive a 10-day criminal notice, get legal advice quickly rather than waiting, because the exposure is different from an ordinary eviction.
- Get local legal help
A local Arkansas legal aid office can tell you which route you are facing and what the current law says, which matters here because the criminal statute has changed over time. Search for legal aid in your area and act early.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What Arkansas renters get wrong
Arkansas is the outlier state where refusing to leave can be charged as a crime, not only sued over. Most evictions run on the civil unlawful detainer track: for unpaid rent the landlord can terminate once rent is five days past due, measured from the due date rather than from a later notice (Ark. Code 18-17-701(b)), and a curable lease violation carries fourteen days to fix it. Running alongside that is a separate criminal route. Under Ark. Code 18-16-101, a 10-day written notice can turn a willful refusal to leave into a misdemeanor, and the fine, though small in dollars, accrues per day. That single feature separates Arkansas from the other 49 states. Ending a month-to-month tenancy for no reason is separate again and takes a 30-day notice under Ark. Code 18-17-704. Because the criminal statute has been litigated and amended over the years, the exact current wording of that section should be confirmed against the official code before anyone relies on it, which is why this page is marked as cited rather than fully confirmed.
Common questions
Can I really be charged with a crime for not moving out in Arkansas?
Arkansas is unusual in having a criminal failure-to-vacate route under Ark. Code 18-16-101, where a 10-day written notice can make a willful refusal to leave a misdemeanor with a per-day fine. It runs alongside the ordinary civil eviction. Because that statute has changed over time, confirm the current text before relying on it.
Which notice applies to me, the 5-day one or the 10-day one?
The 5-day period is the civil nonpayment track under Ark. Code 18-17-701, measured from when the rent was due. The 10-day notice is the separate criminal failure-to-vacate route under Ark. Code 18-16-101. A lease violation instead carries fourteen days on the civil track.
Does an Arkansas landlord have to give me time to fix a lease violation?
On the civil track, a material lease violation carries a notice with a termination date not less than fourteen days out, which is the time to fix the problem (Ark. Code 18-17-701). Unpaid rent is treated differently, with the landlord able to terminate once rent is five days past due.
How much is the daily fine under the Arkansas failure-to-vacate law?
The fine under Ark. Code 18-16-101 is small in dollars but accrues for each day the tenant willfully holds over, so it adds up over time. Because this criminal statute has been litigated and amended, the exact current figure should be checked against the official code before relying on it.
What is the no-cause notice to end a month-to-month tenancy in Arkansas?
A 30-day written notice under Ark. Code 18-17-704 ends a month-to-month tenancy for no cause. A week-to-week tenancy takes 7 days. These sit on the civil side, separate from both the 5-day nonpayment rule and the criminal failure-to-vacate route.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.