Arkansas offers two eviction paths — civil and criminal. Most landlords use the civil unlawful detainer. Here's how it works.
Arkansas is unique among U.S. states in offering landlords two distinct eviction paths: a civil unlawful detainer action and a criminal failure-to-vacate proceeding. Most landlords use the civil unlawful detainer process, governed by Arkansas Code Title 18, Chapter 60. Arkansas is generally considered a landlord-friendly state, but the civil process can be slower than other Southern states because tenant answer periods are longer. Uncontested cases typically conclude within four to seven weeks of filing.
Civil unlawful detainer actions are filed in circuit court at the county level. Some counties also have specialized divisions that handle landlord-tenant matters more efficiently. The criminal failure-to-vacate procedure, if used, is filed in district court but is rarely the right choice for most landlord situations because it doesn't recover unpaid rent and can create due-process complications.
For non-payment of rent under the civil unlawful detainer process, Arkansas requires a 3-day written notice to vacate. The notice must inform the tenant that they have three days to vacate the premises or face eviction proceedings. Arkansas does not require a "pay or vacate" option in the civil notice — the tenant must leave or face suit. This makes Arkansas one of the few states where rent payment doesn't automatically stop the eviction process.
For lease violations other than non-payment, Arkansas requires a 14-day notice to cure or vacate. The tenant has 14 days to remedy the violation. For repeat violations of the same type within six months, no cure period is required.
For month-to-month tenancies without cause, Arkansas requires 30 days written notice. Deliver notices by personal service, posting on the property, or certified mail with return receipt. Document delivery thoroughly — the proof of notice is essential at the unlawful detainer hearing.
Once the notice period expires without compliance, file an unlawful detainer complaint in the circuit court of the county where the property is located. Filing fees in Arkansas typically range from $165 to $195 depending on the county and what's being sought. The court will issue a summons that must be served on the tenant.
The tenant has five days from service to file an answer. If the tenant fails to answer, the court enters a default writ of possession. If the tenant answers, the court schedules a hearing — usually within two to four weeks. Arkansas circuit court schedules can be slower than justice courts in faster states.
Arkansas circuit court hearings in unlawful detainer cases follow standard civil procedure. Bring your lease, notice, proof of service, rent ledger, and any documentation supporting the violation. The judge will hear both sides and issue a judgment. If you receive a judgment for possession, the writ of possession is issued promptly.
Tenants in Arkansas have limited appeal rights for unlawful detainer judgments, and appeals require posting bond covering rent and damages. Most non-paying tenants cannot post the bond, so appeals rarely delay execution.
Pulaski County, anchored by Little Rock, is Arkansas's most populous county and the state's primary rental market. Eviction filings go to the Pulaski County Circuit Court. With higher case volume, hearings can be scheduled out further than in smaller counties. Pulaski County's rental market includes both downtown Little Rock and the surrounding suburbs of Maumelle, Sherwood, and Jacksonville.
Benton County, in northwest Arkansas, has been one of the fastest-growing counties in the country, driven by Walmart's headquarters in Bentonville and the broader Northwest Arkansas economy. Benton County eviction filings go to the Benton County Circuit Court in Bentonville. Both counties follow standard Arkansas unlawful detainer procedure. For detailed landlord-tenant law specific to each county — including local court contacts, filing logistics, and procedural variations — see Pulaski County landlord-tenant law and Benton County landlord-tenant law.
Arkansas's unlawful detainer process is consistent statewide, but each county's circuit court has its own scheduling patterns and local practices. The notice requirement is unusual — pay close attention to whether you're using the civil or criminal procedure. View the complete Arkansas landlord-tenant law guide for notice rules, security deposit information, and county-by-county details across all 75 Arkansas counties.
Once the writ of possession is issued, the county sheriff executes the writ to remove the tenant. Execution typically occurs within five to ten days of issuance. Be present with a locksmith. Document the unit's condition with photographs immediately after the lockout.
Arkansas law requires reasonable handling of tenant property left behind. Provide notice to the tenant and a reasonable opportunity for retrieval before disposal. Keep an inventory and photographic record of everything left in the unit.