Getting Evicted in Arkansas
I'm facing eviction — here's what Arkansas law says and what to do next.
Statute: Ark. Code § 18-60-305
Deadline: 3 days
Penalty: Tenant may seek injunctive relief and recover actual damages; landlord may face criminal penalties for forcible entry and detainer
What is getting evicted?
Your landlord cannot just throw you out. Federal and state laws require landlords to follow specific legal procedures before they can evict you. An eviction without proper notice and a court order is illegal — it's called a "self-help eviction" and you can sue for it.
Even if you owe rent, your landlord must give you written notice, file a case in court, and get a judge's order before you can be removed. You have the right to appear in court and defend yourself.
What to Do If Your Landlord Is Trying to Evict You
Step 1: Read the notice carefully. It should state the reason for eviction and how many days you have to respond or fix the problem ("cure period").
Step 2: If the notice says "pay rent or quit," you can stop the eviction by paying the full amount owed within the cure period.
Step 3: If you receive a court summons, SHOW UP. Many tenants lose eviction cases by default because they don't appear. You have the right to present your defense.
Step 4: Gather evidence: your lease, rent receipts, photos of the property condition, any communication with your landlord.
Step 5: Contact your local legal aid office. Many offer free representation in eviction cases. Call 211 or visit lawhelp.org to find help in your area.
How Arkansas differs from federal law
Arkansas is one of the most landlord-friendly states — it has a criminal eviction statute:
- Arkansas is the only state where tenants can face criminal charges for failure to vacate (Ark. Code § 18-16-101)
- For nonpayment of rent, landlords must give 10 days' notice (or 3 days under some lease terms)
- For month-to-month tenancies, 30 days' notice is required to terminate
- Self-help evictions are common in practice, though court proceedings are technically required
- Tenant protections are minimal — Arkansas does not have a comprehensive landlord-tenant statute like most states
Additional steps in Arkansas
Contact the Center for Arkansas Legal Services at (501) 376-3423 or arkansaslegalservices.org. Legal Aid of Arkansas: (870) 972-9224.
What you should NOT do
Don't ignore the notice. Eviction timelines are strict. Missing a deadline can mean losing your right to fight it.
Don't move out just because the landlord says to. Until there's a court order, you have every right to stay.
Don't withhold rent without legal justification. If you have habitability issues, follow your state's "repair and deduct" or rent escrow procedures instead.
Don't destroy property. Damaging the rental unit can result in additional legal liability and hurt your case.
Don't wait — the clock is ticking.
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Generate your illegal eviction response →This page is general legal information for Arkansas, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Arkansas.