Arkansas 3-Day Eviction Notice Overview
Arkansas is one of a handful of states that uses a 3-day notice period for evictions. The Arkansas unlawful detainer statute, codified at ACA 18-60-301 through 18-60-310, establishes the framework for evicting tenants in the state. Unlike most states, Arkansas never adopted the Uniform Residential Landlord and Tenant Act (URLTA), which means its eviction procedures are based on older common-law and statutory principles.
Under ACA 18-60-304, a landlord must provide the tenant with 3 days' written notice to vacate before filing an unlawful detainer action in District Court. This notice period applies to non-payment of rent, holdover tenancies, and material lease violations. Because Arkansas lacks the tenant protections found in URLTA states, the eviction process can move relatively quickly, but landlords must still follow proper notice and court procedures.
3 Days
Notice period
$65-$95
Filing fee
No URLTA
Non-URLTA state
2-5 Wks
Court process
Arkansas Unlawful Detainer Process
The Arkansas unlawful detainer statute provides the legal framework for evictions. Understanding this process is essential because Arkansas's approach differs significantly from URLTA-based states.
3-Day Notice to Vacate (ACA 18-60-304)
The landlord serves a written notice demanding that the tenant vacate within 3 days. This notice applies when the tenant has failed to pay rent, holds over after lease expiration, or has materially violated the lease terms. The 3-day period begins the day after service. Calendar days are counted, including weekends.
Filing the Unlawful Detainer Action
If the tenant does not vacate within 3 days, the landlord files an unlawful detainer complaint in the District Court of the county where the property is located. The complaint must describe the property, the lease terms, the breach, and the notice that was served. The court clerk issues a summons to the tenant.
Criminal Failure to Vacate (ACA 18-16-101)
Arkansas uniquely allows criminal prosecution for failure to vacate after a lawful eviction judgment. Under ACA 18-16-101, a tenant who refuses to leave after receiving a court order can be charged with a Class C misdemeanor. This provision has faced legal challenges but remains part of Arkansas law.
Arkansas Legal Requirements
A valid Arkansas 3-day notice must contain these elements to be enforceable in District Court.
Important: No URLTA in Arkansas
Because Arkansas did not adopt the URLTA, many tenant protections found in other states do not apply. There is no statutory warranty of habitability, no anti-retaliation statute, and limited security deposit protections. Landlords and tenants should be aware that Arkansas eviction law is more favorable to landlords than in most states.
- Written Notice: The notice must be in writing and clearly state that the tenant must vacate within 3 days
- Property Description: Include the property address and any unit or apartment number
- Reason for Eviction: Specify the grounds (non-payment, lease expiration, lease violation)
- Amount Owed: If for non-payment, state the exact amount of past-due rent
- Date of Notice: Include the date the notice is served to establish the start of the 3-day period
- Landlord Signature: Sign the notice or have an authorized agent sign it
How to Serve a 3-Day Notice in Arkansas
Arkansas law requires proper service of the 3-day notice before filing in District Court. The method of service must be documented carefully.
Personal Delivery
Hand the notice directly to the tenant. Use a witness or a process server. This is the strongest method and preferred by Arkansas courts
Posting on the Door
If the tenant is not present, post the notice on the front door of the rental unit in a conspicuous place. Many Arkansas landlords also mail a copy as backup documentation
Certified Mail
Send by certified mail with return receipt requested. Keep the receipt as evidence. Add additional days to account for mail delivery time
Wait 3 Full Days
Allow 3 complete calendar days to pass after service (the day of service does not count). If the tenant does not vacate, file the unlawful detainer complaint in District Court
Arkansas Eviction Timeline
Arkansas evictions move relatively quickly compared to many states. After the 3-day notice expires, the landlord files an unlawful detainer complaint in District Court. The tenant is served with a summons and typically has 5 days to respond. Most courts schedule hearings within 5 to 15 days of filing.
If the landlord prevails, the court issues a judgment for possession and a writ of possession. The sheriff serves the writ and gives the tenant 24 hours to vacate (or as directed by the court). If the tenant does not leave, the sheriff physically removes the tenant and their belongings.
The total timeline from 3-day notice to possession is typically 2 to 5 weeks for uncontested cases. Contested cases, especially those involving counterclaims for uninhabitable conditions, can take 4 to 8 weeks. Appeals from District Court go to Circuit Court and can add several weeks to the process.
Arkansas Court Fees & Costs
Arkansas eviction filing fees vary by county District Court. Below are typical costs.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $65 - $95 |
| Service of Process (Sheriff) | $25 - $50 |
| Writ of Possession | $40 - $75 |
| Attorney Fees (if hired) | $400 - $1,500 |
| Appeal to Circuit Court | $150 - $300 |
Sample Arkansas 3-Day Eviction Notice
Below is a preview of an Arkansas-compliant 3-day notice for unlawful detainer. This template meets the requirements of ACA 18-60-304.
3-DAY NOTICE TO VACATE
STATE OF ARKANSAS
Unlawful Detainer Notice - ACA 18-60-304
TO TENANT(S):
Name: [Tenant Full Name]
PREMISES:
Address: [Street, City, AR ZIP]
County: [Arkansas County]
GROUNDS FOR NOTICE:
Reason: [Non-payment / Lease Violation / Holdover]
Amount owed (if applicable): $[Amount]
ARKANSAS COMPLIANCE
This notice complies with Arkansas Code Annotated 18-60-304. You have 3 days from the date of service to vacate the premises or the landlord will file an unlawful detainer action in District Court.