Arkansas 60-Day Notice Overview
Arkansas law provides a straightforward framework for tenancy termination. Under ACA 18-17-704, a landlord must give at least 30 days written notice to terminate a month-to-month tenancy. The notice must be given before the start of the next rental period. Arkansas does not have a statutory 60-day notice requirement, making a 60-day notice necessary only when the lease agreement includes such a clause or when federal housing program regulations apply.
Arkansas is one of the most landlord-friendly states in the country and has notably fewer tenant protections than most states. Arkansas is one of only two states (along with Wyoming) that does not have an implied warranty of habitability in its landlord-tenant law. The state also has a unique criminal eviction statute (ACA 18-16-101) that allows landlords to pursue criminal charges against tenants who fail to vacate after proper notice, though this remedy is increasingly disfavored. The Civil Rights Division has expressed concerns about this practice, and most landlords use the civil eviction process instead.
30 Days
Statutory default
$65-$200
Court filing fees
Written
Notice required
1-3 wks
Court process
When a 60-Day Notice Applies in Arkansas
Since Arkansas's statutory default for month-to-month termination is 30 days, understanding when a 60-day notice is actually required or advisable is essential for landlords.
Lease-Required 60-Day Notice
When an Arkansas lease includes a provision requiring 60 days notice before non-renewal or early termination, the contractual provision controls. This is common in leases drafted by property management companies in Little Rock, Fayetteville, Fort Smith, and other larger Arkansas markets.
Subsidized and Section 8 Housing
Federal Section 8 voucher holders in Arkansas, administered through the Arkansas Development Finance Authority (ADFA) and local PHAs, typically have lease provisions requiring 30-90 days notice. Arkansas also participates in USDA Rural Development housing programs, which have their own notice requirements.
Long-Term or Vulnerable Tenants
While Arkansas law does not require extra notice for long-term tenants, providing 60 days to elderly tenants, tenants with disabilities, or families with school-age children is considered a best practice that reduces legal risk and facilitates a smoother transition.
Arkansas Legal Requirements
Arkansas's landlord-tenant statutes establish specific requirements for termination notices that must be followed precisely.
Arkansas Criminal Eviction Statute
Arkansas has a unique criminal eviction provision under ACA 18-16-101, which makes it a misdemeanor for a tenant to remain after receiving notice to vacate. While this statute remains on the books, its use has been criticized by civil rights organizations and the ACLU of Arkansas. Most landlords and attorneys now recommend using the civil unlawful detainer process (ACA 18-60-301 through 18-60-312) instead. Some Arkansas judges have declined to enforce the criminal statute. Using the civil process provides clearer procedures and avoids constitutional challenges.
Notice Content Requirements
- Written Notice: ACA 18-17-704 requires written notice for terminating month-to-month tenancies. Verbal notice is not legally sufficient in Arkansas
- Tenant Names and Property Address: Include all tenants named on the lease and the complete property address with unit number
- Termination Date: State the specific date by which the tenant must vacate, at least 60 days from service
- No-Cause Statement: Arkansas does not require a reason for termination. The notice simply states the tenancy will end on the specified date
- Landlord Information: Include the landlord name, mailing address, and phone number for tenant communication
How to Serve a 60-Day Eviction Notice in Arkansas
Proper service is critical in Arkansas. If the landlord cannot prove the notice was properly delivered, the court will dismiss the eviction action.
Draft the Notice
Use an Arkansas-specific template referencing ACA 18-17-704. Include tenant names, property address, and the 60-day termination date
Personal Delivery
Hand-deliver the notice to the tenant. Arkansas courts prefer personal service. Have a witness present to document the delivery
Certified Mail
Alternatively, send via certified mail with return receipt requested. Keep the signed receipt as proof of delivery
Document Everything
Complete a proof of service form documenting date, time, method, and any witnesses. Photograph posted notices if using that method
File Unlawful Detainer
If the tenant remains after 60 days, file an unlawful detainer action under ACA 18-60-301 in the appropriate Arkansas circuit or district court
Arkansas Eviction Timeline
Arkansas unlawful detainer actions are filed in circuit or district court. After filing, the clerk issues a summons. The tenant typically must respond within 5 days. Arkansas eviction hearings are set quickly, often within 5-10 days of the tenant\'s response.
At the hearing, the landlord presents the notice, proof of service, and evidence the tenant remains. If the court rules for the landlord, a writ of possession is issued. The sheriff enforces the writ, typically within 3-7 days.
Total court process from filing to enforcement is approximately 1-3 weeks for uncontested cases. Contested cases may take 3-5 weeks. The total timeline from initial 60-day notice to physical removal is typically 9-13 weeks.
Arkansas Filing Fees & Costs
Eviction costs in Arkansas vary by county and court type. Below are typical expenses.
| Fee / Cost | Typical Amount |
|---|---|
| Circuit/District Court Filing | $65 - $200 |
| Service of Process (Sheriff) | $20 - $50 |
| Attorney Fees | $400 - $1,500 |
| Writ of Possession | $15 - $50 |
| Sheriff Enforcement | $25 - $100 |
Sample Arkansas 60-Day Notice
Below is a preview of our Arkansas-specific 60-day termination notice template.
60-DAY NOTICE OF TERMINATION
STATE OF ARKANSAS
Pursuant to ACA 18-17-704
LANDLORD / PROPERTY OWNER:
Name: [Full Legal Name]
Address: [Arkansas Mailing Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE OF TERMINATION:
You are hereby notified that your tenancy at the above premises will terminate on[Date — 60 days from service]. You must vacate and surrender possession by that date.
ARKANSAS COMPLIANCE NOTE
This notice is provided in accordance with Arkansas law. Your security deposit (if applicable) will be handled per the terms of your lease agreement, as Arkansas does not have a statutory security deposit return deadline.