Arkansas Non-Payment of Rent Notice Overview
Arkansas uses one of the shortest non-payment notice periods in the country: just 3 days. Under A.C.A. §18-60-304, when a tenant fails to pay rent, the landlord must serve a written 3-day notice to vacate before filing an unlawful detainer action. Unlike many states, Arkansas law historically allowed criminal penalties for failure to pay rent, though this provision has been largely superseded by civil procedures.
Arkansas is notable for having a statutory 5-day grace period for rent (A.C.A. §18-17-701), which means landlords cannot charge late fees or begin eviction proceedings until 5 days after rent is due. However, once the grace period expires, the 3-day notice period is among the shortest in the nation. Eviction cases are filed in District Court and typically proceed quickly, with hearings often scheduled within 5-10 days of filing.
3 Days
Notice period
$115
Avg. filing fee
Yes
Right to cure
2-3 wks
Court process
Arkansas's 3-Day Notice Requirement
Under A.C.A. §18-60-304, when a tenant fails to pay rent when due, the landlord must deliver a written notice giving the tenant 3 days to either pay the full amount of rent owed or vacate the premises. The notice must clearly state the amount of rent due, the deadline for payment, and that the landlord will terminate the rental agreement if the tenant does not comply. The 3-day period is counted in calendar days, starting the day after service of the notice.
Arkansas has a unique criminal eviction statute. Under A.C.A. §18-60-304, failure to vacate after notice can be a misdemeanor, though this is rarely enforced criminally.
Arkansas Criminal Eviction Law
Arkansas has a unique provision under A.C.A. §18-60-304 that historically made failure to pay rent and vacate a criminal offense (Class C misdemeanor). While this criminal provision has been challenged and is rarely enforced in modern practice, it remains technically on the books. Most Arkansas evictions today proceed as civil unlawful detainer actions. The criminal dimension means tenants may face both civil and theoretical criminal liability, which makes legal counsel especially important for both parties.
Arkansas Legal Requirements (A.C.A. §18-60)
For the notice to be valid under Arkansas law, it must meet specific requirements established by statute and interpreted by Arkansas courts. A defective notice will result in dismissal of the eviction action, requiring the landlord to start the process over.
Required Notice Elements
- Written Format: The notice must be in writing. Verbal demands are not legally sufficient under Arkansas law
- Exact Rent Amount: State the precise dollar amount of rent owed, broken down by period if applicable
- 3-Day Cure Period: Clearly state the tenant has 3 days to pay the full amount or vacate
- Property Address: Include the full street address and unit number of the rental premises
- Tenant Names: List all tenants named on the lease who must be served with the notice
- Termination Warning: State that the rental agreement will terminate if rent is not paid within the notice period
- Landlord Information: Include the landlord's name, address, and contact information
Arkansas Grace Period & Late Fee Rules
5-day statutory grace period (A.C.A. §18-17-701). Understanding Arkansas's specific rules about when rent becomes late and what fees can be charged is essential for properly timing and drafting the non-payment notice.
Cannot exceed reasonable amount. Must be in lease. No statutory cap. Landlords should ensure all fee provisions are clearly documented in the lease agreement and comply with Arkansas law.
Arkansas Late Fee Quick Reference
Grace Period
5-day statutory grace period (A.
Late Fee Rule
Cannot exceed reasonable amount.
Partial Payment
Does not cure notice. Landlord may refuse partial payments.
Right to Cure
Yes. Tenant may pay full amount within 3 days.
How to Serve a Non-Payment Notice in Arkansas
Arkansas law specifies acceptable methods for delivering the 3-day notice. Improper service will invalidate the notice and require the landlord to start the process over, losing valuable time. Arkansas courts require proof of proper service before proceeding with eviction.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and preferred by Arkansas courts. Use a witness or process server to establish proof of service.
Substitute Service
If the tenant is not available, leave the notice with a person of suitable age and discretion residing at the premises. Document the name and relationship of the person who accepted it.
Post and Mail
Post the notice conspicuously on the main entrance of the unit and mail a copy via first-class mail. Both steps must be completed for valid service under this method.
Certified Mail
Send via certified mail with return receipt requested. Keep the return receipt as proof of delivery. The 3-day period begins when the tenant receives the mail.
File After Notice Expires
After the full 3 days have passed without payment, file an eviction complaint in Arkansas District Court. Include the original notice and proof of service with your filing.
Arkansas Non-Payment Eviction Timeline
The Arkansas eviction process for non-payment follows a structured timeline. Understanding this timeline helps landlords plan and set realistic expectations for regaining possession.
| Step | Timeframe |
|---|---|
| Rent due date passes + 5-day grace period expires | Day 6 |
| Serve 3-Day Notice to Vacate | Day 6 |
| Notice period expires | Day 9 |
| File unlawful detainer in District Court | Day 9-11 |
| Summons served on tenant | Day 11-15 |
| Court hearing (5-10 days after filing) | Day 14-21 |
| Writ of possession issued (if landlord wins) | Day 14-25 |
Total estimated time: 2-4 weeks from notice to possession. Arkansas is among the faster states for eviction processing due to the short 3-day notice period.
Arkansas Eviction Filing Fees & Costs
Filing fees for eviction actions in Arkansas vary by court. Below are typical costs landlords should expect.
| Fee / Cost | Typical Amount |
|---|---|
| District Court Filing Fee | $65 - $165 |
| Service of Process | $25 - $60 |
| Writ of Possession/Restitution | $35 - $75 |
| Attorney Fees (if hired) | $400 - $1,500 |
| Appeal (if needed) | $100 - $200 |
Sample Arkansas 3-Day Non-Payment Notice
Below is a preview of our Arkansas-specific non-payment notice. The final document includes all statutory language required under A.C.A. §18-60-304 and is formatted for Arkansas court proceedings.
THREE (3) DAY NOTICE TO VACATE FOR NON-PAYMENT
STATE OF ARKANSAS
Pursuant to A.C.A. §18-60-304
TO TENANT(S):
Name(s): [All Tenants on Lease]
Property: [Full Arkansas Property Address]
RENT DUE:
Total rent owed: $[Amount]for the period of [Month/Year].
ARKANSAS STATUTORY NOTICE:
You have THREE (3) DAYS from the date of delivery of this notice to pay the full amount of rent due or vacate the premises. The 5-day grace period under A.C.A. §18-17-701 has expired. If you fail to pay or vacate within 3 days, your tenancy will be terminated and the landlord will file an unlawful detainer action in Arkansas District Court to recover possession, unpaid rent, court costs, and damages as permitted by law.