How Much Does It Cost to Evict a Commercial Tenant in Arkansas? Timelines & Legal Fees
Evicting a commercial tenant in Arkansas typically costs between $1,500 and $5,000, depending on the complexity of the case and attorney fees. Landlords must file an Unlawful Detainer lawsuit at the local Circuit Court, as self-help evictions are illegal. The state filing fee is around $165, and the process generally takes 30 to 90 days.
Understanding Commercial Evictions in Arkansas
Dealing with a commercial tenant who stops paying rent or violates their lease can severely impact your bottom line. In Arkansas, the legal process to remove a commercial tenant is known as an Unlawful Detainer. Unlike residential evictions, commercial leases are heavily governed by the contract you signed. However, Arkansas law strictly prohibits 'self-help' evictions. You cannot simply change the locks or shut off the utilities to force a tenant out. This principle was solidified in the landmark case Gorman v. Ratliff, 289 Ark. 332 (AR Supreme Court 1986), which made it clear that landlords must use the judicial process. Understanding the costs, timelines, and legal steps is crucial for property owners in Little Rock, Fayetteville, or anywhere else in the state.
Step-by-Step Process in Arkansas
Whether your property is in Jonesboro, Conway, or Bentonville, the commercial eviction process generally follows the same statutory steps outlined in Ark. Code Ann. § 18-60-304. Here is the step-by-step breakdown of how a landlord typically recovers possession of their commercial space.
Step 1: Serving the Notice to Quit
Before you can file a lawsuit, you must formally notify the tenant that they are in violation of the lease. Under Arkansas law, this is called a 'Notice to Quit.' For non-payment of rent, the standard is usually a 3-day notice, demanding that the tenant either pay the past due amount or vacate the premises. If the tenant is violating another lease term, a 10-day notice might be required. The notice must be delivered properly, often via certified mail or personal service, to ensure the court accepts it as valid evidence later.
Step 2: Filing the Unlawful Detainer Lawsuit
If the tenant remains on the property after the notice period expires, your lawyer will draft and file an Unlawful Detainer complaint. This paperwork must be filed in the Circuit Court of the county where the property is located. For example, if your retail space is in Little Rock, you would file at the Pulaski County Circuit Court, Little Rock. If the space is in Fayetteville, you file at the Washington County Circuit Court, Fayetteville. You will also need to submit a Form Civil Cover Sheet, Arkansas, Administrative Office of the Courts, Civil Cover Sheet to initiate the case.
Step 3: Serving the Summons and Awaiting an Answer
Once filed, the court issues a summons along with a statutory Notice of Intention to Issue Writ of Possession. A process server or a deputy from a local agency, such as the Pulaski County Sheriff's Office, Little Rock, must serve these documents on the tenant. Under Ark. Code Ann. § 18-60-307(b), the tenant has strictly 5 days (excluding Sundays and legal holidays) to file a written objection to the claim for possession. If the tenant fails to file a written objection within that 5-day window, the clerk of the court is required to immediately issue a Writ of Possession directing the sheriff to restore possession without a hearing or the need for a default judgment. If the tenant does file a written objection, the court will schedule a hearing.
Step 4: The Writ of Possession
If the judge rules in your favor at the hearing, they will issue a Writ of Possession. This is a court order directing the local Sheriff to physically remove the tenant from the property if they do not leave voluntarily. In commercial cases, the tenant is often ordered to pay back rent, damages, and sometimes your attorney fees.
Common Commercial Eviction Scenarios
Commercial leases are complex, and evictions can stem from a variety of breaches. Here are the most common scenarios landlords face in Arkansas.
Non-Payment of Rent
This is the most straightforward reason for an eviction. If a tenant's business is struggling and they default on rent, Ark. Code Ann. § 18-60-304 allows the landlord to begin the Unlawful Detainer process quickly. Documentation of the missed payments and the original lease agreement are the core pieces of evidence needed for court.
Holdover Tenants
A holdover tenant is someone who stays in the commercial space after their lease has officially expired. Even if they continue to pay rent, if you have not agreed to a lease extension, you can evict them. The law treats them as unlawfully detaining the property once the formal notice is given.
Breach of Use Clauses
Commercial leases often dictate exactly what type of business can operate in the space (the 'Use Clause'). If you rented a space for a quiet IT office, and the tenant turns it into a noisy fitness center, they are violating the lease. Evicting for lease violations other than rent often requires a detailed review of the contract and proof of the violation.
How Much Does it Cost in Arkansas?
The cost of a commercial eviction can vary widely based on whether the tenant fights the lawsuit. Below is a general breakdown of what landlords can expect to pay.
| Expense Type | Estimated Cost (USD) | Description |
|---|---|---|
| Court Filing Fees | $165 - $200 | Base fee to open a civil case in an Arkansas Circuit Court. |
| Service of Process | $50 - $100 | Fees paid to a private process server or the local Sheriff to deliver court documents. |
| Writ of Possession Fee | $50 - $75 | Fee paid to the Sheriff to execute the final eviction. |
| Attorney Fees | $1,500 - $5,000+ | Depends on whether it is a flat fee for an uncontested eviction or hourly billing for a trial. |
Recovering Attorney Fees
One of the biggest concerns for landlords is the cost of legal representation. In Arkansas, you can generally recover your attorney fees and court costs if your commercial lease contract contains a specific provision allowing it. Courts will enforce these clauses. Additionally, Ark. Code Ann. § 16-22-308 generally allows the prevailing party in a breach of contract claim to recover reasonable attorney fees. Having a well-drafted lease is your best defense. We highly recommend browsing our directory to find a local commercial real estate lawyer who can draft robust leases and handle your eviction smoothly.
How Long Does The Process Take?
If the tenant does not contest the eviction, the Unlawful Detainer process in Arkansas can be completed in as little as 30 to 45 days. However, if the commercial tenant hires a lawyer, files counterclaims (such as alleging the landlord breached maintenance duties), or requests a jury trial, the process can drag on for 3 to 6 months. A swift resolution often depends on moving quickly and ensuring all notices are perfectly legally compliant.
Frequently Asked Questions (FAQ)
Can I lock out a commercial tenant who hasn't paid rent?
No. Arkansas law strictly forbids self-help evictions. You must go through the formal Unlawful Detainer court process. Changing locks illegally can result in the tenant suing you for damages.
Do I have to accept partial rent payments during an eviction?
Generally, accepting a partial rent payment after issuing a Notice to Quit can void your eviction notice. If you wish to proceed with the eviction, it is usually best to refuse partial payments unless you have a written agreement stating otherwise.
What happens if the tenant files for bankruptcy?
If a commercial tenant files for bankruptcy, an automatic stay goes into effect, which temporarily halts all eviction proceedings. You will need to hire a lawyer to petition the federal bankruptcy court to lift the stay before you can proceed.
What do I do with the tenant's equipment left behind?
Commercial leases typically outline how abandoned property should be handled. In the absence of a clear clause, landlords must follow statutory procedures for storing and eventually disposing of or selling the abandoned property to recover lost rent.
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