Arkansas Criminal Eviction Law Explained: Failure to Vacate Statute for Tenants and Landlords

Arkansas stands entirely alone in the United States regarding its landlord-tenant laws. Due to the highly controversial "Failure to Vacate" statute, simply falling behind on rent can be treated as a criminal offense, rather than a purely civil dispute. This law allows property owners in cities like Little Rock, Conway, and Springdale to bypass the civil court system entirely and use local law enforcement to remove delinquent tenants. Because this law is fraught with constitutional challenges and severe penalties, we strongly recommend browsing our directory of US Lawyers to consult an Arkansas attorney, whether you are a landlord deciding how to evict or a tenant facing criminal charges.

Step-by-Step Process of the Failure to Vacate Statute

The criminal eviction process operates very differently from a civil Unlawful Detainer lawsuit. It is handled by local prosecutors and the District Court rather than the civil Circuit Court.

Step 1: The 10-Day Notice

If a tenant is late on rent, the landlord must issue a formal written 10-Day Notice to Vacate. This notice specifically demands that the tenant leave the premises within exactly ten days. Unlike civil notices, this document does not legally have to give the tenant an option to simply "pay and stay"-it is a strict demand to surrender the property.

Step 2: Misdemeanor Charges and Police Citation

If the tenant remains in the property on the 11th day, they are technically committing a crime under Arkansas law. The landlord goes to the local prosecuting attorney or local law enforcement, such as the Little Rock Police Department Little Rock, to sign a criminal affidavit. A police officer will then visit the property and issue a criminal citation to the tenant, assigning them a court date.

Step 3: Daily Fines and Court Appearances

The tenant must appear in front of a judge in the local District Court, such as the Pulaski County District Court Little Rock, to enter a plea of guilty or not guilty to the misdemeanor charge. If found guilty, the tenant is ordered to vacate and is heavily fined for every day they remained in the property past the expiration of the 10-day notice.

Recent Constitutional Challenges

The Arkansas Failure to Vacate law is arguably the most fiercely debated housing law in the nation. Tenant advocates argue that it effectively criminalizes poverty and creates a "debtor's prison" scenario, which is unconstitutional. While the Arkansas Supreme Court previously upheld the law, multiple county judges in recent years have refused to enforce it, ruling it locally unconstitutional. Consequently, whether the police and prosecutors will actually enforce this statute depends entirely on which Arkansas county you live in. In many urban areas, prosecutors now refuse to issue these citations altogether.

When Landlords Should Use Civil vs. Criminal Eviction

Because of the massive legal uncertainty surrounding the criminal statute, most experienced Arkansas real estate attorneys advise landlords to avoid the Failure to Vacate process entirely. Instead, they recommend using the standard civil Unlawful Detainer process (Ark. Code Ann. § 18-60-304). Civil eviction is predictable, highly enforceable across every county, and results in a Sheriff's lockout rather than relying on an overwhelmed local prosecutor to press misdemeanor charges.

What to Do if You Are Cited by Local Law Enforcement

If you are a tenant and a police officer hands you a criminal citation for "Failure to Vacate," you must take it seriously. It is a criminal charge that will appear on background checks. You must plead "not guilty" at your arraignment and demand a hearing. Because this is a criminal charge, you have the right to a public defender if you cannot afford an attorney. An attorney can often argue that the law is unconstitutional or negotiate a deal for you to move out without having a misdemeanor conviction placed on your permanent record.

Costs and Fines

The financial penalties attached to this unique statute fall entirely on the tenant:

Timelines

The criminal eviction timeline begins with a mandatory 10-day waiting period. After the citation is issued, the court date in District Court usually happens within a few weeks. However, because this is a criminal procedure involving prosecutors, arraignments, and pleas, it can stretch much longer than a fast-tracked civil Unlawful Detainer lawsuit, sometimes taking months if the tenant pleads not guilty and demands a full trial.

Frequently Asked Questions (FAQ)