The Arkansas Unlawful Detainer Process: Civil Eviction Timelines, Costs, and Steps
In Arkansas, civil eviction is formally known as "Unlawful Detainer." Under Ark. Code Ann. § 18-60-304, landlords must serve a 3-day notice for non-payment of rent before filing a lawsuit. Tenants then have exactly 5 days to file a legal answer and post rent into the court registry.
Evicting a tenant in Arkansas requires strictly following state law. You cannot simply change the locks, turn off the utilities, or physically remove a tenant's belongings. These "self-help" evictions are highly illegal and can expose a landlord to severe financial penalties. Instead, property owners in cities like Little Rock, Fayetteville, and Jonesboro must navigate the civil Unlawful Detainer process. Because missing a single statutory deadline can force you to restart the entire process, we highly recommend browsing our directory of US Lawyers to find an experienced Arkansas real estate attorney to handle your eviction.
Step-by-Step Process in Arkansas
The Unlawful Detainer process in Arkansas moves very quickly compared to other states, but it requires precise paperwork filed in the local Circuit Court.
Step 1: Serving the 3-Day Notice for Non-Payment
If a tenant fails to pay rent on time, the landlord must first issue a formal written 3-Day Notice to Quit. This notice legally informs the tenant that they have three days to pay the past-due rent or vacate the property. The three days do not include weekends or legal holidays. If the eviction is for lease violations (other than non-payment), a 14-day notice is generally required.
Step 2: Filing the Lawsuit in Circuit Court
If the tenant does not leave or pay after the notice expires, the landlord's attorney will file a Complaint for Unlawful Detainer and a Notice of Intention to Issue Writ of Possession. These documents are filed at the local court, such as the Pulaski County Circuit Court Little Rock or the Washington County Circuit Court Fayetteville. The court will then issue a Summons, which must be legally served to the tenant by a process server or the county sheriff.
Step 3: Answering the Lawsuit Within 5 Days & Posting Bond
Once served, the tenant has a strictly enforced 5-day window to file a written Objection or Answer with the court. Crucially, under Arkansas law, if the tenant wishes to remain in the property while fighting the eviction, they must physically deposit the disputed past-due rent into the court's registry. If the tenant fails to file an answer or fails to post the required bond within 5 days, the landlord can immediately request a default judgment.
Step 4: Executing the Writ of Possession
If the judge rules in favor of the landlord (or if the tenant defaults), the court issues a Writ of Possession. The landlord takes this document to the local County Sheriff's Office. The sheriff will serve the writ on the tenant, giving them 24 hours to vacate. After 24 hours, law enforcement has the authority to physically remove the tenant and lock the premises.
How Much Does it Cost in Arkansas?
Evictions involve several hard costs. While landlords can sue the tenant to recover these costs, actually collecting the money from a delinquent tenant is often difficult.
- Court Filing Fee: Filing an Unlawful Detainer lawsuit in an Arkansas Circuit Court generally costs $165.
- Service of Process: Paying a sheriff or private process server to deliver the summons costs roughly $50 to $75.
- Writ of Possession Fee: The sheriff's office typically charges a fee to execute the lockout, which averages $50.
- Attorney Fees: Most Arkansas eviction attorneys charge flat fees for uncontested evictions, ranging from $400 to $800, not including court costs.
How Long Does the Process Take?
The Arkansas Unlawful Detainer process is designed to be swift. From the moment the 3-day notice is served to the moment the sheriff executes the lockout, a smooth, uncontested eviction usually takes about 3 to 5 weeks. However, if the tenant formally contests the lawsuit, deposits rent into the court registry, and demands a hearing, the process can easily be delayed by an additional 4 to 8 weeks depending on the local judge's schedule.
Frequently Asked Questions (FAQ)
Can I evict a tenant in Arkansas during the winter?
Yes. Arkansas law does not restrict evictions based on weather or the time of year. A landlord can proceed with a legal eviction in the middle of winter.
What happens if the tenant leaves personal property behind?
If property is left behind after the sheriff executes the Writ of Possession, Arkansas law generally considers the property abandoned. The landlord may dispose of it without liability, but it is best practice to document it first.
Can a tenant delay an Unlawful Detainer?
A tenant can only delay the eviction if they file a timely legal Answer and deposit the full amount of disputed rent into the court's registry within the initial 5-day window.
Where do I file an eviction for a commercial property?
Commercial evictions follow the same general Unlawful Detainer statutes and are also filed in the local Circuit Court corresponding to the county where the property is located.
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