Arkansas Statewide Rule

Arkansas Eviction: Civil Unlawful Detainer and Criminal Failure to Vacate

Heavy RestrictionsApplies statewide across Arkansas (2026)

Key Facts

Civil notice (nonpayment): 3 days to quit (Ark. Code 18-60-304)
Criminal notice: 10 days to vacate (Ark. Code 18-16-101)
Criminal classification: Misdemeanor; each day a separate offense
Pay-to-stay right: None in civil track
Typical civil timeline: About 30-45 days

Last verified: September 5, 2026

Summary

Arkansas offers two eviction tracks. The civil unlawful-detainer route (Ark. Code 18-60-304) requires 3 days' written notice to quit before suit, with no chance to pay and stay. The criminal failure-to-vacate route (Ark. Code 18-16-101) uses a 10-day notice and is uniquely a misdemeanor.

A person shall be guilty of an unlawful detainer within the meaning of this subchapter if the person shall, willfully and without right: (1) Hold over any land, tenement, or possession after the determination of the time for which it was demised or let to him or her, or the person under whom he or she claims; (2) Peaceably and lawfully obtain possession of any land, tenement, or possession and hold it willfully and unlawfully after demand made in writing for the delivery or surrender of possession of the land, tenement, or possession by the person having the right to possession or his or her agent or attorney; (3) Fail or refuse to pay the rent for the land, tenement, or possession when due, and after three (3) days' notice to quit and demand made in writing for the possession of the land, tenement, or possession by the person entitled to the land, tenement, or possession or his or her agent or attorney, shall refuse to quit possession;

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Full Breakdown

Civil eviction: under Ark. Code 18-60-304, a tenant who fails to pay rent and refuses to vacate 'after three (3) days' notice to quit and demand made in writing for the possession' commits unlawful detainer; the landlord then files suit with no obligation to allow a cure. The case typically resolves in roughly 30-45 days. Criminal eviction: Ark. Code 18-16-101 makes it a misdemeanor when, after 'ten (10) days' notice in writing,' a tenant 'willfully' refuses to vacate; conviction carries a fine, and 'each day' of holdover 'shall constitute a separate offense.' Arkansas is the only state to criminalize a holdover this way. A Pulaski County circuit court held the criminal statute unconstitutional in State v. Smith, but no Arkansas Supreme Court ruling has struck it, so it remains on the books.

Violations & Penalties

Under Ark. Code 18-16-101 a convicted holdover tenant faces a misdemeanor fine, with each day of willful holdover a separate offense. In civil unlawful detainer the tenant can be removed by the court and held liable for back rent and damages.

Frequently Asked Questions

How many days' notice is required to evict in Arkansas?

It depends on the route. The civil unlawful-detainer process requires 3 days' written notice to quit for nonpayment (Ark. Code 18-60-304). The separate criminal failure-to-vacate route requires 10 days' written notice (Ark. Code 18-16-101).

Can a tenant be charged with a crime for not leaving in Arkansas?

Yes, uniquely. Ark. Code 18-16-101 makes willful refusal to vacate after 10 days' written notice a misdemeanor, with each day of holdover a separate offense. The statute remains in force despite a circuit-court ruling against it.

Can an Arkansas tenant pay overdue rent to stop eviction?

Not in the civil track. Ark. Code 18-60-304 lets the landlord proceed after a 3-day notice without offering any chance to pay and stay.

Sources

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