Arkansas Eviction: Civil Unlawful Detainer and Criminal Failure to Vacate

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.

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.