Arkansas Eviction Law

Note: I am not a lawyer, and this does not constitute legal advice.

When does a landlord have a legal right to evict a tenant?

A landlord is not required to renew a lease, even if the tenant has been complying with it.  Thus, if the landlord can wait, he may effectively evict the tenant by giving him notice at least one rental period in advance that he is not intending to renew the lease.  This approach does not require a reason.

However, if the tenant is failing to pay their rent, or engaging in illegal activities, or violating major terms of the lease, the landlord may use these reasons as causes for a formal eviction.

How are evictions performed?

NOTE: The following refers only to evictions for failure to pay rent.  Other causes for eviction have slightly different requirements and notice periods.

First, the landlord must give the tenant three (3) days notice to pay rent or be evicted.  If the tenant pays the rent within that period of time, the landlord must call off the eviction.  However, if he fails to do so, the landlord may then proceed to file an "Unlawful detainer" lawsuit with the local court.

The court will serve papers on the tenant, notifying him of the eviction, and the tenant will have five (5) to object in writing.  If he does not object, the landlord wins and he will be evicted.  However, if he does object within 5 days, the court will hold a hearing to determine the outcome.

If the court decides in favor of the tenant, the eviction will be stopped and he will be permitted to remain on the premises.  If the landlord wins, the tenant will be ordered by the court to leave the premises, and if he fails to do so, he will be forcibly removed by the local sheriff.  

FAQ

How are landlords supposed to deal with tenant belongings left behind?

The landlord may hold all property left behind in trust for the amount that the tenant owes.  If the tenant does not redeem them by paying the back rent, the landlord may keep the property.

Can the landlord shut off utilities or lock a tenant out prior to the completion of the eviction process?

Landlords are not permitted to use self-help means to evict their tenants.  Therefore, any harassing of the tenant, including shutting off of utilities or locking the tenant out is illegal.  Only the courts may be used to evict.

Can a tenant be evicted for having a roommate?

Yes, if the court finds that it constituted a material breach of the lease agreement.  Tenants must be careful to obey the terms of the lease, because breaking them as often as not can be grounds for eviction.

Can landlords legally deduct legal fees and court costs from the security deposit?

No.  The security deposit is meant to cover only back rent or damage done to the property, not legal fees.  Thus, the landlord must return as much of the deposit as remains after paying the rent.  

Can the tenant fix the problem and remain on the premises, even after the eviction has started?

Yes, but only if the landlord accepts the payment, which he is not required to do.  

Resources

1. Primer on Arkansas evictions
2. Arkansas law from the Landlord Protection Agency
3. Arkansas eviction forms