If you only remember one point about how eviction works in Arkansas, remember this: Arkansas requires unlawful detainer / forcible entry and detainer in circuit court (civil division) in the county where the property is located. For nonpayment, landlords commonly serve a 3-day notice to vacate before filing an unlawful-detainer action, though lease terms and local practice can affect wording. Different notice periods apply to holdovers and lease-breach terminations. Procedure, examples, and the opinions below hang off Ark. Code Ann. §§ 18-60-301 to 18-60-312. After notice, the landlord files a complaint for unlawful detainer and seeks a writ of possession. Tenants may file objections; contested hearings can take days to weeks. Once judgment enters, the sheriff executes the writ to restore possession.
Where the case is filed
Eviction actions in Arkansas are filed in circuit court (civil division) in the county where the property is located. Service must follow Arkansas rules — personal service, substitute service, or posting/mailing combinations as authorized. Improper service can void a default judgment.
Walking through Arkansas facts
Use this walkthrough to see which Arkansas authority does the work at each step.
A residential landlord in Arkansas wants possession after unpaid rent and cannot use a lockout.
- Give the notice Arkansas actually requires: For nonpayment, landlords commonly serve a 3-day notice to vacate before filing an unlawful-detainer action, though lease terms and local practice can affect wording. Different notice periods apply to holdovers and lease-breach terminations.
- File unlawful detainer / forcible entry and detainer in circuit court (civil division) in the county where the property is located under Ark. Code Ann. §§ 18-60-301 to 18-60-312.
- Prove the tenancy, the ground, and proper notice. Tenant defenses include: Typical defenses include defective notice or service, payment of rent, landlord's failure to maintain fit premises, retaliation, and fair-housing violations.
- If the landlord prevails, possession is enforced by writ — Arkansas law forbids self-help lockouts and utility cutoffs; landlords must obtain a court writ to remove a tenant.
After notice, the landlord files a complaint for unlawful detainer and seeks a writ of possession. Tenants may file objections; contested hearings can take days to weeks. Once judgment enters, the sheriff executes the writ to restore possession.
Hearing, judgment, and writ of possession
After service, the tenant usually has a short window to answer. At hearing the landlord must prove the landlord-tenant relationship, the ground for eviction, proper notice, and (for nonpayment) the rent due. If the landlord prevails, the court issues a judgment for possession and, after any statutory waiting period, a writ of possession executed by the sheriff or constable — not by the landlord personally.
Tenant defenses in Arkansas
Typical defenses include defective notice or service, payment of rent, landlord's failure to maintain fit premises, retaliation, and fair-housing violations.
Habitability, retaliation, and discrimination defenses can convert a simple nonpayment case into a longer civil action. Tenants asserting habitability should document repair requests; landlords facing those defenses should document inspections and cure efforts.
Self-help is not a shortcut
Arkansas law forbids self-help lockouts and utility cutoffs; landlords must obtain a court writ to remove a tenant.
Illegal lockouts can expose landlords to statutory damages, attorney's fees, and even criminal penalties in some jurisdictions. The lawful path is notice → unlawful detainer / forcible entry and detainer → writ.
Practical tips
- Calendar every notice and answer deadline; eviction timelines are intentionally short.
- Bring the lease, ledger, notices, and proof of service to the first hearing.
- Search Arkansas opinions for “unlawful detainer / forcible entry and detainer”, “writ of possession”, and “notice to quit” on LawDiver before a contested trial.
- Subsidized, mobile-home, and hotel-to-housing arrangements may follow different notice statutes — verify the housing type.
Case law: eviction and landlord-tenant in Arkansas
Ish v. Morgan, McRae & Co.
Ish v. Morgan, McRae & Co., 48 Ark. 413 (1886)
…possession of lands held by the appellant, in an action of unlawful detainer. The only question mooted at the trial that it is necessary to determine, in order to test the correctness of the judgment against the appellant, is, was he at the time the suit was instituted standing in the relation of tenant to the appellees within the meaning of the unlawful detainer act ? Unlawfu…
Practitioners open Ish v. Morgan, McRae & Co. when Arkansas eviction / landlord-tenant turns on the distinction in this sentence: "possession of lands held by the appellant, in an action of unlawful detainer. The only question mooted at the trial that it is necessary to determine, in order to test the correctness of the judgment against the appellant, is, was he at the time the suit was instituted standing i" Do not lift it out of the facts the court was deciding.
Dunlap v. Moose
Dunlap v. Moose, 98 Ark. 235 (1911)
Kirby, J., (after stating the facts). The action of unlawful detainer is only to decide the right to the immediate possession of lands and tenements, and not to determine the right or title of the parties to or in them. A tenant cannot dispute the title of his landlord while he remains in .possession under him, nor acquire possession from the landlord by lease and then…
Practitioners open Dunlap v. Moose when Arkansas eviction / landlord-tenant turns on the distinction in this sentence: "Kirby, J., (after stating the facts). The action of unlawful detainer is only to decide the right to the immediate possession of lands and tenements, and not to determine the right or title of the parties to or in them." Do not lift it out of the facts the court was deciding.
Necklace v. West
Necklace v. West, 33 Ark. 682 (1878)
…of September, 1875, Louis F. Necklace brought-an action of .unlawful detainer, in the Circuit Court of Randolph county, against David C. West, for possession of a tract-of land, together with mill-house, steam engine and boiler,, corn-mill, cotton-gin and press, and other machinery, upon and attached to the land described in the complaint. The complaint alleges, in substance, t…
Arkansas opinions such as Necklace v. West are cited where eviction / landlord-tenant is disputed. The court stated: "September, 1875, Louis F. Necklace brought-an action of .unlawful detainer, in the Circuit Court of Randolph county, against David C." That is the language to brief; the rest of the decision supplies the procedural posture.
Webb v. Hekpin
Webb v. Hekpin, 217 Ark. 826 (1950)
George Rose Smiti-i, J. This action in unlawful detainer was brought by the appellants to obtain possession of a house and lot in the city of Hot Springs. The complaint alleged that the principal defendant, Willie Mae Herpin, was occupying the property as a tenant and was wrongfully detaining it after notice to vacate. In her answer the defendant denied the…
Practitioners open Webb v. Hekpin when Arkansas eviction / landlord-tenant turns on the distinction in this sentence: "George Rose Smiti-i, J. This action in unlawful detainer was brought by the appellants to obtain possession of a house and lot in the city of Hot Springs." Do not lift it out of the facts the court was deciding.
Mason v. Delancy
Mason v. Delancy, 44 Ark. 444 (1884)
Cockrill, C. J. In an action of unlawful detainer the court sitting as a jury found the following facts from the evidence: “ The defendant Delaney purchased the lands described in the complaint from Robert Lemons by parol, and was placed in possession and made improvements. The plaintiff Mason, after defendant’s purchase, entry and two years, possess…
Practitioners open Mason v. Delancy when Arkansas eviction / landlord-tenant turns on the distinction in this sentence: "Cockrill, C. J. In an action of unlawful detainer the court sitting as a jury found the following facts from the evidence: “ The defendant Delaney purchased the lands described in the complaint from Robert Lemons by parol, and was placed in possession and made improvements." Do not lift it out of the facts the court was deciding.
Geary v. Parker — Battle, J., dissenting
Geary v. Parker — Battle, J., dissenting, 65 Ark. 521 (1898)
…s the right to dispossess a tenant, when he is guilty of an unlawful detainer, by bringing an action against him for the recovery of the land demised. What is an unlawful detainer? The statute in force at the commencement of this action, so far as it is applicable to this case, is as follows: “When any person shall wilfully and with force hold over any lands, tenements or other…
Geary v. Parker — Battle, J., dissenting is worth reading on Arkansas eviction / landlord-tenant because the court put the point in its own words: "s the right to dispossess a tenant, when he is guilty of an unlawful detainer, by bringing an action against him for the recovery of the land demised. What is an unlawful detainer? The statute in force at the commencement of this action, so far as it is applicable to this case, i" Use that passage as the starting point, then read the facts that precede it.
Gary HERAL, D/B/A Heral Enterprises, Inc. v. Edna H. SMITH, Et Al.
Gary HERAL, D/B/A Heral Enterprises, Inc. v. Edna H. SMITH, Et Al., 33 Ark. App. 143 (1991)
…, Inc., appeals from a judgment in favor of appellees in an unlawful detainer action. We affirm. On June 1,1979, Howard and Margaret Halley leased some commercial real property to appellant for a term of ten years for $1,200 per month. The lease contained the following statement: “Lessee is hereby granted two options to renew this Lease for a term of five (5) years each, terms…
On eviction / landlord-tenant, Gary HERAL, D/B/A Heral Enterprises, Inc. v. Edna H. SMITH, Et Al. speaks to the Arkansas dispute in this passage: "Inc., appeals from a judgment in favor of appellees in an unlawful detainer action. We affirm. On June 1,1979, Howard and Margaret Halley leased some commercial real property to appellant for a term of ten years for $1,200 per month." The surrounding opinion shows how the court applied that language to the record.
Bradley v. Hume
Bradley v. Hume, 18 Ark. 284 (1857)
…the 11th of December, 1847, Bradley commenced an action of unlawful detainer against Hume, in the Crittenden Circuit Court, by filing the following declaration, etc. “ Thomas H. Bradley, by attorney, complains of Weden M. Hume, etc., Wherefore, he unlawfully detains the possession of the lands and tenements of the said plaintiff, situate in said county, after the expiration of…
Arkansas opinions such as Bradley v. Hume are cited where eviction / landlord-tenant is disputed. The court stated: "December, 1847, Bradley commenced an action of unlawful detainer against Hume, in the Crittenden Circuit Court, by filing the following declaration, etc. “ Thomas H. Bradley, by attorney, complains of Weden M. Hume, etc." That is the language to brief; the rest of the decision supplies the procedural posture.
Key takeaways
- Process name: unlawful detainer / forcible entry and detainer.
- Primary authority: Ark. Code Ann. §§ 18-60-301 to 18-60-312.
- Filing forum: circuit court (civil division) in the county where the property is located.
- Notice: For nonpayment, landlords commonly serve a 3-day notice to vacate before filing an unlawful-detainer action, though lease terms and local practice can affect wording.
- Self-help lockouts: Arkansas law forbids self-help lockouts and utility cutoffs; landlords must obtain a court writ to remove a tenant.
The Arkansas eviction / unlawful detainer / forcible entry and detainer framework
After notice, the landlord files a complaint for unlawful detainer and seeks a writ of possession. Tenants may file objections; contested hearings can take days to weeks. Once judgment enters, the sheriff executes the writ to restore possession.
Exact deadlines vary by county practice, service method, and whether the tenant answers. Commercial leases and subsidized housing can add federal or program-specific rules on top of Arkansas law.
Notice requirements before filing
For nonpayment, landlords commonly serve a 3-day notice to vacate before filing an unlawful-detainer action, though lease terms and local practice can affect wording. Different notice periods apply to holdovers and lease-breach terminations.
A defective notice is one of the most common reasons an eviction is dismissed without prejudice. Landlords should match the notice form and timing to the ground for eviction (nonpayment vs. cureable breach vs. no-cause termination where allowed). Tenants should keep the envelope, text, email, and posting photos.
Frequently asked questions
How does eviction work in Arkansas?
Arkansas uses unlawful detainer / forcible entry and detainer under Ark. Code Ann. §§ 18-60-301 to 18-60-312. After notice, the landlord files a complaint for unlawful detainer and seeks a writ of possession.
How much notice does a landlord have to give?
For nonpayment, landlords commonly serve a 3-day notice to vacate before filing an unlawful-detainer action, though lease terms and local practice can affect wording. Different notice periods apply to holdovers and lease-breach terminations.
Can a landlord change the locks without going to court?
Arkansas law forbids self-help lockouts and utility cutoffs; landlords must obtain a court writ to remove a tenant.
What defenses can a tenant raise?
Typical defenses include defective notice or service, payment of rent, landlord's failure to maintain fit premises, retaliation, and fair-housing violations.