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An Arkansas eviction notice is used by landlords or property management company when a tenant violates their lease agreement in some way. Eviction notices can be for curable violations (which means there is something that the tenant can do to correct the problem within a certain amount of time and then they can remain on the property) or incurable (meaning that the tenant must vacate the property and does not get the opportunity to correct the violation).
There are several types of Arkansas eviction notices that are commonly used, as you’ll learn about here. However, all eviction notices issued in Arkansas must comply with the state’s landlord-tenant laws. An Arkansas eviction notice is the first step of the legal eviction process.
As mentioned above, there are several types of Arkansas eviction notices that have their own special components, all of them share some commonalities:
Eviction notices are commonly known as a notice to quit. Now, let’s look at some of the most commonly used Arkansas eviction notices, what they are for, and the specific components needed aside from the basic ones listed above.
3-Day Notice to Quit for Non-Payment of Rent
A 3-Day Notice to Quit for Non-Payment of Rent is one of the most common eviction notices used in Arkansas. It gives the tenant three days to pay what they owe or to vacate the premises. Although it is a 3-day notice, it’s important for landlords and property managers to know that it cannot be sent until the tenant is five days late on their rent. So, it’s like the tenants get eight days past the date the rent was due.
In addition to the basic components, this notice includes:
14-Day Notice to Quit for Non-Compliance of Lease Terms
A 14-Day Notice to Quit for Non-Compliance is issued for lease violations outside of non-payment of rent. The tenant has 14 days from the date of the notice to correct the violation or vacate the property. A 14-day notice must be in compliance with ACA § 18-17-901.
In addition to the basic component, this 14-day notice includes:
30-Day Notice to Quit for Month-to-Month Tenancies
A 30-Day Notice to Quit for Month-to-Month Tenancies isn’t technically an eviction notice. When someone enters into a month-to-month tenancy, the landlord and the tenant may end the agreement if they give 30 days’ notice. That’s what this notice is used for. Your 30-day notice should comply with ACA § 18-17-704.
For this notice, it is important to give the date that the lease agreement was put into place and the date the lease will terminate (30-days).
Service of Arkansas Eviction Notices
In Arkansas, service of eviction notices is fairly simple. The tenant may be served in person by the landlord. If that’s not possible, the landlord may leave the notice on the front door where the tenant can easily see it.
An Arkansas eviction notice is the first step in the legal eviction process. Until a landlord properly and legally serves the right eviction notice, they may not be allowed to start a lawsuit against the tenant for forcible entry and detainer. Self-help evictions, such as changing the locks or removing the tenants belongings, are illegal evictions.
The eviction notice must list the proper amount of time as listed above. Additionally, Arkansas eviction notices must be properly served.
If you receive an eviction notice, read it carefully. Call your landlord if you have questions. If you have an eviction notice for a curable violation, such as non-payment of rent, be aware of the date by which you need to correct the issue. If you have an incurable violation, you are being told to leave the property by a certain date.
You could also contact a landlord-tenant lawyer if you have questions or if you’re concerned that the eviction isn’t legal. If you cannot afford a lawyer, contact a local law school to find out if they offer legal clinics that assist with such issues. You can also look for contact information for a legal aid office. Legal aid offices often provide assistance for tenants who meet a certain low-income requirement.
Arkansas landlords must take eviction action that complies with Arkansas landlord-tenant law. If you don’t, you can put yourself at risk for a lawsuit and the tenant may not be required to leave the property. Eviction notices must be properly drafted and they must also be legally served. You can serve the tenant in person or you may serve them by putting the notice on their front door where it is easily seen. However, that is only done if you cannot serve the inmate in person.
An eviction notice is the first step that must be taken if you plan to file a lawsuit against the tenant.