Arkansas 3-Day Eviction Notice: Delivery, Timeline, and Limits

Arkansas’s 3-day eviction notice is the written demand for possession that a landlord must deliver to a tenant before filing an unlawful detainer lawsuit for unpaid rent. Under Arkansas Code § 18-60-304, a tenant who fails to pay rent and refuses to leave after receiving three days’ written notice is guilty of unlawful detainer, which opens the door to a circuit court removal action.¹ It is one of the shortest eviction notice periods in the country, and once it expires the tenant has no statutory right to stop the eviction by catching up on rent.

When the Three-Day Notice Applies

The three-day notice is tied specifically to nonpayment of rent. It is not a general-purpose eviction notice, and using it for the wrong situation is a quick way to get a case dismissed.

Arkansas Code § 18-60-304 lists several separate grounds for unlawful detainer, each with its own requirements:

Nonpayment of rent — three days’ written notice to quit, then the landlord may file suit if the tenant stays.
Holdover after the lease ends — the tenant’s right to occupy expires with the lease, and the statute does not spell out a specific notice period for this ground.
Refusal to leave after written demand — for tenants who lawfully obtained possession but now refuse to surrender it after the landlord asks in writing.
Failure to maintain the property or creating a nuisance — for premises that have become unsafe, unhealthy, or a nuisance subject to abatement.

If the problem is a lease violation such as unauthorized occupants or prohibited activity rather than unpaid rent, the three-day nonpayment notice is the wrong tool.

What the Notice Must Include

The statute requires the notice to be in writing and to demand possession of the property. Beyond that, Arkansas law does not prescribe a specific form. There is no state-issued template. Many landlords draft their own or use forms from legal document services.

A notice is far more likely to hold up in court if it clearly identifies:

Every adult tenant listed on the lease. A notice addressed only to one person on a multi-tenant lease can create enforcement problems.
The full property address, including any unit or apartment number.
The exact past-due rent, broken out by month if multiple months are unpaid. Including late fees calculated under the lease is standard practice.
A specific deadline to vacate, at least three full calendar days from delivery.
A plain statement that the landlord will file an unlawful detainer action in circuit court if the tenant does not vacate by that date.
The landlord’s signature, or that of an authorized agent or attorney.

The Arkansas Access to Justice Commission publishes a packet with forms for the unlawful detainer complaint, affidavit, and summons, but those are for the court filing stage rather than the notice itself.²

Delivering the Notice

The statute requires the notice to be “made in writing” but does not lock in an exclusive delivery method the way it does for the later summons and complaint.¹ The safest approach is to hand it directly to the tenant. If the tenant is not home, leaving the notice with another adult at the property is a common alternative.

Documentation matters. The landlord will later need to submit an affidavit to the circuit court stating that notice was given, so keep a signed copy, record the date, time, and method of delivery, and note the name of anyone who accepted the notice. Landlords who skip this step often cannot satisfy the court that proper notice was served.

No Right to Cure in Arkansas

This is where Arkansas differs sharply from many other states. The three-day notice is a notice to vacate, not a notice to pay or quit. The statute does not give the tenant a right to stop the eviction by paying the overdue rent within the three-day window. Once the notice is served, the landlord’s demand is for possession of the property, not for the money.¹

A landlord can voluntarily accept late payment and withdraw the notice, and many do because getting paid is often preferable to a lawsuit. But the tenant has no statutory right to force that outcome. An offer to pay does not legally block the filing after the three days expire.

Arkansas also does not allow tenants to withhold rent for any reason, including the landlord’s failure to make repairs. The state does not recognize an implied warranty of habitability for residential rentals unless the written lease specifically includes one. A tenant who stops paying rent because the roof leaks or the plumbing fails will face eviction with no viable defense based on the property’s condition, unless the lease itself requires the landlord to maintain the property.

What Happens After the Three Days Expire

If the tenant is still in the property after the three-day period, the landlord files an unlawful detainer complaint in the circuit court for the county where the property is located.³ The filing includes:

A complaint identifying the property, naming the tenant, and stating that rent was unpaid, written notice was given, and the tenant refused to leave.
An affidavit swearing the landlord is entitled to possession and the tenant is unlawfully holding over after proper notice.
A summons and notice of intent to issue a writ of possession, stamped and issued by the clerk.

The uniform filing fee for a civil action in Arkansas circuit court is $150.⁴ The summons and notice are then served on the tenant by the county sheriff or a process server, following formal civil procedure rules. This is a separate service from the original three-day notice.³

The Tenant’s Five-Day Window to Object

After being served with the summons, the tenant has five days, excluding Sundays and legal holidays, to file a written objection with the circuit court clerk.³ This is where most tenants lose. If no written objection is filed within those five days, the court can immediately issue a writ of possession and the sheriff will remove the tenant. Showing up to a later court date is not a substitute for filing the objection on time.

If the tenant does object, the case moves to a hearing. The landlord must show a likelihood of success on the merits, and the tenant gets to respond. The court then decides whether to grant an immediate writ or set a full trial. A tenant who loses the initial hearing on possession can ask the court to set “adequate security,” typically equal to the unpaid rent, to remain in the property until trial.³ If the tenant cannot post that security, the writ issues.

Writ of Possession and Physical Removal

Once the court issues a writ of possession, the sheriff delivers a copy to the tenant or posts it on the front door if no one is home. The tenant then has 24 hours to leave voluntarily.⁵

If the tenant is still there after 24 hours, the sheriff physically removes the tenant and all belongings. The belongings go to a public warehouse or another storage location controlled by the landlord. If the landlord wins the case and holds a monetary judgment, the court can order the stored property sold in a commercially reasonable manner, with proceeds applied first to storage costs, then to the judgment, and any surplus returned to the tenant.⁵ The sheriff has authority to break locks and restrain anyone who interferes.

Self-Help Evictions Are Illegal

No matter how far behind the tenant is, a landlord cannot bypass the court process by changing locks, shutting off utilities, removing doors or windows, or hauling the tenant’s belongings outside. Arkansas law treats these tactics as a form of forcible entry. A tenant subjected to a self-help eviction can sue the landlord to regain access and recover money damages, court costs, and attorney’s fees. The only situation where a landlord can lock a property without a court order is when the tenant has actually moved out or abandoned the premises, and even then the evidence of abandonment should be carefully documented.

When the Three-Day Notice Isn’t Enough

Two categories of tenants get more protection than Arkansas state law alone provides.

Subsidized Housing

If the rental participates in a federal housing program, the three-day notice may not satisfy federal law. HUD program rules impose their own notice timelines before a landlord can terminate for nonpayment, and those requirements override Arkansas’s shorter deadline. Effective March 30, 2026, HUD revoked the blanket 30-day notice requirement that previously applied across all HUD-assisted housing, but program-specific minimums remain in place.⁶ Current federal minimums include:

Public housing: at least 14 days’ written notice before terminating for nonpayment.
Section 8 Moderate Rehabilitation: five working days’ notice.
Project-Based Rental Assistance and Project-Based Section 8: notice must comply with both the lease terms and state law, whichever gives the longer period.

Landlords in these programs who serve only a three-day notice risk having the eviction thrown out.⁶

Active-Duty Military Tenants

The Servicemembers Civil Relief Act adds protections for active-duty military members. If the tenant is on active duty and the monthly rent is $10,239.63 or less, the landlord cannot evict without first obtaining a court order, even after the three-day notice period expires. Courts can stay eviction proceedings or adjust terms to account for the servicemember’s military obligations. A landlord who knowingly evicts a protected servicemember without a court order faces significant federal liability. Where there is any indication the tenant may be on active duty, verify status before proceeding.

1
Justia. Arkansas Code 18-60-304 – Actions Constituting Unlawful Detainer
2
Arkansas Access to Justice Commission. Packet for Filing Complaint in Unlawful Detainer
3
Justia. Arkansas Code 18-60-307 – Proceedings in Court
4
Justia. Arkansas Code 21-6-403 – Circuit Court Clerks – Uniform Filing Fees – Definition
5
Justia. Arkansas Code 18-60-310 – Execution of Writ of Possession
6
Federal Register. Revocation of the 30-Day Notification Requirement Prior to Termination of Lease for Nonpayment of Rent