[AR] I have a tenant not paying rent. What should I do?
I have a tenant not paying rent.
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Basically, there is a 5-day grace period for paying rent under Arkansas law (§ 18-17-701(b)) — and that expires today.
After that, you can give them a written 3-day notice to pay rent or vacate. (§ 18-60-304(3)) Then, if they still don’t pay rent in that time, you can go to your local courthouse and file an eviction case using the summons and complaint forms the clerks give you.
Here’s a free template notice: Arkansas 3-Day Notice to Quit for Non-Payment (PDF)
You can deliver it personally, or have someone deliver it to the tenant (or any adult living there), or mail it via certified and first-class mail to the address.
If you mail certified and first-class, I suggest posting it as well and taking a photo so you have proof it was delivered — in case the tenant claims they never received it or refuses to sign for certified mail.
If the tenant does not leave after the 3-day notice period, you must file a complaint for “Unlawful Detainer.”
The complaint form can be obtained from the court that handles evictions in your area. Once the tenant is served with the lawsuit, they have 5 days to file a written objection.
If the tenant does not file an objection, you win the case and can have the sheriff remove the tenant.
If they do file an objection, you must show up for your court date and ask the judge to grant the eviction. You’ll need to show proof of nonpayment of rent and that you gave proper notice (a copy of the 3-day notice to vacate).
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I have a tenant not paying rent.
Lexi, Chatbot
I understand dealing with a tenant not paying rent can be frustrating. Have you served the tenant with any notices regarding the unpaid rent?
No.
Lexi, Chatbot
Is there a written lease agreement in place outlining the terms of rent payment and consequences for non-payment?
I don’t know.
Lexi, Chatbot
Is there anything else the landlord-tenant lawyer should know before I connect you? Rest assured they’ll be able to help with your tenant not paying rent.
Yes.
Barrister
Hello and welcome to the site! My name is Barrister, and I’m a licensed attorney here to help with your situation.
Can you tell me what state you are in?
Arkansas.
Barrister
Have you given them a written 5-day notice to pay or vacate?
I have not.
Barrister
Okay, then that is your first step if you want to evict the tenant from your property for nonpayment.
Ok, so I send them a 5-day notice to quit? Guessing by certified mail?
Barrister
When is rent due under your lease?
On the 1st of the month.
Barrister
Ok, then yes — you can send them a written 5-day notice to pay rent or vacate.
It doesn’t have to be certified mail. You can personally deliver it, post it on the front door and take a picture, and mail them a copy (regular or certified mail, whichever you choose). You can also have someone else deliver it as long as they are over 18.
I see. And then after the 5 days I can figure out what to do after? Meaning if they don’t vacate or pay, I will need to start an eviction process?
Barrister
Basically, there is a 5-day grace period for paying rent under Arkansas law (§ 18-17-701(b)) — and that expires today.
After that, you can give them a written 3-day notice to pay rent or vacate. (§ 18-60-304(3)) Then, if they still don’t pay rent in that time, you can go to your local courthouse and file an eviction case using the summons and complaint forms the clerks give you.
Here’s a free template notice: Arkansas 3-Day Notice to Quit for Non-Payment (PDF)
You can deliver it personally, or have someone deliver it to the tenant (or any adult living there), or mail it via certified and first-class mail to the address.
If you mail certified and first-class, I suggest posting it as well and taking a photo so you have proof it was delivered — in case the tenant claims they never received it or refuses to sign for certified mail.
If the tenant does not leave after the 3-day notice period, you must file a complaint for “Unlawful Detainer.”
The complaint form can be obtained from the court that handles evictions in your area. Once the tenant is served with the lawsuit, they have 5 days to file a written objection.
If the tenant does not file an objection, you win the case and can have the sheriff remove the tenant.
If they do file an objection, you must show up for your court date and ask the judge to grant the eviction. You’ll need to show proof of nonpayment of rent and that you gave proper notice (a copy of the 3-day notice to vacate).
Barrister
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