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Arkansas Eviction Proceedings

The Arkansas Residential Landlord-Tenant Act of 2007 explains the eviction process in the following manner:

Affidavit of Eviction

When grounds exist for eviction of a tenant under this Act, a landlord or his or her agent may commence an action for eviction by filing with a district court having jurisdiction a complaint and supporting affidavit of eviction that specifies the grounds for the eviction.

10 Days to Vacate or Show Cause

Upon the filing by the landlord or his or her agent or attorney of a complaint and supporting affidavit of eviction, the district court shall issue an order requiring the tenant to vacate the occupied premises or to show cause why he or she should not be evicted by the court within ten (10) calendar days after the date of service of a copy of the order upon the tenant.

Tenant Failure to Show Cause

If the tenant fails to appear and show cause within the ten-calendar-day period provided as directed by the order or at the court appointed hearing date, the court shall enter judgment in favor of the plaintiff and direct the clerk to issue a writ of possession, and the tenant shall be evicted by the sheriff of the county.

Note: If the tenant appears and contests eviction, the court shall hear and determine the case as any other civil case.

Judgment in Landlord’s Favor

If the judgment is for the plaintiff, the district court shall within three (3) days issue a writ of eviction, and the tenant shall be evicted by the sheriff of the county.

Judgment in Tenant’s Favor

If the judgment is for the defendant, the tenant shall be entitled to remain in possession until:

  • The termination of his or her tenancy by agreement or operation of law;
  • Failure or neglect to pay rent; or
  • Eviction in another proceeding under this chapter or by the judgment of a court of competent jurisdiction.

Appeal

Either party may appeal in an eviction case and the appeal shall be heard and determined as other appeals in civil cases, but an appeal in an eviction case will not stay eviction unless at the time of appealing the tenant shall give an appeal bond as in other civil cases for an amount to be fixed by the court and conditioned for the payment of all costs and damages that the landlord may sustain.

Note: If the tenant fails to file the bond within five (5) days after service of the notice of appeal, the appeal shall be dismissed.

Also see Arkansas Grounds for Eviction of Tenant.

A.C.A. § 18-17-902, 904, 905, 907, 908, 909, 910

Return to Arkansas Landlord-Tenant Laws.