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In Arkansas, a landlord may pursue a tenant in a civil action for an unlawful detainer. Unlawful detainer actions require a landlord to provide you with a three days' written notice to vacate.
Can my landlord evict me during the COVID-19 emergency? Arkansas renters may be evicted from their home during the emergency. There are no statewide protections to stop landlords from giving tenants notices to quit, filing eviction lawsuits with the court, or having the eviction orders enforced.
What do the protections mean for Arkansas renters? Since emergency protections have expired, then for renters in Arkansas: Your landlord can still give you a notice to quit. Your landlord can still file an eviction claim in court against you, if your landlord shows that the property is not covered by the CARES Act.
IF YOU DO NOT PAY YOUR RENT: the landlord may give you either a 5-day or a 14-day termination notice for nonpayment of rent. pay the rent in 5 days or move. If you pay within the five days, the landlord must accept the rent and can't evict you.
Arkansas is the only state in the country where landlords do not have to provide a habitable dwelling. Landlords are also not required to make repairs, unless it is stated in the lease agreement. Renters cannot withhold rent for any reason. Lease agreements can be long and filled with confusing legal jargon.
Month-to-Month rentals require 30 days' notice by the tenants or landlords to end the lease. For week-to-week rentals, the landlord or tenant needs to provide the other party with 7 days' notice.
Tenants have the right to not be discriminated against in housing and have the right to report safety and health violations to proper authorities. Arkansas landlords also have certain rights, including the right to collect rent on time and pursue an eviction case when the rental agreement is violated.
In the state of Arkansas, if tenants holdover, or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
If there is no tenancy agreement, a tenant cannot be given a section 21 notice for eviction. Instead, a landlord must use a section 8 notice (with a ground for eviction). To be able to evict a tenant in the absence of a written tenancy agreement, a landlord will need to apply to the courts for a possession order.