Eviction Court Process in Arkansas: Filing, Service, Hearing and Judgment

By the FigureMyTax Editorial Team · How we calculate

An Arkansas eviction case starts with a sworn complaint and an order that gives the tenant ten days to vacate or show cause. Here is how filing, service, a default, a contested hearing and the judgment work.

Which court hears an Arkansas eviction?

A landlord or its agent may commence eviction proceedings against a tenant in a district court having jurisdiction, when the tenant fails or refuses to pay rent when due or when demanded, the term of tenancy has ended, or the terms or conditions of the rental agreement have been violated (Ark. Code 18-17-901(a)). In the district court the landlord is designated plaintiff and the tenant defendant (18-17-906). Unlawful detainer cases are cognizable before the circuit court and, if permitted by rule or order of the Supreme Court, the district court (18-60-306).

What does the landlord have to file?

A complaint and a supporting affidavit of eviction that specifies the grounds, signed by a person with personal knowledge of them (18-17-902(a)). In an unlawful detainer case the complaint specifies the property and the plaintiff files an affidavit that the plaintiff is lawfully entitled to possession and that the defendant unlawfully detains it after lawful demand (18-60-307(a)).

What happens after filing?

The district court issues an order requiring the tenant to vacate the premises or to show cause why the tenant should not be evicted within ten calendar days after the date of service of a copy of the order (18-17-902(b)). The order may be served as a summons is served in district court, and if service is unsuccessful and no person is found in possession, it may be served by leaving it affixed to the most conspicuous part of the premises (18-17-903).

What if the tenant does not appear?

If the tenant fails to appear and show cause within the ten-calendar-day period, or at the court-appointed hearing date, the court enters judgment in favor of the plaintiff and directs the clerk to issue a writ of possession, and the tenant is evicted by the sheriff of the county (18-17-904).

What if the tenant contests?

If the tenant appears and contests eviction, the court hears and determines the case as any other civil case (18-17-905). If the judgment is for the defendant, the tenant is entitled to remain in possession until the tenancy ends by agreement or operation of law, the tenant fails or neglects to pay rent, or an eviction occurs in another proceeding (18-17-908).

What can the landlord recover in an unlawful detainer case?

If the finding is for the plaintiff, the court assesses the rent due and agreed up to judgment or the fair rental value, and, as liquidated damages for residential property, an amount equal to the rental value for each month or portion of a month that the defendant unlawfully detained the property, and then renders judgment for the property and the amount assessed with costs (18-60-309).

Does rent keep running during the case?

Yes. After the order to vacate or show cause, rent for use and occupancy continues to accrue at the prior rate, the tenant is liable for it, and the landlord’s acceptance of rent does not waive its right to insist on eviction (18-17-911).

What the statutes do not say

The sections we read set the order to vacate or show cause, the judgment and the writ. They do not give a fixed date for a contested hearing, they do not list the defenses a tenant may raise, and they do not set the sheriff’s fee. For those, ask the district court clerk and a licensed Arkansas attorney.

Frequently asked questions

Where is an Arkansas eviction filed?

In a district court having jurisdiction, by a complaint and a supporting affidavit of eviction.

How much time does the tenant have after being served?

Ten calendar days to vacate or show cause.

What if the tenant ignores the order?

The court enters judgment for the landlord and a writ of possession issues; the sheriff evicts the tenant.

What if the tenant wins?

The tenant is entitled to remain in possession until the tenancy ends, rent is not paid or another proceeding results in eviction.

Is rent still owed during the case?

Yes. Rent for use and occupancy continues to accrue.

Official sources

Dealing with a deposit, lease or eviction issue in Arkansas?

A local landlord-tenant attorney can review your situation — many offer a free consultation.

Talk to an Arkansas attorney

This is general information, not legal advice. It is based on the cited Arkansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Arkansas attorney.