Landlord and Tenant Rights
At Williams Law Firm, we are dedicated to protecting the rights of both landlords and tenants in Arkansas, Missouri, and Oklahoma. Our experienced team provides clear, actionable advice on rental agreements, eviction proceedings, and property disputes. Whether you’re a landlord needing guidance on compliance with Arkansas law or a tenant facing challenges with your lease, we’re here to help you navigate the legal complexities and ensure your rights are upheld.
Understanding the Timeline for an Unlawful Detainer Action in Arkansas
Unlawful detainer actions are legal proceedings initiated by a landlord to regain possession of a property from a tenant who has violated the lease terms, often by failing to pay rent. Here’s a breakdown of the typical timeline for an unlawful detainer action in Arkansas, including key steps and considerations.
- Tenant Fails to Pay Rent or Commits a Lease Violation
The process starts when a tenant is late on rent or violates another lease term. - Three-Day Notice to Vacate
The landlord must issue a three-day notice to vacate, delivered either by posting it on the door of the rental unit or hand delivering the notice to the tenant. This notice gives the tenant three days to vacate the property or face legal action. - Case Turned Over to Our Firm
If the tenant does not vacate after three days, the case is handed over to us. We require a copy of the lease and the notice to vacate. - Drafting and Filing the Complaint
We draft and file a complaint with the circuit court, initiating the legal process to regain possession of the property. - Service of Process
The tenant must be served with the complaint. Service can take anywhere from a few days to several weeks, depending on the tenant’s availability. If needed, alternative service methods like publication can be used. - Tenant’s Response Time
After being served, the tenant has five days to file a response objecting to the writ of possession. - Default or Hearing for Writ of Possession
- No Response: If no response is filed, we request a default order from the judge to issue the writ of possession.
- Response Filed: If a response is filed, a hearing is scheduled where both parties present their case, and the judge decides on issuing the writ.
- Issuance of Writ of Possession
If granted, the court clerk issues the writ, authorizing the tenant’s removal. - Serving the Writ of Possession
The sheriff serves the writ on the tenant, requiring them to vacate the property. - 24-Hour Period to Vacate
Once served, the tenant has 24 hours to vacate the residence. - Returning with the Sheriff to Change the Locks
After 24 hours, the landlord, with the sheriff, returns to change the locks and ensure the tenant can no longer access the property. - Pursuing Back Rent and Damages
If desired, a separate hearing can be scheduled to pursue back rent or damages, allowing the landlord to seek compensation for any losses.