Legal Question in Real Estate Law in Arkansas

Re: steps to take to evict land renters

In AR, there are several options available to a landlord when a tenant will not pay his rent. Ejectment is one method, but is cumbersome and expensive and seldom used.

Doubling the rent at the end of lease for a wrongful holdover tenant is another.

In AR, it is a misdemeanor to not pay rent. This is a possible action, though it may not help you get any money and is not usually a preferred method.

The method that is a more common way to evict someone is called unlawful detainer. You need to give the tenant notice that you wish him to vacate the property because he hasn't paid the rent. After three days, you need to file for unlawful detainer. After filing, the tenant is served with a notice of INtent to Issue Writ of Possession. If tenant doesn't respond within 5 days, writ will issue and sheriff will serve. If tenant does not respond within 5 days, a hearing is set. At this point, if you can post a bond and show a prima facie case (evidence of this tenant not paying the rent), you may get possession of the property. At trial, you will be trying to get permanent possession and damages from the tenant. This is a general sketch of how to do this process.

I know this sounds complicated or at least a lot more work than it should be. You may want to contact a lawyer to walk you through the process.