Filing fees, sheriff costs, attorney fees, and lost rent, under Ark. Code § 18-17 (Residential Landlord-Tenant Act)
Eviction. It’s a word no Arkansas landlord wants to hear, but understanding its costs is crucial. This guide breaks down the financial reality of evicting a tenant in Arkansas, specifically for landlords managing 1-20 units. We’re talking hard numbers, timeframes, and what makes Arkansas unique in this process. No fluff. Just the facts you need to protect your investment.
Arkansas’s posture on evictions is distinct. Unlike many states, Arkansas has a landlord-friendly reputation. The state’s legal framework, primarily the Ark. Code § 18-17 (Residential Landlord-Tenant Act), provides landlords with relatively clear paths to regain possession. There’s no statewide “just cause” eviction requirement. This means you aren’t limited to specific, enumerated reasons to evict beyond a lease violation or expiration. This isn't to say it's easy or cheap, but the legal hurdles are often lower here than in states with stronger tenant protections.
Key regulators in Arkansas are primarily the courts themselves. District Courts handle eviction cases, known as unlawful detainer actions. While the state legislature sets the laws, local court procedures and individual judges can influence timelines and minor costs. There isn't a single overarching state agency dictating every step of an eviction beyond the statutory requirements. Your primary interaction will be with the local District Court clerk and, if you hire one, your attorney.
The practical bottom line for a 1-20 unit landlord? Eviction in Arkansas is a process. It takes time and money. Expect to pay court filing fees, service of process fees, and potentially attorney fees. A common mistake: attempting to self-evict. Don't change locks. Don't remove property. Don't shut off utilities. Do follow the legal process. Ignoring proper procedure, even with a clear case, will almost certainly cost you more in the long run, potentially exposing you to damages claims from the tenant.
Before you even step into a courtroom, there are initial costs. For non-payment of rent, Arkansas requires a 3-day notice to vacate. This notice itself costs nothing to generate if you draft it yourself, but time is money. For a no-cause eviction (at the end of a lease term, for example), a 30-day notice is typical. If you pay an attorney or service to draft and serve these notices, expect to pay anywhere from $50 to $200, depending on complexity and service method.
Once the notice period expires and the tenant hasn't complied, you file an unlawful detainer complaint with the District Court. Filing fees vary by county but generally range from $165 to $185. This fee covers the court's administrative costs to open your case. Beyond the filing fee, you must pay for service of process. A sheriff or private process server will deliver the summons and complaint to your tenant. Expect service fees to be around $50 to $75 per tenant. If the tenant is difficult to locate, multiple attempts or alternative service methods (like posting) can add to this cost.
This is where costs can truly diverge. While you can represent yourself in District Court, it's generally not advisable. An attorney familiar with Arkansas eviction law ensures proper procedure, minimizing delays and errors. Attorney fees for an uncontested eviction (where the tenant doesn't appear or doesn't fight the eviction) might run from $500 to $1,500. This typically covers drafting the complaint, filing it, appearing at the initial hearing, and obtaining the writ of possession.
Contested evictions, where the tenant hires an attorney, files an answer, or raises defenses, can escalate costs significantly. Each additional hearing, motion, or negotiation adds to the bill. In a contested case, attorney fees could easily exceed $2,500 to $5,000, depending on the complexity and duration. Consider this a worst-case scenario, but it's a realistic possibility if a tenant decides to fight the eviction.
After filing and service, a court date is set. This usually happens within a few weeks. If the judge rules in your favor, they will issue an Order of Possession. This order states that you are entitled to regain your property. However, it doesn't automatically remove the tenant. If the tenant still refuses to leave, you will need to obtain a Writ of Possession. This is a court order directing the sheriff to physically remove the tenant and their belongings. There’s usually an additional fee for the writ, often around $25 to $50, and sheriff’s fees for executing the writ, which can be another $50 to $100.
The timeline for these steps is not instantaneous. From the initial 3-day notice to obtaining a Writ of Possession, an uncontested eviction in Arkansas typically takes anywhere from 30 to 60 days. A contested eviction can stretch this out to 90 days or more. Each day the property is occupied by a non-paying tenant represents lost income, a hidden cost that often outweighs the direct legal fees.
Eviction costs don't end when the tenant leaves. You'll likely face expenses related to property damage, cleaning, and repairs. Arkansas law allows you to deduct damages beyond normal wear and tear from the security deposit. However, the security deposit itself has no statutory cap in Arkansas, meaning you can collect a substantial amount. Even so, it often isn't enough to cover extensive damage. Expect to pay for professional cleaning, repairs, and potentially trash removal. These costs can range from a few hundred dollars for a basic cleanup to thousands for significant damage. You can sue for these damages, but collecting on a judgment against a former tenant can be difficult.
As of recent legislative sessions in Arkansas, there has been ongoing discussion regarding landlord-tenant law, particularly concerning the rights of tenants and the eviction process. While Arkansas maintains its landlord-friendly stance, there are always proposals that could impact costs or timelines. For instance, some legislative proposals have aimed to introduce mandatory mediation requirements or extend notice periods in specific circumstances. While these haven't dramatically altered the core eviction process for landlords with 1-20 units, keeping an eye on the legislative calendar is important. Any changes that introduce new procedural steps or extend timelines will inevitably add to the cost and duration of an eviction. Staying informed helps you anticipate potential shifts rather than reacting to them.
So, what’s the total cost? For an uncontested, straightforward eviction in Arkansas, a landlord managing 1-20 units can expect to pay anywhere from $700 to $2,000 in direct costs (filing fees, service, attorney fees). If the eviction becomes contested, or if significant property damage occurs, that figure can quickly jump to $3,000 to $6,000+. This doesn't include lost rent during the eviction process, which for a property renting at $1,000 per month, adds another $1,000-$2,000 to the real cost over a 30-60 day period. Understand these figures. Budget for them. And always, always follow the letter of the law. Your investment depends on it.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75–$200 | $150–$350 |
| Court filing fee | $165–$250 (Ark. Code § 18-17 (Residential Landlord-Tenant Act)) | |
| Process server | $75–$200 | |
| Attorney fees | $500–$2,500 | |
| Sheriff / constable lockout | $40–$120 | |
| Lost rent during process | $786–$1,573 (30–60 days @ $786/mo) | $2,359–$3,932 (90–150 days) |
| Cleaning, repairs, re-leasing | $800–$2,200 | $1,100–$5,200 |
| Total scenario | $1,291–$3,443 | $3,564–$10,302 |
Arkansas eviction costs have specific nuances landlords must understand to avoid delays and added expense. The controlling statute is the Arkansas Residential Landlord-Tenant Act (Ark. Code § 18-17). This act governs most residential evictions in the state. Deviation from its procedures will cost you money and time.
First, understand the notice periods. For non-payment of rent, a 3-day notice is required. This means the tenant has three full days after receiving the notice to pay or vacate. Do not count the day of service. For no-cause evictions on a month-to-month tenancy, a 30-day notice is necessary. Arkansas does not have statewide just-cause eviction requirements. This means you can terminate a month-to-month tenancy without stating a reason, provided you give proper notice.
A common trap for landlords involves the notice itself. Don't use generic online forms for your notice to quit. Do use forms specifically drafted for Arkansas law. The specifics of what must be included in the notice, how it is served, and the exact language can vary. Errors here mean re-serving notice, restarting your timeline, and potentially paying additional court filing fees if the initial case is dismissed.
Filing fees for an eviction (unlawful detainer) action typically range from $165 to $200, varying by county. For example, in Pulaski County, the filing fee for an unlawful detainer is approximately $185. This does not include service fees for the summons and complaint, which can add another $50-$75 per tenant if served by a private process server, or less if served by the sheriff's department. If you have multiple tenants on the lease, each may require separate service, increasing this cost. Factor in potential attorney fees, which can easily run into hundreds or thousands of dollars depending on the complexity and whether the tenant contests the eviction.
Security deposits in Arkansas have no statutory cap. You can charge what the market allows. However, the law does dictate how you must handle them. Within 30 days of the tenant vacating or the lease termination, you must return the deposit or provide an itemized list of deductions. Failure to do so can result in the tenant suing you for double the amount wrongfully withheld, plus attorney fees. This is a significant risk. Keep meticulous records of damages, cleaning costs, and any unpaid rent. Photographic or video evidence is crucial.
Here's a concrete example of a common landlord mistake: A tenant is late with rent. The landlord texts them, "Pay up or get out." This is not a valid 3-day notice. It fails on multiple fronts: it's not in writing, it doesn't contain the specific statutory language required, and it doesn't properly inform the tenant of their rights or the exact amount due. The landlord then files for eviction. The court will dismiss the case, forcing the landlord to properly serve a written notice, wait the 3 days, and then refile. This adds weeks to the process and doubles initial court costs.
Arkansas law does not have a statewide "just-cause" requirement for evictions. This means for month-to-month tenancies, you can terminate the lease with proper 30-day notice without providing a reason. However, you cannot evict in retaliation for a tenant exercising their legal rights (e.g., complaining about uninhabitable conditions) or for discriminatory reasons. Document all communication and reasons for eviction thoroughly to defend against potential retaliation claims.
Regarding recent legislative changes, as of recent legislative sessions, there has been ongoing discussion surrounding landlord-tenant law, particularly concerning notice periods and habitability. While no sweeping changes to the core eviction process under Ark. Code § 18-17 have been enacted that drastically alter the cost structure, landlords should remain vigilant. For instance, proposals periodically arise to extend non-payment notice periods or to mandate specific conditions for "no-cause" terminations. While none have become law, staying informed through landlord associations or legal counsel is prudent. Future sessions may revisit aspects like a "pay-to-stay" option or specific repair timelines, which could indirectly impact eviction timelines and associated costs if tenants gain new defenses.
Some counties or cities might have local ordinances that add minor requirements, though state law generally preempts most landlord-tenant issues. Always check with local authorities or legal counsel if you operate in multiple jurisdictions within Arkansas. For instance, a city might have specific rules about nuisance properties, but these typically don't alter the fundamental eviction process under state law.
Finally, consider the cost of a "holdover" tenant. If a tenant remains after the lease term expires or after proper notice to vacate, they become a holdover tenant. You can sue for "double rent" for the period they hold over. While this sounds lucrative, collecting it can be difficult. The primary goal is usually possession. Pursuing double rent often requires additional legal effort and may not be worth the cost if the tenant has limited assets.
In summary, successful and cost-effective evictions in Arkansas hinge on strict adherence to Ark. Code § 18-17. Proper notice, correct filing, and meticulous documentation are your best defenses against increased costs and prolonged proceedings.
Every dollar spent on tenant screening saves roughly $15–$25 in eviction and turnover costs. A rigorous screening protocol, verified income, rent-to-income ratio, prior landlord references, and a documented rubric, is the single highest-ROI move a Arkansas landlord can make.
See our tenant screening guide for Arkansas for the 5-point protocol used by NextGen Properties.
$2,300 to $5,500 all-in on a typical Arkansas unit. Direct legal $200 to $600. Lost rent $400 to $1,000.
District court small claims: $65 to $110. Circuit court: $165. Sheriff service: $25 to $50.
Uncontested: 20 to 45 days.
Yes. Ark. Code § 18-16-101 makes failure to vacate a misdemeanor. Rarely used; most landlords prefer civil unlawful detainer.
Tight. Cash-for-keys $400 to $1,000. Eviction $2,300 to $5,500 all-in. Eviction often cheaper for units under $700/month.
Informational only, not legal advice. Consult a licensed Arkansas attorney. Source attribution in the Sources band below.
