How to Serve an Eviction Notice & Unlawful Detainer in Arkansas
Arkansas landlord-tenant law is unique in the United States because landlords can pursue eviction through two distinct statutory pathways: the traditional Unlawful Detainer statute (Ark. Code Ann. § 18-60-301 et seq.) or the Civil Eviction / Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code Ann. § 18-17-701 et seq.) (in addition to the nonpayment failure-to-vacate provisions under Ark. Code Ann. § 18-16-101).
Regardless of which statutory pathway a landlord or property manager selects, proper service of the initial eviction notice and subsequent court summons is the foundation of the entire proceeding. If a 3-day Notice to Quit or Unlawful Detainer Summons is served improperly, the Circuit or District Court cannot issue a Writ of Possession, forcing the landlord to restart the statutory clock from day one.
This guide covers the exact statutory notice periods, legally valid service methods, and two-stage Unlawful Detainer service procedures across all 75 Arkansas counties.
1. Arkansas Statutory Eviction Notice Periods
Before filing an eviction lawsuit in an Arkansas Circuit Court or State District Court (which holds concurrent jurisdiction over unlawful detainer actions under Arkansas Supreme Court Administrative Order No. 18), the landlord must serve the appropriate written predicate notice:
| Eviction Pathway & Ground | Governing Arkansas Statute | Mandatory Notice Period |
|---|---|---|
| Unlawful Detainer (Nonpayment of Rent or Holdover) | Ark. Code Ann. § 18-60-304(3) | 3 Days' Written Notice to Quit before filing suit. |
| Failure to Pay Rent / Refusal to Vacate | Ark. Code Ann. § 18-16-101 | 10 Days' Written Notice to Vacate after rent becomes due and unpaid. |
| Residential Lease Noncompliance / Breach | Ark. Code Ann. § 18-17-701(a) | 14 Days' Written Notice specifying the breach (remedied within 14 days or lease terminates). |
| Civil Eviction After Lease Termination / Nonpayment | Ark. Code Ann. § 18-17-701(b) & § 18-17-901 | Rent unpaid 5 days after due date allows immediate termination; Order to Vacate served after filing. |
| Month-to-Month Tenancy Termination | Ark. Code Ann. § 18-17-704(b) | 30 Days' Written Notice prior to the periodic rental date. |
2. How to Legally Serve a 3-Day Notice to Quit in Arkansas (Ark. Code Ann. § 18-60-304)
Under Arkansas’s primary eviction statute—Unlawful Detainer (Ark. Code Ann. § 18-60-304)—a landlord must give three (3) days’ written notice to quit and demand possession before filing a Complaint in Unlawful Detainer.
Permitted Service Methods for the Predicate Notice
To ensure the 3-day Notice to Quit withstands challenge in court, service should be executed and documented by an independent process server via:
- Personal Hand-Delivery to the Tenant: Delivering a physical copy of the Notice to Quit directly into the hands of the named tenant(s) at the leased premises or their workplace.
- Abode Delivery to an Adult Resident: If the named tenant is absent, delivering the notice to a person residing at the premises who is of suitable age and discretion (at least 18 years old).
- Conspicuous Posting + Certified/First-Class Mail (When Unoccupied or Refused): If no person can be found at the leased premises after diligent attempts, posting the Notice to Quit conspicuously on the primary entrance door (photographed with GPS coordinates and timestamp) and mailing a copy via certified and regular mail.
Having a professional process server serve the 3-day Notice to Quit provides an independent, notarized Affidavit of Service of Notice to Quit with timestamped photographic proof—eliminating the common tenant defense of “I never received a 3-day notice.”
3. Serving the Unlawful Detainer Lawsuit & 5-Day Notice of Intention to Issue Writ of Possession (Ark. Code Ann. § 18-60-307)
Once the 3-day notice period expires without the tenant vacating, the landlord files a Complaint in Unlawful Detainer accompanied by a supporting Affidavit of Rental Value and Right to Possession. The clerk then issues two critical documents that must be formally served on the tenant:
- The Civil Summons and Complaint; and
- The Notice of Intention to Issue Writ of Possession.
Who Can Serve the Unlawful Detainer Summons & Notice?
Under Ark. Code Ann. § 18-60-307(a) and Ark. R. Civ. P. 4(c), the Unlawful Detainer Summons, Complaint, and Notice of Intention to Issue Writ of Possession must be served by either the County Sheriff or an Administrative Order No. 20 court-appointed private process server (or via Rule 4 certified mail / commercial delivery).
The Critical 5-Day Objection Window (§ 18-60-307(b))
Once the process server completes service of the Unlawful Detainer packet on the tenant and files the sworn Return of Service with the court clerk:
- The tenant has five (5) days (excluding Sundays and legal holidays) from the date of service to file a written objection to the issuance of the Writ of Possession and post the required security/rent into the court registry.
- If the tenant fails to file a written objection within 5 business days of service, the Circuit or District Clerk immediately issues a Writ of Possession without a hearing!
- Because the 5-day clock does not start ticking until the tenant is served, using a private process server for 24-hour rush or same-day service instead of waiting 2 to 3 weeks for the County Sheriff typically saves an Arkansas landlord 14 to 21 days of lost rent.
4. Serving an Order to Vacate Under the 2007 Residential Eviction Procedure (Ark. Code Ann. § 18-17-902)
If a landlord proceeds under the Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code Ann. § 18-17-901 et seq.), the court issues an Order to Vacate (Order to Show Cause) directing the tenant to vacate the premises or appear and show cause within ten (10) days why they should not be ejected.
Under Ark. Code Ann. § 18-17-903:
- The Order to Vacate is served in the same manner as a summons under Ark. R. Civ. P. 4.
- Special Posting Rule After 2 Attempts (
§ 18-17-903(b)): If the tenant cannot be found after two (2) attempts on different days (separated by at least 48 hours where the premises appear occupied, or immediately if the premises appear deserted), the process server may serve the Order to Vacate by leaving a copy affixed to the most conspicuous part of the premises and delivering a copy to the clerk of the court for mailing to the tenant!
5. Stage Two: Executing the Writ of Possession (Ark. Code Ann. § 18-60-310)
Once the 5-day Unlawful Detainer window (or 10-day Order to Vacate window) expires or the court orders eviction after a hearing, the clerk issues a Writ of Possession.
- Sheriff Execution Requirement: Under Ark. Code Ann. § 18-60-310, the Writ of Possession is directed to the County Sheriff.
- The sheriff serves the Writ of Possession on the tenant, giving the tenant at least 24 hours to vacate voluntarily before the deputy returns to supervise the physical lockout and removal of possessions.
6. Fast-Track Eviction Service Across All 75 Arkansas Counties
Whether you manage apartment communities in Little Rock, North Little Rock, Conway, Fayetteville, Springdale, Rogers, Bentonville, Fort Smith, or Jonesboro—or single-family rentals in rural Arkansas counties—our Administrative Order No. 20 process servers deliver:
- Same-Day & 24-Hour Rush Service for 3-day Notices to Quit and Unlawful Detainer packets;
- GPS-Tagged Photographs of all posted notices; and
- Immediate E-Filed / Emailed Returns of Service so your attorney can request the Writ of Possession the moment the 5-day statutory window closes.
Need an Arkansas eviction notice or unlawful detainer served immediately? Submit your eviction service order online or call (501) 472-8315.
Ready to serve your legal documents? Submit your Arkansas service order online now → or call (501) 472-8315 for immediate dispatch anywhere in Arkansas.