Free Arkansas 3-Day Notice to Pay Rent or Quit

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The Arkansas 3-day notice to pay rent or quit is the notice a landlord serves on the civil unlawful-detainer route for nonpayment of rent. Under Ark. Code § 18-17-701 the landlord may act only after the tenant fails to pay within five days of the due date; Ark. Code § 18-60-304 then requires a 3-day notice to quit and written demand for possession before filing suit. A separate criminal track, § 18-16-101, uses a 10-day notice. Generate a compliant civil notice below.

3-Day Notice Ark. Code § 18-17-701 Ark. Code § 18-60-304 Free PDF

An Arkansas 3-Day Notice to Pay Rent or Quit is the written notice a landlord serves before filing a civil unlawful-detainer (eviction) action for nonpayment of rent. It sits inside a two-track Arkansas system. The civil route is governed by the Arkansas Residential Landlord-Tenant Act at Ark. Code § 18-17-701 (which sets a 5-day grace period before the landlord may terminate) and the unlawful-detainer statute Ark. Code § 18-60-304 (which requires a 3-day notice to quit and written demand for possession). A separate criminal statute, Ark. Code § 18-16-101, uses a 10-day failure-to-vacate notice and is controversial. Service rules are at Ark. Code § 18-17-303. This form builds the civil 3-day notice; our Arkansas eviction notice laws guide covers the full process, and the tenant screening laws by state hub helps you place reliable tenants in the first place.

The Arkansas 3-Day Notice to Pay Rent or Quit is the written notice a landlord serves on the civil unlawful-detainer route before asking a court to remove a tenant for nonpayment of rent. It is the procedural prerequisite to filing an unlawful-detainer action under Ark. Code § 18-60-304. Without a properly-drafted, properly-served notice, an Arkansas court will not order possession returned to the landlord for nonpayment.

The notice does three things in one document. First, it demands the past-due rent. The amount should be stated precisely. Late fees, utilities, repair charges, and other non-rent items are best kept out of the demand figure so the tenant knows exactly what full payment would be, and so the notice is not clouded by a dispute over what is actually owed as rent.

Second, it gives the tenant a 3-day deadline to quit. The tenant has three days from delivery to vacate and surrender possession. Under Ark. Code § 18-17-303, mailed service adds three calendar days. Arkansas is unusual here: the civil notice for nonpayment is unconditional. The statute does not give the tenant a right to reinstate the tenancy by paying within the 3 days, though a landlord may choose to accept full payment before filing suit and end the matter.

Third, it states the consequence. The notice tells the tenant that if possession is not surrendered by the deadline, the landlord will file an unlawful-detainer action in circuit or district court to recover possession, unpaid rent, and (where the nonpayment is not in good faith and the landlord is represented) attorney’s fees under Ark. Code § 18-17-701. The form on this page produces that notice with the dates computed and the consequence stated.

The Arkansas nonpayment framework is defined by a two-track structure that has no exact parallel in other states. The Residential Landlord-Tenant Act of 2007 supplies the civil grace period. Ark. Code § 18-17-701 provides that if rent is unpaid when due and the tenant fails to pay within five days from the date due, the landlord may terminate the rental agreement. That five-day window runs before any notice to quit is served.

The civil unlawful-detainer statute is Ark. Code § 18-60-304. It provides that a tenant is guilty of unlawful detainer where the tenant fails or refuses to pay rent when due and, after three days’ notice to quit and written demand for possession by the party entitled to it, refuses to surrender possession. This is the source of the 3-day figure the slug and this form use, and it is the route a landlord follows to obtain a court judgment for possession.

Service rules are at Ark. Code § 18-17-303. A notice may be delivered in hand to the tenant or by any method that effectively brings it to the tenant’s attention, and formal service is by registered or certified mail to the address the tenant designated or the last-known residence. Proof of mailing constitutes notice without proof of receipt, and mailed notice extends the period by three calendar days.

The criminal failure-to-vacate statute at Ark. Code § 18-16-101 is the second, separate track. After ten days’ written notice to vacate, a tenant who willfully refuses to vacate and surrender possession is guilty of a misdemeanor; each day of holdover is a separate offense, and it is a Class B misdemeanor where the tenant has not paid the required rent into the registry of the court. This statute is old, controversial, and has drawn constitutional challenge – it should be understood but not treated as the default nonpayment remedy. This page builds the civil notice, not the criminal one.

One operational rule binds the civil route together: the notice must match the statute and the facts. Serving before the 5-day grace period has run, miscounting the 3 days, forgetting the 3-day mail extension, or serving by a method you cannot prove each risk getting the unlawful detainer dismissed and forcing the landlord to start over.

Because Arkansas offers two very different mechanisms for the same problem, choosing the right one matters. The civil unlawful-detainer route is the mainstream path; the criminal failure-to-vacate route is a separate statute a landlord should approach with caution.

The 3-day period under Ark. Code § 18-60-304 runs in calendar days from the date the notice is delivered. Arkansas does not carve weekends and holidays out of this civil notice count the way some states do, so the practical rule is to count three calendar days and then add any required mail days.

The 5-day grace period comes first. Under Ark. Code § 18-17-701, the landlord may not terminate until the tenant has failed to pay within five days of the due date. Serve the 3-day notice only after that grace window has closed; a notice served during the grace period is premature.

Worked example – hand delivery. Rent is due on the 1st. The 5-day grace period runs through the 6th. If rent is still unpaid, the landlord hand-delivers the 3-day notice on the 7th; the 3-day period ends on the 10th, and the landlord may file unlawful detainer on the 11th if the tenant has not quit.

Worked example – mailed notice. Under Ark. Code § 18-17-303, mailed notice adds three calendar days. If the landlord mails the 3-day notice on the 7th, add the 3 mail days plus the 3 notice days, so the tenant’s deadline moves out accordingly. Because delivery timing is harder to prove with mail, many Arkansas landlords hand-deliver when they can and reserve certified mail for when the tenant cannot be reached.

Build in a cushion. Serving a slightly longer period than the statutory minimum never hurts the landlord – the extra time works only in the tenant’s favor and creates no defect. What does create a defect is serving short: filing an unlawful detainer before the full 3-day period (plus any mail days) has run gives the tenant a clean ground to have the case dismissed. When in doubt, add a day and recount.

Complete the form below to generate an Arkansas 3-Day Notice to Quit for Nonpayment of Rent on the civil unlawful-detainer route. The form computes the deadline from the service date and method, states the past-due amount, and includes the consequence language. Serve in accordance with Ark. Code § 18-17-303. If served by mail, the 3-day mail extension applies.

Ark. Code § 18-17-303 governs how a landlord serves a notice under the Arkansas Residential Landlord-Tenant Act. A notice may be delivered in hand or by any method that effectively brings it to the tenant’s attention, and formal service is by registered or certified mail. The point is to be able to prove that the tenant received – or was deemed to have received – the notice.

Proof of service

A proof of service should be completed by the person who served the notice. It states the date, time, location, method, and recipient of service. If the unlawful-detainer action is filed, this record supports the landlord’s showing that the 3-day notice was properly served under Ark. Code § 18-17-303 before suit.

Documentation retention

Retain the signed original notice, the proof of service, the certified-mail receipt, and any photographs of a posting. If the tenant surrenders possession, the record supports the move-out; if the case is contested, the same record is what the court will look to in deciding whether the notice was proper and timely.

A California-style pay-or-quit notice gives the tenant a statutory right to cure by paying inside the notice window. The Arkansas civil notice is different. Under Ark. Code § 18-17-701 the landlord may terminate the rental agreement once the 5-day grace period has passed, and the unlawful-detainer statute at § 18-60-304 speaks of a notice to quit, not a notice to pay. The result is that the Arkansas nonpayment notice is unconditional: the tenant has no statutory right to force the landlord to accept a late payment and stay.

What this means for the tenant. Once the notice is served, the tenant’s clear statutory option is to vacate. Any payment during the period is at the landlord’s discretion. A tenant who wants to preserve the tenancy should treat the 5-day grace period as the real deadline to pay, because after termination the landlord is not obligated to reinstate.

What this means for the landlord. Many Arkansas landlords still state the past-due amount and will accept full payment before filing suit, effectively running the notice as a pay-or-quit in practice. That is a business choice, not a tenant right. Stating the amount is still valuable: it documents the exact rent owed, supports the good-faith analysis under § 18-17-701 for attorney’s fees, and gives the tenant a clear number if the landlord is willing to take payment.

Arkansas is the only state that still keeps a criminal statute on the books for a tenant’s holdover after nonpayment. Ark. Code § 18-16-101 provides that after ten days’ written notice to vacate, a tenant who willfully refuses to vacate and surrender possession is guilty of a misdemeanor. Each day the tenant unnecessarily holds the property after the notice expires is a separate offense, and it becomes a Class B misdemeanor where the tenant has not paid the required rent into the registry of the court.

Why it is controversial. Criminalizing a holdover for unpaid rent is unusual, and the statute has drawn constitutional challenges and criticism from tenant advocates. A landlord who pursues the criminal track invites scrutiny and may face defenses the civil route never raises. For that reason the mainstream Arkansas practice – and the route this form builds – is the civil unlawful detainer, not the criminal 10-day notice.

When it is mentioned on the notice. Some landlords note on the civil notice that a separate criminal statute exists, chiefly to convey the seriousness of a holdover. The generator on this page can add that note if you select the corresponding option, but the notice itself remains a civil 3-day notice to quit. If you are considering actually invoking § 18-16-101, get local counsel first.

• Serving before the 5-day grace period runs. Ark. Code § 18-17-701 requires the landlord to wait until the tenant has failed to pay within five days of the due date. A 3-day notice served during the grace window is premature.
• Miscounting the 3 days. The civil period runs three calendar days from delivery under § 18-60-304. Filing before it expires defeats the action.
• Forgetting the 3-day mail extension. Under § 18-17-303, mailed notice adds three calendar days. Filing without the add-on invites dismissal for filing too early.
• Overstating the amount demanded. Mixing late fees, utilities, or repair charges into the rent figure clouds the demand. State the past-due rent only.
• Using a method you cannot prove. Serve by hand, by a method that brings the notice to the tenant’s attention, or by registered or certified mail – and keep the proof.
• Reaching for the criminal statute by default. Ark. Code § 18-16-101 is controversial and constitutionally contested; the civil route is the safer, mainstream path.
• Using self-help. Changing locks, removing belongings, or shutting off utilities is illegal in Arkansas and exposes the landlord to damages. Use the court process.
• Inconsistent landlord/tenant identification. Name all tenants on the lease, and identify the landlord or agent consistently with the lease and the eviction caption.

Arkansas is often described as the most landlord-favorable state, but tenants served with a nonpayment notice still have meaningful protections. Understanding them helps a landlord keep the process clean.

Right to the full statutory period. The tenant is entitled to the full 5-day grace period before termination and the full 3-day notice period (plus any mail days) before an unlawful detainer may be filed. A short-served notice is a defense to the action.

Right to require the court process. A landlord cannot use self-help. Ark. Code § 18-16-110 and the Residential Landlord-Tenant Act require the landlord to obtain a court judgment; lockouts, utility shutoffs, and removal of belongings are unlawful and expose the landlord to damages.

Right to deposit rent and contest a criminal charge. A tenant charged under the criminal statute § 18-16-101 who pleads not guilty and stays in possession must deposit the rent due into the registry of the court, and those deposits continue during the case. This preserves the tenant’s ability to contest the charge while protecting the landlord’s rent.

Right to fair-housing protection. The federal Fair Housing Act prohibits eviction decisions based on race, color, religion, sex, national origin, familial status, or disability. A nonpayment notice used as a cover for a discriminatory motive is unlawful even though the rent is genuinely owed.

No general state retaliation bar. Unlike most states, Arkansas has no broad statutory anti-retaliation provision for residential tenants, so the main external limit on a nonpayment eviction is the federal fair-housing rule rather than a state retaliation defense. That makes procedural precision – not motive litigation – the tenant’s usual line of defense.

Arkansas has no statewide rent control and, unlike most states, no general residential anti-retaliation statute, so the civil unlawful-detainer procedure and the federal fair-housing rule are the framework that matters most for a nonpayment eviction. See our guide to Arkansas eviction procedure for the full process and court steps.

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