Arkansas Tenant Not Paying Rent: Five-Day Threshold and Civil Three-Day Demand
Arkansas residential law permits termination when rent remains unpaid through five days after it is due. A landlord choosing the civil unlawful-detainer route must separately give a three-day written notice to quit and demand possession. A district-court eviction route in § 18-17-901(b) treats five days of nonpayment as legal notice; the two paths should not be combined into a fictional universal notice.
- Ark. Code § 18-17-701(b) allows termination if rent remains unpaid within five days from its due date.
- The civil unlawful-detainer route in § 18-60-304(3) calls for three days' written notice to quit and demand for possession.
- The separate district-court route in § 18-17-901(b) treats five days of residential nonpayment as legal notice to begin that chapter's proceeding.
Built around the requirements of Ark. Code §§ 18-17-701(b), 18-60-304(3).
Is the five-day period a notice?
For residential district-court proceedings under § 18-17-901(b), five days of nonpayment after the due date constitutes legal notice. For civil unlawful detainer based on nonpayment under § 18-60-304(3), the statute also calls for a separate three-day written notice to quit and demand for possession.
What if the tenant pays or the lease gives more time?
Payment, credits, or a longer contractual grace period can change the analysis. Reconcile base rent and review the signed agreement before delivering a demand.
What happens after the written demand?
If the tenant remains after a valid demand, use the appropriate Arkansas court process. A notice does not itself transfer possession to the landlord.
Common mistakes to avoid
Arkansas legal authority
Legal information reviewed October 5, 2026.
Frequently asked questions
Must every Arkansas landlord give a three-day notice for unpaid rent?
The three-day written demand is part of the civil unlawful-detainer path in § 18-60-304(3). The separate residential district-court procedure in § 18-17-901(b) treats five days of nonpayment as legal notice under that chapter.
Can I file immediately when rent is late?
The residential termination rule in § 18-17-701(b) allows five days from the due date for payment, and a lease may allow longer.
Need to prepare the Arkansas notice?
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