Fill and Sign the Arkansas Detainer Form

© 2016, U.S. Legal Forms, Inc. ARKANSAS LANDLORD TENANT EVICTION / UNLAWFUL DETAINER FORMS PACKAGE Control Number: AR-EVIC-PKG U.S. Legal Forms™ thanks you for your purchase of a Landlord Tenant Eviction / Unlawful Detainer Forms Package. This package contains essential legal documents needed for a landlord seeking an eviction. TABLE OF CONTENTS I. Form List with Descriptions II. Descriptions of Forms III. Selected Arkansas Statutes IV. Tips on Completing the Forms V. Disclaimer I. FORM LIST With your Landlord Tenant Eviction / Unlawful Detainer Forms Package, you will find the state- specific forms that will help a landlord evict an unwanted tenant. Included in your package are the following forms: 1. Notice of Breach of Written Lease for Violating Specific Provisions of Lease with No Right to Cure for Nonresidential Property from Landlord to Tenant 2. 14 Day Notice to Pay Rent or Lease Terminates for Residential Property 3. Letter from Landlord to Tenant with 30 day notice of Expiration of Lease and Nonrenewal by Landlord - Vacate by Expiration 4. 10 Day Notice of Termination of Lease - Nonresidential - 10 Days Notice 5. Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term 6. Affidavit In Support of Complaint 7. General Affidavit II. DESCRIPTIONS OF FORMS Brief descriptions of the forms contained in your U.S. Legal Forms™ Landlord Tenant Eviction / Unlawful Detainer Forms Package are found below. Notice of Breach of Written Lease for Violating Specific Provisions of Lease with No Right to Cure for Nonresidential Property from Landlord to Tenant - This form is to for a landlord to provide notice of breach of a written lease for violating a specific provision of lease with no right to cure. It is for a non-residential lease. You insert the specific breach in the form. The lease should contain the specific provision which has been violated and provide that violation of that provision that cannot be cured, or the statutory law must state that this particular breach cannot be cured. This form is for use when a form for your specific situation is not available. 14 Day Notice to Pay Rent or Lease Terminates for Residential Property - This form is used by a landlord to demand payment of overdue rent from a residential tenant within 14 days from giving the notice in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment or condo. If the tenant fails to pay within 14 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay, the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated. Letter from Landlord to Tenant with 30 day notice of Expiration of Lease and Nonrenewal by Landlord - Vacate by Expiration - This is a letter from a landlord to a tenant for the purpose of the landlord submitting a letter to the tenant for a variable amount of days, setting notice of the expiration of the lease and informing the tenant of non-renewal of the lease, with the tenant vacating at the end of the expiration of the lease. 10 Day Notice of Termination of Lease - Nonresidential - 10 Days Notice - This form is used by the landlord to terminate a non-residential lease due to notice of termination of lease. "Non- residential" includes commercial, industrial, etc. property. The reason for termination is identified and the tenant is given no chance to cure the breach. In this situation, either the tenant has already failed to cure, or the breach is such that cure is not possible. Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term - Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property. An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Arkansas requires a supporting affidavit to accompany the complaint. Affidavit In Support of Complaint - This is a sample of an affidavit that is used to accompany a complaint for unlawful detainer / eviction, as required by Arkansas state statutes. General Affidavit - This is a general affidavit that can be customized to fit the facts in your situation and filed with a complaint for unlawful detainer/eviction. If you need additional information, please visit www.uslegalforms.com and look up forms by subject matter. You may also wish to visit our legal definitions page at http://definitions.uslegal.com/ III. SELECTED ARKANSAS STATUTES 18-16-101. Failure to pay rent — Refusal to vacate upon notice — Penalty. (a) Any person who shall rent any dwelling house or other building or any land situated in the State of Arkansas and who shall refuse or fail to pay the rent therefor when due according to contract shall at once forfeit all right to longer occupy the dwelling house or other building or land. (b)(1) If, after ten (10) days' notice in writing shall have been given by the landlord or the landlord's agent or attorney to the tenant to vacate the dwelling house or other building or land, the tenant shall willfully refuse to vacate and surrender the possession of the premises to the landlord or the landlord's agent or attorney, the tenant shall be guilty of a misdemeanor. (2) Upon conviction before any justice of the peace or other court of competent jurisdiction in the county where the premises are situated, the tenant shall be fined twenty-five dollars ($25.00) per day for each day that the tenant fails to vacate the premises. (c)(1) Any tenant charged with refusal to vacate upon notice who enters a plea of not guilty to the charge of refusal to vacate upon notice and who continues to inhabit the premises after notice to vacate pursuant to subsection (b) of this section shall be required to deposit into the registry of the court a sum equal to the amount of rent due on the premises. The rental payments shall continue to be paid into the registry of the court during the pendency of the proceedings in accordance with the rental agreement between the landlord and the tenant, whether the agreement is written or oral. (2)(A) If the tenant is found not guilty of refusal to vacate upon notice, the rental payments shall be returned to the tenant. (B) If the tenant is found guilty of refusal to vacate upon notice, the rental payment paid into the registry of the court shall be paid over to the landlord by the court clerk. (3) Any tenant who pleads guilty or nolo contendere to or is found guilty of refusal to vacate upon notice and has not paid the required rental payments into the registry of the court shall be guilty of a Class B misdemeanor. 18-17-901. Grounds for eviction of tenant. (a) A landlord or his or her agent may commence eviction proceedings against a tenant in a district court having jurisdiction over the eviction proceeding, when: (1) The tenant fails or refuses to pay the rent when due or when demanded; (2) The term of tenancy or occupancy has ended; or (3) The terms or conditions of the rental agreement have been violated. (b) For residential rental agreements, nonpayment of rent within five (5) days of the date due constitutes legal notice to the tenant that the landlord has the right to begin eviction proceedings under this chapter. 18-17-902. Eviction proceeding. (a)(1)(A) When grounds exist for eviction of a tenant under this subchapter, a landlord or his or her agent may commence an action for eviction by filing with a district court having jurisdiction a complaint and supporting affidavit of eviction that specifies the grounds for the eviction. (B) The supporting affidavit shall be signed by a person with personal knowledge of the grounds for eviction. (2) The fee for filing an action under this chapter by a complaint with supporting affidavit of eviction shall be as provided in § 16-17-705. (b) Upon the filing by the landlord or his or her agent or attorney of a complaint and supporting affidavit of eviction, the district court shall issue an order requiring the tenant to vacate the occupied premises or to show cause why he or she should not be evicted by the court within ten (10) calendar days after the date of service of a copy of the order upon the tenant. IV. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. V. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. 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