[AR] Can I use a 3-day notice, or a 30-day notice to evict a month-to-month tenant?

AR Landlord-Tenant

Charlie

23,758 satisfied customers

View context

Solved

In Arkansas, because this person has lived in your home for 3 years and pays rent, the law likely considers him a tenant, even if:

there is no written lease
he is not on the mortgage
you were in a relationship

That means you must follow Arkansas eviction procedures, and the police were correct that he must receive formal notice first.

1. A 3-Day Notice Is Usually Not the Correct Notice in This Situation

In Arkansas, the notice depends on the type of eviction.

Common types:

Failure to pay rent → 3-Day Notice to Vacate (criminal eviction statute)
Ending a month-to-month tenancy → 30-Day Notice (AR Code § 18-17-704(b))

Since he has lived there for years and pays rent, this is usually treated as a month-to-month tenancy, which normally requires 30 days’ notice to terminate the tenancy.

A 3-day notice is generally only used when:

the tenant fails to pay rent, or
the lease specifically allows it

2. Proper Service of the Notice

The notice must be properly delivered. Typical methods include:

personally handing it to him
leaving it at the residence
sometimes posting and mailing

Police usually do not remove someone based only on the notice. It just starts the eviction process.

3. If He Does Not Leave After the Notice

If he stays after the notice period expires, the next step is to file an eviction in court.

In Arkansas this is typically called:

Unlawful Detainer (civil eviction)

The process generally involves:

Filing the eviction case in district or circuit court
Court issues a summons
The tenant is formally served
A judge schedules a hearing
If you win, the court issues a Writ of Possession
The sheriff removes the person if necessary

4. Important: Do Not Use “Self-Help” Eviction

Do not:

change the locks
remove his belongings
shut off utilities
force him out physically

Doing this can create legal problems for you, even though you own the house.

5. If Safety Is an Issue

Because you mentioned alcohol problems and police involvement, you may also consider:

requesting a protective order
asking police about a domestic disturbance report

If a protective order is granted, the court can sometimes require the person to leave the home immediately.

6. Fastest Practical Option

If you want him out as quickly as possible, many Arkansas homeowners:

Serve the proper written notice
File unlawful detainer immediately after the notice period
Request expedited hearing

Arkansas Lease Termination Letter Form | 30-Day Notice

Create Document

Full Conversation

I am in Arkansas. Can I give 3 days notice to evict someone from my home?

Lexi, Chatbot

I understand that dealing with eviction can be a stressful situation. Have you already provided any written notice to the person you wish to evict?

Today I am using your forms here online.

Charlie

Hello, my name is Charlie, and I am a licensed attorney. Please allow me a moment to review your question, and I will be right with you.

I know legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and provide you with the information that you need. Let’s work together to find the right information for your situation.

Charlie

How long has this person lived with you?

3 years

We are not married and he is not on my mortgage.

Charlie

Is there a lease?

No.

Charlie

Does the person pay you rent?

He is an alcoholic and I just want him out of my house ASAP

Yes he does

Charlie

Have you already asked him to vacate?

I have told him to leave and the cops were called last night. They said I had to give him a notice.

And he has to be served.

Charlie

Sorry to hear of this issue.

Charlie

In Arkansas, because this person has lived in your home for 3 years and pays rent, the law likely considers him a tenant, even if:

there is no written lease
he is not on the mortgage
you were in a relationship

That means you must follow Arkansas eviction procedures, and the police were correct that he must receive formal notice first.

1. A 3-Day Notice Is Usually Not the Correct Notice in This Situation

In Arkansas, the notice depends on the type of eviction.

Common types:

Failure to pay rent → 3-Day Notice to Vacate (criminal eviction statute)
Ending a month-to-month tenancy → 30-Day Notice (AR Code § 18-17-704(b))

Since he has lived there for years and pays rent, this is usually treated as a month-to-month tenancy, which normally requires 30 days’ notice to terminate the tenancy.

A 3-day notice is generally only used when:

the tenant fails to pay rent, or
the lease specifically allows it

2. Proper Service of the Notice

The notice must be properly delivered. Typical methods include:

personally handing it to him
leaving it at the residence
sometimes posting and mailing

Police usually do not remove someone based only on the notice. It just starts the eviction process.

3. If He Does Not Leave After the Notice

If he stays after the notice period expires, the next step is to file an eviction in court.

In Arkansas this is typically called:

Unlawful Detainer (civil eviction)

The process generally involves:

Filing the eviction case in district or circuit court
Court issues a summons
The tenant is formally served
A judge schedules a hearing
If you win, the court issues a Writ of Possession
The sheriff removes the person if necessary

4. Important: Do Not Use “Self-Help” Eviction

Do not:

change the locks
remove his belongings
shut off utilities
force him out physically

Doing this can create legal problems for you, even though you own the house.

5. If Safety Is an Issue

Because you mentioned alcohol problems and police involvement, you may also consider:

requesting a protective order
asking police about a domestic disturbance report

If a protective order is granted, the court can sometimes require the person to leave the home immediately.

6. Fastest Practical Option

If you want him out as quickly as possible, many Arkansas homeowners:

Serve the proper written notice
File unlawful detainer immediately after the notice period
Request expedited hearing

Can you send me the correct form or see if I did it right?

Charlie

No. It is a 30 day notice to vacate.

I need to do it over?

Charlie

If you did a 3 day notice it is not correct.

Okay thank you.

Charlie

You are welcome.

Is using the words alcoholic and mental and physically abuse right to use?

Charlie

You do not have to include a reason on a 30 day notice.

Ok thank you, Charlie.

Charlie

You are welcome. I wish you the best!

Charlie

23,758 satisfied customers

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Liz

Lawyer

4.75 (43,836)

[MI] Does a fixed-term lease convert to month-to-month after it ends if a 30-day notice to vacate is given?

Answered 3 hours ago

Clay G., Esq.

Attorney

4.67 (5,260)

[MT] How can I remove my spouse from a newly signed lease if we separate before moving in?

Answered 15 hours ago

Lawyer, Esquire

Attorney at Law

5.00 (25)

[VA] What documents are needed to support an eviction for tenant-caused property damage when personally serving notice?

Answered 16 hours ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.