How do I evict a week to week tenant in Arkansas?
Full Question:
Answer:
Week to week tenants occupy the property under what is called a periodic tenancy.
The following are excerpts from the Arkansas statutes regarding termination of a periodic tenancy.
Section 18-17-704. Periodic tenancy — Holdover remedies.
(a) The landlord or the tenant may terminate a week-to-week tenancy by
a written notice given to the other at least seven (7) days before the
termination date specified in the notice.
(b) The landlord or the tenant may terminate a month-to-month tenancy
by a written notice given to the other at least thirty (30) days before
the termination date specified in the notice.
(c)(1) If the tenant remains in possession without the landlord's
consent after expiration of the term of the rental agreement or its
termination, the landlord may bring an action for possession.
(2) If the holdover is not in good faith, the landlord may recover
reasonable attorney's fees.
(3) If the tenant's holdover is a willful violation of the provisions
of this chapter or the rental agreement, the landlord may also recover an
amount not more than three (3) months periodic rent or twice the actual
damages sustained by him or her, whichever is greater and reasonable
attorney's fees.
(4) If the landlord consents to the tenant's continued occupancy, §
18-17-401(c) applies.
Section 18-17-701. Noncompliance with rental agreement — Failure to pay rent —
Removal of evicted tenant's personal property. (updated 2009)
(a)(1) Except as provided in this chapter, if there is a noncompliance
by the tenant with the rental agreement, the landlord may deliver a
written notice to the tenant specifying the acts and omissions
constituting the noncompliance and that the rental agreement will
terminate upon a date not less than fourteen (14) days after receipt of
the notice, if the noncompliance is not remedied in fourteen (14) days.
(2) The rental agreement shall terminate as provided in the notice
unless the noncompliance is remediable by repairs or otherwise and the
tenant adequately remedies the noncompliance before the date specified in
the notice.
(b) If rent is unpaid when due and the tenant fails to pay rent within
five (5) days from the date due, the landlord may terminate the rental
agreement.
(c)(1) Except as provided in this chapter, the landlord may recover
actual damages and obtain injunctive relief, judgments, or evictions in
circuit court or district court without posting bond for any
noncompliance by the tenant with the rental agreement.
(2) If the tenant's noncompliance is willful other than nonpayment of
rent, the landlord may recover reasonable attorney's fees, provided the
landlord is represented by an attorney.
(3) If the tenant's nonpayment of rent is not in good faith, the
landlord is entitled to reasonable attorney's fees, provided the landlord
is represented by an attorney.
