As reported by Northwest Arkansas Democrat-Gazette, Fayetteville, AR, has a cost-burdened rate of 35%. Cost-burdened means that renters pay over a third of their monthly income for rent alone. So, it's also no wonder many of the city's renters are at risk of getting evicted.
As a Fayetteville landlord, evictions should be your last option, as they can be lengthy and expensive. Still, it's within your right to evict tenants, but you must follow all applicable legal eviction steps.
Read on as our team of property management experts at Allred Properties will discuss the legal eviction process in Fayetteville, AR.
Have Valid Grounds
Arkansas Code Title 18, Subtitle 2, Chapter 17 governs the state's rental housing laws. Here, you'll find applicable renter and landlord rights in Fayetteville. It also covers tenant eviction laws in AR.
Section 18-17-901 of the AR Code outlines the following valid grounds for eviction, also called "unlawful detainer," in the state:
- Failure to pay rent on time or when demanded
- Tenancy or occupancy term has ended
- Violations of the rental agreement's terms and conditions
So, the first step to evicting a tenant in your Fayetteville property is to have a legal reason (any of the above). You can't force them to leave without valid grounds or probable cause.
Follow Eviction Notice Guidelines
According to the Arkansas Attorney General's website, landlords must give three-day notice to tenants who don't pay their rent on time. The advanced notice gives renters three days to pay what they owe or vacate the property. If tenants fail to do either within the provided time, the landlord can start the eviction case.
What if you're evicting a tenant for non-compliance with the lease agreement? For instance, say you discovered your renter has three dogs when your pet-friendly rental policy only allows for two.
In that case, you must serve the tenant a 14-day notice explaining their non-compliance and requiring them to remedy the breach within 14 days, per AR Code Section 18-17-701. Failure to correct the issue will result in the agreement's termination and the tenant's eviction if they don't vacate the property.
File the Eviction Case
If the tenant doesn't leave after the allowed time, you can file the eviction case with the district court with jurisdiction over your property. For example, it can be the Fayetteville District Court or Washington County Courthouse. If you can't do it yourself, you can have someone else act as your agent, for instance, your in-house property manager.
After you win the case, the court will issue an order requiring the tenant to leave your property. A law enforcement officer with the court order will remove the tenant on your behalf.
Always Follow the Legal Process for Evictions
Remember: Evictions in Fayetteville, AR, are legal processes, and you must carry them out according to state laws. Otherwise, your tenants can also sue you in court.
You can minimize the risk of evictions by partnering with our full-service property management company, Allred Properties. We've served Northwest Arkansas for over 25 years and are a proud member of the National Association of Residential Property Managers and Institute of Real Estate Management. Through our comprehensive tenant screening, expert leasing management skills, and eviction services, we can help you avoid and protect yourself from evictions.
Reach out to us today for your complimentary property consultation!