Arkansas Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

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US-03314BG
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Description

Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.


Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.

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FAQ

?Failure to vacate? (criminal eviction) is a criminal statute that authorizes the state of Arkansas to impose fines and other criminal penalties upon tenants who fail to pay rent to their landlords. Failure to vacate may only be used in cases of non-payment of rent.

(b)(1) Punishment for contempt is a Class C misdemeanor. (2) A court shall always have power to imprison until its adjournment. (3) When any person is committed to prison for the nonpayment of any such fine, he or she shall be discharged at the expiration of thirty (30) days.

18-16-105. Termination of oral lease of farmlands.

(a) Upon the voluntary or involuntary termination of any lease agreement, all property left in and about the premises by the lessee shall be considered abandoned and may be disposed of by the lessor as the lessor shall see fit without recourse by the lessee.

§ 18-16-101 - Failure to pay rent -- Refusal to vacate upon notice -- Penalty. 18-16-101.

In Arkansas, a landlord may pursue a tenant in a civil action for an ?unlawful detainer.? Unlawful detainer actions require a landlord to provide you with a three days' written notice to vacate. If you do not leave, the landlord can sue by filing a complaint against you in court.

§ 18-60-304. Unlawful detainer is common to all property evictions. If the defect is not cured after the required time to do so, send a notice to vacate.

Landlord's liability arising from alleged defects or disrepair of premises.

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Arkansas Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand