Unfortunately, self-help evictions are a common occurrence in Arkansas, subjecting tenants to everything from lockouts to utility shutoffs to the removal of doors or locks. However, self-help evictions are not legal in Arkansas. We will provide a brief overview of the rights tenants have and how to address a self-help eviction.

What is a “self-help” eviction?

A self-help eviction is an eviction that isn’t ordered by a court. Generally, a landlord must file an “unlawful detainer” lawsuit to evict a tenant. These lawsuits can be based on criminal activity, non-payment of rent, or any other violation of a lease’s terms. During an unlawful detainer lawsuit, the court will rule on possession of the property and may issue a “writ of possession” ordering the removal of a tenant. 

If a landlord attempts to remove a tenant by, for example, locking them out, shutting off their utilities, or removing their doors/door handles, the landlord is performing a self-help eviction. However, these are not the only ways a landlord can perform a self-help eviction. An eviction completed following Arkansas law requires that a sheriff serve a tenant with a writ of possession. Any eviction that does not involve a sheriff or a writ of possession is a self-help eviction.

When a landlord tries to kick me out, what are my rights as a tenant?

 Generally speaking, a tenant is entitled to possession of a property until a court decision states otherwise. This means that even if you are late on rent, smoke a cigarette indoors, or do anything else that might break your lease, your landlord is not allowed to remove you from the property without a court order. The bottom line is that once you sign a lease, you have a contractual right to stay on the leased property. 

What happens if a landlord performs a self-help eviction?

 You might be wondering, “what if my landlord kicks me out without a court order?” If so, good question! The simple answer is that you should call the police and tell them that your landlord is trying to evict you without a court order. It doesn’t matter if your landlord has locked you out of the property or shut off the utilities, the police need to be informed, and a report needs to be made. 

This might lead you to another question, “what if the police are helping my landlord evict me?” There isn’t an easy answer. Generally, police officers should not be involved in an eviction. Evictions are an issue that is handled by County Sheriffs rather than city police departments, but police sometimes get involved. However, the first step is the same as above: call the police and inform them that a self-help eviction is being performed and that there are police officers involved. This may not stop the eviction, depending on the response of the individual police department and officers, but it should. 

The next step, in either case, is to call an attorney. The Center for Arkansas Legal Services can assist eligible individuals with addressing self-help evictions and provide other information to tenants regarding their rights. If you need legal help with this issue, you can apply for services online at the link above or call our helpline at 501-376-3423.

 Additional information:

Ark. Code. Ann. § 18-60-302

Gorman v. Ratliff, 289 Ark. 332, 712 S.W.2s 888 (1986)

AUTHOR: JACK TAYLOR, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES