# Ark. Code Ann. § 18-60-304: Actions constituting unlawful detainer

> Arkansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-304

## Section

- **Citation:** Ark. Code Ann. § 18-60-304
- **Heading:** Actions constituting unlawful detainer
- **Jurisdiction:** Arkansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** AR Code / Title 18 / Chapter 60 / Subchapter 3 / Section 18-60-304

## Text

A person shall be guilty of an unlawful detainer within the meaning of this subchapter if the person shall, willfully and without right: (1) Hold over any land, tenement, or possession after the determination of the time for which it was demised or let to him or her, or the person under whom he or she claims; (2) Peaceably and lawfully obtain possession of any land, tenement, or possession and hold it willfully and unlawfully after demand made in writing for the delivery or surrender of possession of the land, tenement, or possession by the person having the right to possession or his or her agent or attorney; (3) Fail or refuse to pay the rent for the land, tenement, or possession when due, and after three (3) days' notice to quit and demand made in writing for the possession of the land, tenement, or possession by the person entitled to the land, tenement, or possession or his or her agent or attorney, shall refuse to quit possession; (4) Fail to maintain the premises in a safe, healthy, or habitable condition; or (5) Cause or permit the premises to become: (A) A common nuisance subject to abatement under: (i) Section 14-54-1501 et seq.; (ii) The Arkansas Drug Abatement Act of 1989, § 16-105-401 et seq.; or (iii) Any other law of this state; or (B) A public or common nuisance under § 14-54-1701 et seq. as determined by a criminal nuisance abatement board. Acts 1981, No. 615, § 4; A.S.A. 1947, § 34-1504; Acts 2005, No. 1431, § 1.

A person shall be guilty of an unlawful detainer within the meaning of this subchapter if the person shall, willfully and without right:

(1) Hold over any land, tenement, or possession after the determination of the time for which it was demised or let to him or her, or the person under whom he or she claims;

(2) Peaceably and lawfully obtain possession of any land, tenement, or possession and hold it willfully and unlawfully after demand made in writing for the delivery or surrender of possession of the land, tenement, or possession by the person having the right to possession or his or her agent or attorney;

(3) Fail or refuse to pay the rent for the land, tenement, or possession when due, and after three (3) days' notice to quit and demand made in writing for the possession of the land, tenement, or possession by the person entitled to the land, tenement, or possession or his or her agent or attorney, shall refuse to quit possession;

(4) Fail to maintain the premises in a safe, healthy, or habitable condition; or

(5) Cause or permit the premises to become: (A) A common nuisance subject to abatement under: (i) Section 14-54-1501 et seq.; (ii) The Arkansas Drug Abatement Act of 1989, § 16-105-401 et seq.; or (iii) Any other law of this state; or (B) A public or common nuisance under § 14-54-1701 et seq. as determined by a criminal nuisance abatement board.

(A) A common nuisance subject to abatement under: (i) Section 14-54-1501 et seq.; (ii) The Arkansas Drug Abatement Act of 1989, § 16-105-401 et seq.; or (iii) Any other law of this state; or

(i) Section 14-54-1501 et seq.;

(ii) The Arkansas Drug Abatement Act of 1989, § 16-105-401 et seq.; or

(iii) Any other law of this state; or

(B) A public or common nuisance under § 14-54-1701 et seq. as determined by a criminal nuisance abatement board.

Acts 1981, No. 615, § 4; A.S.A. 1947, § 34-1504; Acts 2005, No. 1431, § 1.

## Nearby sections

- [Ark. Code Ann. § 18-60-301 Legislative intent](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-301.md)
- [Ark. Code Ann. § 18-60-302 Improper entry prohibited](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-302.md)
- [Ark. Code Ann. § 18-60-303 Actions constituting forcible entry and detainer](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-303.md)
- [Ark. Code Ann. § 18-60-304 Actions constituting unlawful detainer](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-304.md)
- [Ark. Code Ann. § 18-60-305 Applicability to all estates](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-305.md)
- [Ark. Code Ann. § 18-60-306 Jurisdiction - Definition](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-306.md)
- [Ark. Code Ann. § 18-60-307 Proceedings in court](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-307.md)
- [Ark. Code Ann. § 18-60-308 Title to premises not adjudicated](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-308.md)
- [Ark. Code Ann. § 18-60-309 Judgment for plaintiff - Assessment of damages - Writs of possession and restitution](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-309.md)
- [Ark. Code Ann. § 18-60-310 Execution of writ of possession](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-310.md)
- [Ark. Code Ann. § 18-60-311 Judgment for defendant](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-311.md)
- [Ark. Code Ann. § 18-60-312 Other causes of action not precluded](https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-312.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T18_C60_S3_S18-60-304. Check the current official text before relying on it. Not legal advice.