How to Evict a Roommate Not on the Lease in Arkansas

If you’re renting in Arkansas and need to evict a roommate who is not on the lease, understanding your legal rights and the proper process is crucial. Arkansas law treats roommates and tenants differently, and evicting someone who isn’t on the lease (an “unauthorized occupant”) has specific requirements. This guide walks you through the process step-by-step, explains official eviction forms, and links to authoritative Arkansas legal resources.

Understanding Roommates vs. Tenants in Arkansas

In Arkansas, a tenant is someone who has signed a lease agreement with the landlord. A roommate who hasn’t signed the lease is usually considered an “occupant” or “guest.” Even though they’re not on the lease, they may establish rights by living in the rental and paying rent or sharing expenses.

• If your roommate pays you directly and not the landlord, you are considered the “master tenant.”
• Roommates not on the lease do not have a direct agreement with the landlord, but must still follow state and local laws.

When Can You Legally Evict a Roommate?

You may wish to evict a roommate for nonpayment of rent, violating house rules, or other reasons. Evicting someone not on the lease is legally similar to removing an unauthorized occupant or a guest who refuses to leave. You cannot simply change the locks or physically remove them. Instead, Arkansas requires that you use the state court system for removal, following all notice and filing rules.

Step 1: Ask Your Roommate to Leave Voluntarily

It’s always easiest to first request—preferably in writing—that your roommate moves out by a certain date. This can prevent misunderstandings and provides evidence if the situation escalates.

Step 2: Serve a Written Notice to Vacate

If the roommate refuses to leave after your request, you must provide a formal “Notice to Quit” (notice to vacate). In Arkansas:

• 3-Day Notice to Quit: Used if the roommate fails to pay agreed rent.
• 14-Day Notice to Quit: Used if your roommate broke other agreed-upon rules (like causing damage or violating terms).

You should deliver this notice personally or post it on their door, and keep a copy for your records.

Step 3: File for Eviction in District Court

If your roommate remains after the notice period, you must file an “Unlawful Detainer” lawsuit at your local Arkansas District Court (the official body handling residential evictions).

• Official form: Unlawful Detainer Complaint
• How to use: Complete the complaint, attach your Notice to Quit, and submit it to the district court with the filing fee. The court will issue a summons for your roommate.
• Find forms and filing instructions using Arkansas District Court official forms.

The court will set a hearing where both sides can present their case. If the judge decides in your favor, the roommate will be ordered to leave, and if necessary, a sheriff can enforce the order. Do not attempt self-eviction measures like removing their belongings, shutting off utilities, or changing locks before a court order is issued—this is illegal under Arkansas law.

Important Arkansas Eviction Forms

• Notice to Quit (No official state form; write your own): Include your name, your roommate's name, the rental property address, the reason for removal, date, and signature. Use it to demand your roommate move out by the end of the notice period. Sample format and more details can be viewed in Arkansas District Court guidelines.
• Unlawful Detainer Complaint (Form not standardized, but templates available from courts): Used to file eviction if your roommate ignores the Notice to Quit. Submit to your local District Court alongside your notice and any supporting evidence.
• Summons and Writs: Issued by the court after filing, instructing your roommate to appear and ordering removal if you win. The court staff prepares these forms for you after your case is filed.

For more explanation on filing complaints or obtaining forms, visit the Arkansas District Court's official district court resources.

Relevant Arkansas Housing Law

The laws governing rental agreements, including shared housing and evictions, are found in the Arkansas Code Title 18, Chapter 17 – Residential Landlord and Tenant Act of 2007.^[1] It addresses tenants' and landlords’ rights, proper notice, and eviction procedures. Since roommates not on the lease have less protection, following formal eviction steps ensures you comply with the law.

Arkansas Roommate Eviction: Step-by-Step Recap

• Ask the roommate to leave in writing.
• Serve the correct written notice (3-day or 14-day) based on the issue.
• Gather documentation (messages, receipts, etc.).
• File an Unlawful Detainer complaint with your local District Court with the notice attached.
• Attend the court hearing; let the court handle final removal if the judgment is in your favor.

This process protects your rights while ensuring compliance with Arkansas law.

FAQs: Evicting a Roommate Not on the Lease in Arkansas

1. Can I change the locks to force my roommate out?
   No, you cannot change the locks or remove your roommate’s belongings without a court order. Doing so is illegal and could result in penalties for you.
2. Do I need my landlord’s permission to evict my roommate?
   If your roommate isn’t on the lease, you (as the tenant or "master tenant") are responsible for their removal, but it’s a good idea to inform your landlord of the situation.
3. What if my roommate leaves their property behind?
   After a court-ordered eviction, Arkansas law requires you to give your roommate time to collect belongings or follow the court’s instructions for unclaimed property. Ask the district court clerk for local procedures.
4. Can the police help me remove my roommate?
   No, contact law enforcement only if there is an immediate threat or after you have a court order for eviction. The sheriff is usually responsible for enforcing eviction orders in Arkansas.
5. What if my roommate refuses to leave and threatens me?
   If you feel unsafe, contact local law enforcement. For the eviction itself, follow the civil (court) process described above.

Key Takeaways

• Serve your roommate a written notice before taking any action.
• File for eviction in district court if your roommate won’t leave after notice.
• Arkansas law prohibits self-eviction—courts must handle removal of occupants not on the lease.

Following these steps ensures you stay within the law and protect your own legal rights as a renter.

Need Help? Resources for Renters in Arkansas

• Arkansas District Courts – Find your local court and access eviction filing resources.
• Arkansas Legal Services – Free legal help and tenant information.
• Arkansas Attorney General: Landlord-Tenant Rights – Statewide guidance on rental rights and eviction procedures.
• Arkansas Legislature – Search housing related laws.

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1. Arkansas Code Title 18, Chapter 17 – Residential Landlord and Tenant Act of 2007
2. Arkansas District Courts Official Website
3. Arkansas Attorney General: Landlord-Tenant Rights

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