Behind on Rent? In Arkansas, You Can Be Arrested: Lawsuit Aims to End Criminalization of Failure to Pay Rent
Arkansas is the only state that criminalizes failure to pay rent. A new lawsuit filed aims to end this draconian law (known as the failure to vacate statute, or Ark. Code §18-16-101), claiming the scales of justice are tipped too far in favor of landlords looking for a cheap workaround from tenant protections, all at the expense of tenants struggling to afford rent.
In Arkansas, if a tenant falls behind on rent by just one day, for any reason, landlords are given the option of a criminal eviction in addition to civil remedies, turning a civil debt into a criminal offense. For each day a tenant is late on rent, a tenant can be charged with a criminal offense and a fine of up to $25. There is no cap on how many criminal offenses or fines a tenant may face.
In practice, landlords use this law to force tenants to self-evict. This strategy is effective, as tenants will abandon their homes to avoid the possibility of criminal prosecution, even if they have legitimate reasons why rent is late or even if the landlord is lying about rent owed. If tenants go to court, they are not given an opportunity to explain but instead told to move out or go to jail for contempt of court.
Named plaintiffs in the case Cynthia and Terry Easley of Malvern stopped paying rent in August 2020 after their landlord replaced the water tank and it stopped working, leaving them without running water. Their rent was waived only one month due to this issue, but they have been expected to pay rent every month since, despite the issue never being fixed. The Easleys can no longer afford to pay rent in addition to the new expenses they incurred as a result of not having running water, including renting a porta potty and buying water. In April 2021, the Easleys were served with a failure to vacate eviction notice, which stated that they had ten days to move out or they would be criminally charged for failure to pay rent and noncompliance with the rental agreement.
The lawsuit was filed by the nonprofit Equal Justice Under Law in partnership with the University of Arkansas Little Rock Bowen Legal Clinic. Phil Telfeyan, Executive Director of Equal Justice Under Law, states, “This law is unjust because it gives landlords the power to bring criminal charges for what is a private contract dispute, without allowing the tenant a fair court proceeding. If you’re late on your mortgage, car payment, or student loan, you can’t be arrested. No other civil debt is treated like a crime. We are hopeful our lawsuit will bring an end to this abusive practice.”