Criminalization of Landlord/Tenant Law: Arkansas’ “Failure to Vacate” Statute

Authors

Anastacia Greene, University of Arkansas at Little Rock William H. Bowen School of LawFollow

Publication Date

2025

Abstract

Arkansas is not a notable state. It is often confused with Kansas or Alabama. It is difficult for most Americans to find on a map. Perhaps Arkansas has few distinctions. However, it is the only place in the country where a tenant can be thrown in jail for missing a rental payment. The legal landscape of Arkansas is unique in many ways, primarily in its old-fashioned, even archaic, view of property law.

First, this article examines the history behind the Failure to Vacate statute. Next, this article reviews the constitutional challenges that the statute has faced, and recent litigation. Then, this article reviews the data gathered regarding enforcement of Failure to Vacate across the state. Next, the article examines and analyzes these findings. Finally, the article makes final recommendations on how the failure to vacate should be changed and amended.

Document Type

Article

Recommended Citation

Anastacia Greene, Criminalization of Landlord/Tenant Law: Arkansas’ “Failure to Vacate” Statute, 24 Conn. Pub. Int. L.J. 42 (2025).