Squatters' Rights in Arkansas
Arkansas rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Unlawful squatting is a crime (Act 238 of 2025, new Ark. Code § 5-39-215). A person commits it by knowingly entering and residing on another's premises (dwelling, commercial building, or vacant land) without lawful authority when: the premises were not open to the public; Ark. Code § 5-39-215 (Act 238 of 2025, HB 1049); § 5-54-122(c)(1)(G)
The rules in Arkansas
| Squatters / unauthorized occupants | Unlawful squatting is a crime (Act 238 of 2025, new Ark. Code § 5-39-215). A person commits it by knowingly entering and residing on another's premises (dwelling, commercial building, or vacant land) without lawful authority when: the premises were not open to the public; the person cannot produce a deed or mortgage statement in their name, a lease signed by the owner or the owner's representative, a written or electronic agreement authorizing entry, or a rent receipt dated within the last 60 days; the owner has told the person to leave or reported the squatting to police; and no litigation is pending between owner and occupant. Police may accept a report only from the owner or the owner's authorized representative, and officers acting in good faith are immune. Penalties: first offense Class B misdemeanor, second Class A misdemeanor, third Class D felony. Producing a false document is a Class D felony, and so is a false report of squatting. The owner also has a private cause of action for damages, restitution, and attorney's fees. Current tenants, people with a valid occupancy agreement, and the owner's immediate family are excluded. Act 238 was approved March 4, 2025, with no emergency clause, so it took effect on the 2025 session's general effective date (exact date not separately verified). The act creates no separate civil affidavit-removal procedure. Occupants who claim a tenancy go through unlawful detainer or eviction (Ark. Code §§ 18-60-301 et seq., 18-17-901 et seq.). |
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| Belongings left behind | When a lease ends, voluntarily or involuntarily, any property the tenant leaves on the premises is treated as abandoned, and the landlord may dispose of it as the landlord sees fit without liability to the tenant. The statute requires no notice, storage period, or sale procedure. Property the tenant places on the premises is also subject to a landlord's lien for payments the tenant agreed to make. Text verified only on the FindLaw mirror (current as of March 28, 2024). The official A.C.A. is published only via LexisNexis. The caption of § 18-17-701 mentions 'removal of evicted tenant's personal property', but the enacted text (Act 1004 of 2007) has no such subsection. Source: Ark. Code § 18-16-108 |
Related questions
Arkansas vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Arkansas | Unlawful squatting is a crime (Act 238 of 2025, new Ark. Code § 5-39-215). A person commits it by knowingly entering and residing on another's premises (dwelling, commercial building, or vacant land) without lawful authority when: the premises were not open to the public; the person cannot produce a deed or mortgage statement in their name, a lease signed by the owner or the owner's representative, a written or electronic agreement authorizing entry, or a rent receipt dated within the last 60 days; the owner has told the person to leave or reported the squatting to police; and no litigation is pending between owner and occupant. Police may accept a report only from the owner or the owner's authorized representative, and officers acting in good faith are immune. Penalties: first offense Class B misdemeanor, second Class A misdemeanor, third Class D felony. Producing a false document is a Class D felony, and so is a false report of squatting. The owner also has a private cause of action for damages, restitution, and attorney's fees. Current tenants, people with a valid occupancy agreement, and the owner's immediate family are excluded. Ark. Code § 5-39-215 (Act 238 of 2025, HB 1049); § 5-54-122(c)(1)(G) | When a lease ends, voluntarily or involuntarily, any property the tenant leaves on the premises is treated as abandoned, and the landlord may dispose of it as the landlord sees fit without liability to the tenant. The statute requires no notice, storage period, or sale procedure. Property the tenant places on the premises is also subject to a landlord's lien for payments the tenant agreed to make. Ark. Code § 18-16-108 |
| Louisiana | No affidavit-based police removal statute was found. Criminal route: under the criminal trespass statute, a 'squatter' (anyone remaining on property without a right of possession, ownership, occupancy, or lease interest) commits trespass by remaining after a lawful possessor directs them to leave verbally, by written notice, or by posting conspicuous signage that the property is privately owned and trespass is prohibited. Penalties: first offense $100-$500 fine and/or up to 30 days; escalating for repeat offenses. Civil route: the owner delivers a written 5-day notice to vacate to the occupant and then files a summary eviction (rule to show cause); an occupant who stays more than 5 days after a proper notice to vacate also 'remains' unlawfully for trespass purposes. La. R.S. 14:63(C)(2)(a)(i)-(ii), (b), (G); La. C.C.P. arts. 4702, 4731 | No statute — no Louisiana statute was found setting a notice, storage, or sale procedure for a tenant's belongings. After the required notice to vacate, the landlord may retake possession without further court process on a reasonable belief the tenant abandoned the premises (indicia: ending residential occupancy, returning keys, removing furnishings or other movables). In parishes under a federal disaster declaration, leaving the residence is not evidence of abandonment for 30 days after the declaration; violating that rule entitles the residential tenant to $500 or twice the monthly rent, whichever is greater. La. C.C.P. art. 4731(B)-(C) |
| Mississippi | Real Property Owners Protection Act (effective July 1, 2025). A 'squatter' is a trespasser who stays on the premises, or a tenant's invitee who stays after the rental agreement ends. Squatters do not get tenant eviction rights; people with heirship rights are excluded. Process: the owner or agent files a sworn affidavit with local law enforcement giving the property address, the filer's name, address and status, and supporting documents. Within 24 hours, law enforcement must serve a citation ordering the person to leave. The person has 24 hours to vacate, or 3 days to tell the municipal or justice court they will contest. If they do not contest, they may be removed immediately without a writ, and the owner and officers are not liable for damage to their property. If contested, a hearing is held within 7 days under a preponderance standard; a certified deed showing the complainant as owner of record leads to a squatter finding. The judge then orders the squatter out within 24 hours. Squatting after written notice to leave is a crime. Knowingly using false documents to claim or rent out someone else's property is a felony: 2-5 years in prison plus fines equal to rent lost or money collected. Landlord-tenant law (§ 89-8-3) does not give rights to trespassers. 2025 Miss. Laws HB 1200 (Real Property Owners Protection Act), approved Apr. 10, 2025, eff. July 1, 2025; Miss. Code Ann. § 89-8-3 (as amended) | The summons must warn that belongings left behind after a court-ordered move-out may be thrown away. If the tenant leaves by the court's move-out date (normally 7 days after judgment) and leaves property behind, the landlord may dispose of it without further notice. If the tenant is removed under a warrant, the landlord must give reasonable access for 72 hours after the warrant is executed so the tenant can remove property, including a manufactured home. After 72 hours the landlord may move what remains to the curb, a garbage area, or another agreed location, and has no duty to preserve it. Posting the warrant on the door does not count as execution; officers must actually remove the occupants. Miss. Code Ann. §§ 89-8-35(2), 89-8-39(1)-(3) (as amended by 2025 SB 2328); § 89-8-13(6) |
| Missouri | Expedited court process (since 28 Aug 2024). The owner or an authorized agent files a verified petition in the county where the property is. The petition must state, among other things: the property includes a residential dwelling and was not open to the public when the occupants entered; the occupants are not guests, current or former tenants, or immediate family of the owner; the owner told them to leave and they refused; the property has not been leased to anyone for three consecutive months; and no related litigation is pending. On good cause the court must immediately issue an ex parte removal order, with a hearing within 48 hours of filing. The sheriff enforces the order and may stand by while the owner changes the locks and moves the occupants' belongings to or near the property line. Violating the order is a class A misdemeanor. A person removed without just cause may sue for restored possession, actual damages to personal property, $1,000 statutory damages, and court costs. RSMo 534.602, 534.604 (L. 2024 H.B. 2062) | After the tenant abandons the premises, the landlord may remove or dispose of property left behind without liability. The premises count as abandoned only if: (1) the landlord reasonably believes the tenant has moved out and does not intend to return; (2) rent has been due and unpaid for 30 days; (3) the landlord posts a written notice on the premises and mails it to the tenant's last known address by both first-class and certified mail (return receipt requested), using the statutory wording that the landlord may declare the property abandoned and dispose of the tenant's possessions unless the tenant responds in writing within 10 days; and (4) the tenant does not pay rent or respond in writing within 10 days after both the posting and the mailing. No storage period or sale procedure is required by the statute. RSMo 441.065 |
| Oklahoma | Sheriff removal without a court case. The owner or an authorized agent gives the county sheriff a verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property, signed under penalty of perjury on the form set out in the statute, with ID or proof of agency attached. All of these must be true: the property was not open to the public when the occupants entered; the owner told them to leave; they are not current or former tenants; they cannot produce a lease signed by the owner, or a government document showing the address as their address of record within the past 12 months; they are not immediate family of the owner; and no related lawsuit is pending. The sheriff verifies ownership, serves a notice to immediately vacate by hand or by posting, puts the owner in possession, and may stand by (at an hourly fee) while the locks are changed. Penalties: damaging the dwelling by $1,000 or more is a felony (up to 3 years and/or $10,000). Presenting a fake lease or deed is a misdemeanor (up to 1 year and/or $1,000). Someone wrongfully removed may sue for restored possession, actual damages, 3x the fair market rent, costs, and attorney fees. Separately, under the landlord-tenant act a landlord may demand that an occupant with no rental agreement leave without filing an eviction. Failing to leave within a reasonable time is trespass, with a fine of up to $500. 21 O.S. §§ 1354-1357; 41 O.S. § 111(G) | Applies after the tenant abandons or surrenders the unit or is lawfully evicted. Property the landlord judges to have no apparent value, and perishables, may be disposed of right away without liability. For property with apparent value, the landlord must send written notice by certified mail to the tenant's last-known address saying the property will be deemed abandoned if it is not removed by the date in the notice. Property left with the landlord 30 days or longer is conclusively abandoned and may be disposed of in any reasonable manner. While storing it, the landlord must use reasonable care. Storage in the unit may cost no more than the fair rental value; commercial storage costs the actual charges. A tenant who reclaims the property in time pays storage and other accrued costs. A landlord who deliberately or negligently violates these rules is liable for actual damages. 41 O.S. § 130 |
| Tennessee | Since July 1, 2024, an owner or authorized agent may ask the county sheriff to immediately remove an unlawful occupant of a residential dwelling, without a court case, by submitting a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form). Conditions: the property includes a residential dwelling; an unauthorized person entered and remains; the property was not open to the public at entry; the owner told the person to leave; the person is not a current or former tenant under a written or oral rental agreement authorized by the owner and is not an immediate family member (spouse, parent, sibling, child); and no litigation is pending between owner and occupant about the property. The sheriff verifies ownership, serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, may arrest for trespass or warrants, and may stand by (hourly fee) while locks are changed and belongings moved to the property line. A wrongfully removed person may sue (expedited hearing) for possession, actual damages, statutory damages of triple the fair market rent, costs and attorney fees. T.C.A. § 29-18-135 (added by 2024 Pub. Ch. 1009, SB 795 / HB 1259) | URLTA counties: 30+ days' unexplained absence without paying rent is prima facie abandonment, and the landlord may re-enter. Alternatively, rent 15 days late plus other signs of permanent move-out (e.g., removal of substantially all belongings or tenant shutting off utilities) is prima facie abandonment, but the landlord must first post a notice at the unit and mail it by regular mail to the unit address stating: the landlord believes the unit is abandoned; will re-enter unless the tenant makes contact within 10 days; will then remove belongings and re-rent; and will dispose of belongings not reclaimed within 30 days - with a phone number and mailing address. If the tenant responds and wants to stay, the landlord must go to court. In either case the landlord must remove and store the belongings for at least 30 days; unclaimed property may then be sold or disposed of, with proceeds applied to rent, damages, storage, sale costs and attorney fees, and any balance held 6 months. T.C.A. 66-28-405 |
| Texas | Since Sept. 1, 2025 (SB 1333), the owner of residential property (or agent) may file a sworn complaint in a statutory form with the county sheriff or constable asking for immediate removal of a person who unlawfully entered and is occupying a dwelling without consent, if the property was not open to the public when the person entered, there is no pending litigation between owner and occupant, the owner has told the person to leave, and the person is not a current or former tenant or an immediate family member. After verifying the complainant is the record owner, the officer serves a notice to immediately vacate (hand delivery or posting on the front door) and puts the owner in possession; the officer may stand by (hourly fee) while locks are changed and belongings are placed at the property line. Fee equals the writ-of-possession fee. A person wrongfully removed may sue for possession, actual damages, exemplary damages of three times fair market rent, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a Class A misdemeanor; listing or renting property without authority is a first-degree felony. Tex. Prop. Code ch. 24B (24B.001-24B.006); Tex. Penal Code Sec. 32.56 (as added by SB 1333), 32.57 | No general abandoned-property procedure; the lease largely governs. A landlord may remove the contents of premises abandoned by a tenant (an exception to the lockout ban). Seizure of property for unpaid rent under the landlord's lien requires an underlined/bold lien clause in a written lease, a peaceful seizure, a notice and itemized list left in the unit, and before any sale at least 30 days' notice by first-class and certified mail; surplus proceeds go to the tenant within 30 days. Deceased sole tenant: landlord may remove and store property and may discard it if the designated contact fails to remove it within 30 days after a certified-mail request (unless the lease sets another procedure). Tex. Prop. Code Sec. 92.0081(b)(2); 54.041-54.046; 92.014 |
City rules that may add to state law
More Arkansas rental law
- Arkansas Security Deposit Law
- Arkansas Eviction Laws
- Arkansas Notice to Vacate Rules
- Landlord Entry Rules in Arkansas
- Arkansas Repairs & Tenant Remedies
- Arkansas Rent Increase & Late Fee Laws
- Breaking a Lease in Arkansas
- Arkansas Rental Fee Rules
- Arkansas Section 8, Records & Right to Counsel
- Arkansas Mold, Pests, Heat & AC Rules
- Arkansas Privacy, Guests & Animal Rules
- Arkansas Landlord Selling the House
- Arkansas Lockouts, Utility Shutoffs & Retaliation
- Arkansas Subletting, Lease Endings & Tenant Death
- All Arkansas landlord-tenant rules
- Free legal help in Arkansas
Compare squatters & abandoned property in all 50 states and DC →
Squatters' Rights in Arkansas FAQ
How do you remove a squatter in Arkansas?
Unlawful squatting is a crime (Act 238 of 2025, new Ark. Code § 5-39-215). A person commits it by knowingly entering and residing on another's premises (dwelling, commercial building, or vacant land) without lawful authority when: the premises were not open to the public; the person cannot produce a deed or mortgage statement in their name, a lease signed by the owner or the owner's representative, a written or electronic agreement authorizing entry, or a rent receipt dated within the last 60 days; the owner has told the person to leave or reported the squatting to police; and no litigation is pending between owner and occupant. Police may accept a report only from the owner or the owner's authorized representative, and officers acting in good faith are immune. Penalties: first offense Class B misdemeanor, second Class A misdemeanor, third Class D felony. Producing a false document is a Class D felony, and so is a false report of squatting. The owner also has a private cause of action for damages, restitution, and attorney's fees. Current tenants, people with a valid occupancy agreement, and the owner's immediate family are excluded. (Ark. Code § 5-39-215 (Act 238 of 2025, HB 1049); § 5-54-122(c)(1)(G))
What can a landlord do with a tenant's abandoned property in Arkansas?
When a lease ends, voluntarily or involuntarily, any property the tenant leaves on the premises is treated as abandoned, and the landlord may dispose of it as the landlord sees fit without liability to the tenant. The statute requires no notice, storage period, or sale procedure. Property the tenant places on the premises is also subject to a landlord's lien for payments the tenant agreed to make. (Ark. Code § 18-16-108)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.