Serious rent arrears generally occur when a tenant owes at least two months' (or eight weeks') rent, constituting a breach that allows landlords to initiate eviction proceedings (Mandatory Ground 8). This is considered a priority debt, where failure to pay leads to significant risk of eviction and potential legal action.
Mandatory Ground 8: Serious Rent Arrears
The tenant is at least three months' rent in arrears at both the time the notice is served and at the time of the court hearing. The notice period is four weeks, providing tenants with a reasonable timeframe to address the arrears before proceedings commence.
Rent in arrears simply means the payment is overdue, usually because life events, delayed income, or small technical issues push the due date past you. Most arrears happen for real-life reasons, not carelessness — from emergencies and forgotten dates to changes in income or disputes handled the wrong way.
The most common reasons for eviction are nonpayment of rent, followed by lease violations (like unauthorized pets, subletting, or property damage) and lease expiration, where a landlord chooses not to renew. Other frequent causes include engaging in illegal activities, creating a nuisance, or violating health/safety rules, but all evictions must legally follow strict state and local laws, often requiring a court order.
Arkansas is the only state in the country that still has a criminal eviction statute.
Speak to your landlord as soon as you can. Explain why you've got behind with your rent. If you can pay off the arrears in one payment, pay as soon as you can. Make sure you get a receipt from your landlord in writing.
You can negotiate with your landlord at any time during the eviction proceedings, from before missing a payment until eviction court. Know what you can afford before you negotiate. Don't offer a plan you can't afford. You can also see if your community has rental assistance or eviction prevention programs.
Sometimes being in arrears comes with penalties or fees and lenders or landlords might charge you a late fee if a payment is overdue. Continued arrears can lead to serious consequences like late fees, credit score damage, or even legal action.
If you owe rent or fees and the debt is sent or sold to a collection agency, the collection account could wind up in your credit reports and hurt your credit scores. The collection account can stay there for up to seven years from the date your payment was past due.
Your landlord turns over your missed rent to a collection agency. Any payments, rent or otherwise that are turned over to a collection agency will immediately be reported to all credit bureaus, which will drive your credit score down.
Regular monitoring and follow-up. Keeping a close eye on payments is crucial for preventing minor issues from escalating into larger arrears. Monitoring rent payments through automated software or regular tracking allows landlords to spot missed payments immediately.
If you owe rent and move out, you violate your lease, and your landlord can sue you for unpaid rent, damages, and legal fees, potentially leading to wage garnishment or a bad credit/rental history; your landlord must try to re-rent the unit, but you remain responsible for rent until a new tenant moves in or the lease ends, so communicate with your landlord to mitigate potential consequences.
Paying rent on time
If you don't pay your rent or move out within three days, the landlord can go to court to have you evicted. If that happens, someone will serve you with a court notice called an Unlawful Detainer. The Unlawful Detainer is a lawsuit to have you evicted.
While technically it may be possible for rent arrears to be written off, it does not happen often. Rent arrears represent a debt that a tenant owes a landlord, so generally are not written off. However, some landlords may be willing to negotiate the debt owed and the time in which it should be repaid.
7 Acceptable Reasons for Late Rent Payments Every Landlord Should Know
Eviction Filings & Outcomes
Even dismissed cases can appear for up to 7 years under FCRA §1681c. Order your report from Experian RentBureau / TransUnion SmartMove. File a dispute and request sealing if case was dismissed (California courts seal after 60 days).
Although evictions won't show up on your credit reports, future landlords will be able to see your rental history. Any past evictions can make it significantly harder for you to get approved for a lease in the future.