In no other state is paying the rent late a riskier situation than Arkansas, where landlords possess the rare power to have tenants arrested.

A new report from Human Rights Watch (HRW) says Arkansas is the only state where tenants can become convicted criminals for paying the rent late—even if it’s just one day overdue.

State law includes a “failure to vacate” statute that allows landlords to demand police evict renters for falling behind on their rent without local prosecutors first investigating the matter. Once in court, tenants are not allowed to enter evidence, for example that they withheld rent in order to persuade a landlord to make needed repairs.

In every other state, evictions are handled in civil court. “In those jurisdictions, aggrieved landlords can use the courts to force out tenants who no longer have lawful claim to occupancy and claim any damages that might be owed them, but they cannot have tenants arrested and charged with crimes for failing to pay rent in a timely manner,” according to the report.

“But an Arkansas tenant who fails to pay their rent on time—even if they are only a day late—can be evicted on 10 days’ notice,” HRW says.

Many landlord-friendly, tenant-unlikely provisions were added to Arkansas law with passage of the Residential Landlord and Tenant Act of 2007. The Act also states that landlords are not legally obligated to keep their properties in safe and sanitary conditions, and it prohibits tenants from filing charges against landlords for failure to provide heating or hot water. Landlords are also allowed to enter tenant’s apartment without permission for a wide variety of alleged transgressions.

-Noel Brinkerhoff, David Wallechinsky

To Learn More:

Pay the Rent or Face Arrest (Human Rights Watch) (pdf)

Arkansas Set to Impose Nation’s Most Restrictive Abortion Law (by Noel Brinkerhoff, AllGov)

Residents of Arkansas and New Jersey Lead Nation in Credit Card Debt (by Noel Brinkerhoff, AllGov)

Arkansas Leads Nation in Multiple Divorces (by Noel Brinkerhoff, AllGov)