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Smith can succeed with the eviction process even though he has accepted past due

payments from Doe.

Additionally, according to Ark. Code Ann. 18-16-101, if a person renting a dwelling or

land in Arkansas fails to pay rent as agreed upon in the contract, they will lose the right to continue occupying the property. Therefore, despite any previous instances of accepting late rent,

Mr. Smith can still take legal action for continued past due payments.

InDuncan v. Malcomb, 351 S.W.2d 419, 421 (Ark. 1961), the Supreme Court determined

that the lessor's acceptance of rent payments for the years 1958 and 1959, despite being seven to

eleven months late, clearly indicated that prompt payment of rent had been waived. Therefore,

the clause in the lease regarding forfeiture could not be enforced in the future unless the lessor

provided the lessee with reasonable notice before canceling the lease due to past due payment of

rent. Id. Smith did provide notices to Doe on separate occasions, unlike Duncan.