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Questions Answered by Patrick R. Lee
1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I have house for rent in Arkansas start May 1, 2019, on June he paid late 25 days and now July 8 he have not pay yet

What should I do?

Patrick R. Lee
Patrick R. Lee
answered on Jul 18, 2019

You can sue to have him evicted. Non-payment of rent is grounds for you to pursue an "unlawful detainer" suit. That's a fancy way of saying they're there without having paid rent when it was due. You have to give them notice to quit possession of the property. It's a... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Landlord/ tenant lease agreement dispute.

The lease agreement was signed on June 30th and I contacted the landlord on July 1st to let him know I could no longer rent the property. I was no longer able to pay. He denied and is now requesting 1st months rent due in three days. I have no way of paying and can not afford legal fees. What are... View More

Patrick R. Lee
Patrick R. Lee
answered on Jul 18, 2019

While this sucks, a lot, it sounds like you are still on the hook for rent until he finds a new tenant.

Once you sign a contract or agreement, you're bound by its terms. If I were you, I'd either try and find another roommate or reason with the landlord to take a lesser amount.

1 Answer | Asked in Child Custody for Arkansas on
Q: The father of my child has been in and out his life for 1 year and 6 months. He doesn't know how to take care of him,

He is not on the birth certificate and he once told me that he wanted to keep partying Instead of being a father. Now he is saying that he is ready and that he wants to step up. Is it legally too late? I don't know if I want to trust him or not because not only has he abused me but he had... View More

Patrick R. Lee
Patrick R. Lee
answered on Jul 18, 2019

Until his paternity is established, he doesn't have any right to see the baby. If he wants to have rights, he has to go through the legal process of filing a paternity action. It is not legally too late for him to do so because it sounds like he has made some very minor efforts to be in the... View More

1 Answer | Asked in Family Law and Child Support for Arkansas on
Q: Arkansas statue of limitations on arreage debt?
Patrick R. Lee
Patrick R. Lee
answered on Jul 17, 2019

If its a debt based on written contract, the statute of limitations is three years from the date of breach. I'd have to know more about the circumstances to know for certain when the statute runs.

1 Answer | Asked in Estate Planning for Arkansas on
Q: are online POA forms legal in Arkansas?

He is presently in rehab unit at hospital and I usually write his checks out and he signs them, but he is not able at this time. Some of his bills are autopay from his checking but his mortgage and house insurance require payments sent to them. I don't want him to default on his mortgage.

Patrick R. Lee
Patrick R. Lee
answered on Jul 17, 2019

If he is unable to sign checks, he may be unable to grant you a power of attorney. It depends on how bad his situation is. If you're in an emergency situation and he can't sign anymore, you may need to get an emergency/temporary guardianship to be able to take care of his affairs.

2 Answers | Asked in Estate Planning for Arkansas on
Q: If there is not a will in place, does the second wife or the son from the first marriage inherit the estate?
Patrick R. Lee
Patrick R. Lee
answered on Jul 17, 2019

Both. If there's no will and the "decedent" (the person who passed) had a wife and adult kids, a portion goes to the wife and another portion goes to the kids. You have to file a petition to probate his estate to get the process started, though. If I were you, I'd hire an... View More

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1 Answer | Asked in Estate Planning and Landlord - Tenant for Arkansas on
Q: my dad is a disabled veteran and the RV park that he lives at is trying to kick him out because he pays his rent late

But it's not his fault even the Social Security office is called the RV owner and told them that it isn't his fault that he receives his check late are they allowed to do this or not

Patrick R. Lee
Patrick R. Lee
answered on Jul 17, 2019

The rent is due whenever his lease agreement with the RV park says its due. Doesn't matter why it's late. I would try and reason with the RV park. Obviously your dad is going to get a check every month if he's receiving Social Security disability, so there's no danger of him... View More

1 Answer | Asked in Probate for Arkansas on
Q: My father passd away in February. I am the executor of his will. Would I be able to sell his home as the executor?

His will state that the money from the sale of the home go into a trust for 3 of his granddaughters. As the executor of his will and the executor of the trust could I sell his home and put the money into the trust, or would I need to get the home put into my name in order to sell it?

Patrick R. Lee
Patrick R. Lee
answered on Jul 17, 2019

You need to file a probate action to be able to distribute his property according to the will. Being named executor in the will means nothing until a court admits the will to probate and appoints you as executor. Then you can file something to sell the house and put the proceeds into a trust for... View More

1 Answer | Asked in Child Custody and Child Support for Arkansas on
Q: Me and my husband are legally married but have not lived together in 7years and I have court order child support for are

2 kids can my husband leave state with one of are two kids without permission and no interest in bring the child back

Patrick R. Lee
Patrick R. Lee
answered on Jul 17, 2019

You and your husband both have a constitutional right to access to the children until a court orders otherwise. If you think your husband is about to leave the state with one of your kids and never come back, you probably need to get something filed to prohibit him from doing that. I would... View More

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: I'm in Faulkner County Ar., and was served a petition to establish paternity and custody, how do i file answer to this?

My daughters father wants to take custody completely from me and is trying to use my past against me. Meaning i was abused most of my upbringing and become a addict due to it. In 2014 I had lost everything in tornado and i had fallen in deep depression and relapsed. It was suggested to myself that... View More

Patrick R. Lee
Patrick R. Lee
answered on Jul 17, 2019

The best way it so hire an attorney and let them guide you through the process. It sounds like he's definitely the father, so he'll likely be awarded some sort of visitation, but he'll likely be required to pay child support to the child's current custodian. Is that you or your mother?

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Q: What should I do? Facing eviction

I recently just received an eviction notice (July). I’ve been a tenant at the apartment that I am currently in since May 2018. When I rented the apartment I did not have a guarantor that met the criteria and therefore paid a deposit for two months rent that were suppose to be used in June/July of... View More

Patrick R. Lee
Patrick R. Lee
answered on Jul 17, 2019

It's unclear whether you actually ended up renewing your lease or not. When are they saying you owe rent for?

It sounds like you're trying to move out and not owe rent, but they're saying you signed a lease and owe it. Is that right? My guess is they would likely be able to...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: The tenant changed the locks without getting permission and without notifying the landlord, tenant refused to give

landlord a copy of key as requested. The landlord notified tenant that lcoked would be changed in 48 hours if key not provided. is it legal for landlord to change locks, as long as Lnadlord provide teneant with a key?

Patrick R. Lee
Patrick R. Lee
answered on Oct 29, 2018

It's usually part of every residential lease agreement that the landlord has some sort of right of entry for inspection/emergency maintenance/etc.

It also seems like the initial changing the locks would likely be a breach of the lease by the tenant. It really all depends on what the...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: My landlord changed the locks before I was able to remove my personal property even though the eviction notice gives us

Until october 17th to leave the property

Patrick R. Lee
Patrick R. Lee
answered on Oct 26, 2018

Unfortunately, once you've left the property, most of your personal belongings are deemed abandoned if you don't get them out quick enough. I would communicate with your former landlord to see if he'll let you in to get your things.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Can a landlord kick in your door and rent to another tenant before you have been evicted
Patrick R. Lee
Patrick R. Lee
answered on Oct 26, 2018

Definitely not. If this really happened, you need a lawyer right away.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: If my landlord wants to evict me, does he have to provide written notice to evict?
Patrick R. Lee
Patrick R. Lee
answered on Oct 26, 2018

Yes. A landlord must give you written notice before starting the legal eviction process. The type of notice and length of time depend on the reason for the eviction.

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