Fayetteville, AR asked in Contracts and Landlord - Tenant for Arkansas

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 2019 (I have a receipt that says that from property). I renewed my lease (8/19-12/19) in January of 2019 although my guarantor did not. After 72 hours I went to the office to retract the lease but was told that I could not. I told the office that my guarantor did not want to renew the contract and I was told that I would be taken to court and still would have to pay for the rent. My guarantor reluctantly signed (May 2019) because of the threat. When I renewed the apartment did not tell me anything about the deposit and moved when it could be used without telling me. Would there be anyway that I could use the deposit for rent now and August or would I have a better chance at going to court?

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1 Lawyer Answer
Patrick R. Lee
Patrick R. Lee
Answered
  • Licensed in Arkansas

A: 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 re-rent pretty quickly and they wouldn't have to recover anything from you over what you've paid in deposit, but there's no way to be certain without more information.

Tim Akpinar agrees with this answer

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