Little Rock, AR asked in Landlord - Tenant for Arkansas

Q: Tenant got (way) behind on rent, then moved out (mostly). Can I take possession. What about rent?

Related Topics:
1 Lawyer Answer
Patrick R. Lee
Patrick R. Lee
  • Licensed in Arkansas

A: If the tenant has quit possession, you can take possession of the unit. To recover rent, you'll likely have to file suit and get a judgment. That may prove difficult if you are unable to locate them and serve them with a summons and complaint.

Depending on how much they owe you, it may be an exercise in futility to try and get a judgment. That is especially true if they had no way of paying you rent. They may not have any property to secure the judgment to or wages to garnish. Whether hiring an attorney to sue them is worth it entirely depends on how much money they owe you and whether you want to risk spending a bunch of money to possibly get nothing back.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.