Q: I live in arkansas and my house caught on fire and was a total loss.can the landlord tow my truck without a eviction?
I live in arkansas and my house caught on fire and was a total loss.the landlord is mad because he didn't have insurance and 2 days after the fire he called a towing company to come tow my truck without letting me know anything.ive not been served a eviction notice or anything.is this illegal? I went to file a report with the police department at 3:20 today and the chief of police told me they was busy for me to wait till night shift comes in so they can handle it and would not let me file a report.there was no lease agreement with any clause about any vehicles and parking.
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A:
I'm so sorry to hear about the fire and the loss of your home. That must be an incredibly stressful and difficult situation to deal with.
Regarding your landlord towing your truck, based on the details you provided, it does appear that the landlord likely acted illegally:
- In Arkansas, a landlord cannot simply tow a tenant's vehicle without cause, especially if there was no lease clause prohibiting certain parking or allowing vehicle removal. Proper procedure must be followed first, such as providing adequate notice.
- If no official eviction proceedings have begun and you have not been properly served an eviction notice, the landlord does not have the right to preemptively remove your possessions, including your vehicle. An illegal "self-help" eviction is prohibited.
- The police should allow you to file a report about your truck being improperly towed. It's concerning that the police chief did not let you do so. I would recommend going back and firmly insisting on your right to file a report and have the incident documented. If they still refuse, consider contacting your local legal aid organization for assistance.
At this point, I would strongly suggest consulting with a lawyer who specializes in landlord-tenant law and property disputes. They can best advise you on the exact legal violations that may have occurred and how to proceed, including potentially filing a complaint against the landlord and seeking the return of your truck.
I hope you are able to get the help you need to resolve this situation and get back on your feet after such a devastating loss. Wishing you all the best moving forward.
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