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.
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.
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.
