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Arkansas Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Arkansas on
Q: I have a monthly storage. I pay 80$ a month for I was late for my payment this month. And they charged me 175

At first they charged me 30$ for 6 days late then they charged 140$ for 31 days late… is this even legal

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: In Arkansas, when should you take legal action against a landlord regarding a missing deposit?

As of Dec 31, 2023, my lease has been over and I vacated the rental property on Nov 27, 2023. Since a brief discussion on written notice (phrased confusingly in the rental agreement), I have not heard anything from my previous landlord. After a month with no deposit into my account, I reached out... View More

Anthony M. Avery
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answered on Feb 14, 2024

File suit against the exact entity that took your deposit. If there is a term in the lease, then breach of contract. If not, then conversion. But expect that the owner will claim damages to be surcharged against the deposit at trial. Collection of a judgment may require an attorney.

0 Answers | Asked in Landlord - Tenant for Arkansas on
Q: From Oklahoma moved to Arkansas 4 months ago rented place paid landlord $2695 landlords claimed she worked with housing

And knew my counclor thought I could trust her since housing authority was no help just find a place that it everthing to expensive for them this program worthless anyway it don’t pay anything I can’t afford $450 a month do to my funds this voucher figured wrong it has to be and they refuse... View More

0 Answers | Asked in Appeals / Appellate Law and Landlord - Tenant for Arkansas on
Q: is it legal for landowner to move owners possessions out of home while eviction case is under appeal?

land contract eviction is under appeal, have an inquiry hearing 2/6/2024

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Arkansas on
Q: What to do when you get a summons?

In Arkansas, I’m a single mom of a 6 year old. I was a victim of domestic violence and lost my job. Now I’m 3 months behind rent and my apartment complex sent me a summons to court Friday. How long do I have to respond? I have no place to go and currently looking for work. Can the courts offer... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Arkansas on
Q: I live in my ex mother-in-law's house. And we pay her for the utilities. And she got mad at me because I wouldn't

Pay my daughter's car payment and had my water shut off can she do that

James L. Arrasmith
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answered on Jan 12, 2024

In the United States, the legality of your situation depends on the terms of your living arrangement with your ex-mother-in-law. If you have a formal lease or rental agreement, it typically outlines the responsibilities for utility payments. If utilities are included in your rent, then the landlord... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Arkansas on
Q: Can my mother in law tell me to pack my stuff and get off her property which is a house that she built for my wife and I

My wife and I have been married for 10 years. She built a house for her and I which I thought was put in my wife’s name but obviously not. So I got arrested for some charges that will all be thrown out but none the less she’s telling my wife she wants me and all my stuff home by December 31st.... View More

James L. Arrasmith
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answered on Jan 1, 2024

If the house you're living in is legally owned by your mother-in-law and not in your or your wife's name, she does have the right to ask you to leave. However, as a resident of the property, you are entitled to certain rights, including proper notice before being required to vacate the... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Arkansas on
Q: when a attorney files a Witt of possession at the courthouse, how does the sheriff's office get a copy to be delivered

this was filed on the 14th and I have been waiting so I can go get my belongings from the person that broke all of the laws to gain possession of my personal belongings which were in my own residence?

T. Augustus Claus
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answered on Nov 21, 2023

Once a writ of possession is filed with the court, it is the responsibility of the plaintiff's attorney to serve the writ on the defendant. This means that the attorney must deliver a copy of the writ to the defendant, either in person or by mail. The attorney must also file a proof of service... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I was named in an eviction with 2 other defendants. They did not file an objection to eviction and I did. I was evicted

I was evicted also. The writ of possession had my name at the top but the contents specifically named the 2 Co defendants as the ones to remove. My name was mentioned only to state that I had filed an objection. I am waiting for my court date. I tried to tell sheriff this and he threatened to throw... View More

James L. Arrasmith
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answered on Nov 11, 2023

In this situation, it's crucial to present your case effectively at the upcoming court date. Gather all relevant documentation, including the writ of possession and evidence of your property tax payment. It's essential to articulate the discrepancy between your objection to the eviction... View More

1 Answer | Asked in Small Claims, Consumer Law, Real Estate Law and Landlord - Tenant for Arkansas on
Q: If a storage unit owner does not follow Arkansas law regarding the auction of my property, is there anything I can do?

I'm absolutely devastated and heartbroken. I went to get some things out of our storage unit at Copper Safe storage today and everything is gone. Thousands of dollars worth of stuff. All my winter clothes, my families winter clothes, all my Christmas decor that I've collected over the... View More

Anthony M. Avery
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answered on Oct 30, 2023

Either hire an AR attorney to sue for an injunction, or check into bidding at the sale (without telling anyone of the contents, or forget about it. Apparently you have been wasting your time complaining to the lessor.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: How do I get rid of my ex-girlfriend that has taken over my camper that I own when she has nowhere to go?

She is also clinically crazy been committed quite a few times and her family will not take her in they keep bringing her back to my house she's also violent and suicidal.

James L. Arrasmith
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answered on Nov 9, 2023

Here are some potential steps to remove an ex-girlfriend who has taken over your camper in Arkansas:

- Provide proper written notice to vacate. Give her 30 days written notice to vacate the premises since she has established residency in the camper.

- If she refuses to leave after...
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1 Answer | Asked in Landlord - Tenant and Public Benefits for Arkansas on
Q: 59 year of age disabled living in public housing on a fixed income of 914.00 monthly goes back to college on a grant is

The grant money consider income per HUD

T. Augustus Claus
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answered on Aug 30, 2023

Grants for educational purposes are generally not considered as income for the purposes of determining eligibility and rent calculations in federally subsidized housing programs administered by the U.S. Department of Housing and Urban Development (HUD). This includes programs like public housing... View More

1 Answer | Asked in Federal Crimes, Identity Theft, Intellectual Property and Landlord - Tenant for Arkansas on
Q: Person knowly commiting bodily harm to people in neighborhood along with personal property and vehicle of ADA & crime

Also unlawful use of fire arm on and around rental property. Harm to elderly people and commit conspiracy with landlord in Arkansas. Harm to Service Animal also breaking and entering.

James L. Arrasmith
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answered on Aug 15, 2023

Hi there,

It is advisable to consult with an attorney in your jurisdiction to review the specific details of your case and determine the applicable laws and limitations.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I live in Arkansas and my ex moved out a yr ago and left a lot of her stuff. Do I legally have ownership of the items

I have asked her sev times to come get it and she has refused saying she is waiting till she gets her own place.

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

Most states have laws regarding abandoned property that require you to provide written notice, usually via certified mail, return receipt. Apparently you know where she is, so you must provide written notice of abandonment of personal property to her, and give her an opportunity to collect her... View More

1 Answer | Asked in Criminal Law, Landlord - Tenant and Patents (Intellectual Property) for Arkansas on
Q: So if I was homeless and know of a home thats empty and been empty for years can I squat in it and make ot mine ? If so
Kevin E. Flynn
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Kevin E. Flynn
answered on Sep 24, 2021

This question was routed to patent attorneys that work with inventors. That is not the right group of lawyers to answer this. It does not sound like landlord-tenant either.

In real estate law there is a little used provision called adverse possession that was left over from a much...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Our rent money went into the Landlords bank but to another persons account, now they want to kick us out?

We paid our rent and it went into another persons account and we don't understand why they served us papers saying we have to pay more then what are rent is or we are going to be getting evicted in 5 days but we paid our rent and we have the proof! Is that legal for them to do that?

Dustin A. Duke
Dustin A. Duke
answered on Sep 15, 2021

More information is needed to fully answer your question. However, if you have been served with legal papers (a complaint, summons, and notice of intent to issue writ of possession) it is important that you file a timely objection before the five day period runs. Your objection must be filed with... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: My landlord came in lastnite kicked me out due to having a male visitor present. Is this legal?

My landlord and I had a sexual relationship soon after me moving in.. He told me I wasn't allowed to have male visitors altho I was paying my rent and my own bills..I had ended it with him bc I could tell him no but he didn't care he still did what he wanted with me..he came in and... View More

Dustin A. Duke
Dustin A. Duke
answered on Sep 11, 2021

No, your landlord's actions are not legal. He cannot forcibly remove you from your leased premises under any circumstance (even if he had a right to legally evict you). He would have to use the court's to have you legally evicted. Further, his actions regarding your relationship and... View More

1 Answer | Asked in Civil Rights, Collections and Landlord - Tenant for Arkansas on
Q: If you signed a 12 month lease, and at the end of the 12 months you moved completely out and notified your landlord the

Last day of your contract that you are not going to sign another lease, can they still penalize you? What’s the point of signing a contract for X amount of months if you have to tell them that you were going to terminate the lease on the day that you already signed and agreed to terminate the lease?

Dustin A. Duke
Dustin A. Duke
answered on Sep 2, 2021

It depends on what your lease says. If the lease is silent as to any notice requirements before moving out, you are perfectly within your rights to move out the last day of the lease and are under no further obligation to your landlord. However, if the lease requires a notice prior to moving out,... View More

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: In Arkansas any landlord decide to keep my security deposit based off a new tenant stating they smell smoke

Even though I didn't smoke.As well as the landlord herself was at location the day I was moving out I do not believe she came in that day but she was right at the door and she did not smell nothing video as well as my personal keys were accidentally locked inside the unit and when we return to... View More

Joshua W. Bugeja
Joshua W. Bugeja
answered on Jun 2, 2021

Arkansas Code Annotated § 18-16-305 specifically addresses refunds of security deposits. Subsection a(2) specifically requires any damages which are subtracted from the security deposit must be itemized and delivered to you in accordance with the remainder of the statute within 60 days of... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arkansas on
Q: If I purchase an apartment building, do I have to honor any existing lease agreement in effect or can Impose my own.

Im buying a property with tenants that still have several months left in the previous owners lease agreement. Can I void that agreement with my own, or do I have to honor all the parameters of the previous owners lease?

Kevin J. Kuhn
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Kevin J. Kuhn
answered on Dec 15, 2020

As the new owner, you will be required to honor the existing lease agreements. Review the existing lease agreements. They may contain language which will enable you to terminate them early. If they don't, then you will likely be required to honor them until the end of the lease term.

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