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Arkansas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I want to break my lease. Am I going to end up having to pay the remaining months rent? Lease does not mention penalty

No mention of abandonment penalty in lease

Patrick R. Lee
Patrick R. Lee
answered on Jul 18, 2019

Regardless of whether there's an explicit lease term about it, by leaving early you are breaching the lease and you will be liable for rent until the landlord is able to re-rent the place. If he has a deposit on hand from you, he can take rent out of that until it's gone. You'll... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Q: I have a family member given a notice to vacate from a brother within 10 days. She has stayed at property for 4 yrs rent

Free bc he got up in church and confessed that the Lord told him to give her the house. No paperwork was ever exchanged. Now after 4 yrs he want her out along with her 3 children. Is this considered verbal contract since he announced he was giving her the home. And how should she proceed

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 24, 2019

Yes, of course it is a verbal contract. The fact That "the brother" made the statement in church in front of a bunch of people does not turn the verbal statement a written contract. However, there may be another cause of action involved here; but lawyers cannot represent clients through... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Q: Can I get my security deposit back if my property manager texted me and told me I could break my lease.

My rent was increased because I was living in income based. I told my property manager that I may move on April 2nd. She told me it was fine 3 different times throughout the month of April. She said the ppl over her did not care if I broke my lease and that I would get it a full refund for leaving... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 7, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: My apartment complex let themselves into our apartment w/o notice. Is that breaking the lease?

It doesn’t say in our lease that they can come in without notice except in an emergency or when maintenance is scheduled. We weren’t home so we didn’t know they came in until we saw the letter they left saying they came in and checked for potential hazards. It also doesn’t state in the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 16, 2019

Look closely at the lease. Unless I miss my guess the lease says the landlord can enter THEIR property anytime they need to get in.

2 Answers | Asked in Landlord - Tenant and Personal Injury for Arkansas on
Q: Can I sue the landlord for a tenants dog biting me

I Was Bitten at the end of September the owner of the dog knew the dog was vicious it's not the first time this dog has been somebody I'm like the fifth person is bitten can I sue the landlord for pain and suffering since the tenant has no insurance and it happened on the landlords property

Michael Bersani
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answered on Dec 21, 2018

In NY, the answer is yes. If the LL knew of the viciousness of the dog and failed to protect the tenants, depending on the precise facts, it is possible to hold the LL liable.

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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: The tenant changed the locks without getting permission and without notifying the landlord, tenant refused to give

landlord a copy of key as requested. The landlord notified tenant that lcoked would be changed in 48 hours if key not provided. is it legal for landlord to change locks, as long as Lnadlord provide teneant with a key?

Patrick R. Lee
Patrick R. Lee
answered on Oct 29, 2018

It's usually part of every residential lease agreement that the landlord has some sort of right of entry for inspection/emergency maintenance/etc.

It also seems like the initial changing the locks would likely be a breach of the lease by the tenant. It really all depends on what the...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: If my landlord wants to evict me, does he have to provide written notice to evict?
Patrick R. Lee
Patrick R. Lee
answered on Oct 26, 2018

Yes. A landlord must give you written notice before starting the legal eviction process. The type of notice and length of time depend on the reason for the eviction.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Can a landlord kick in your door and rent to another tenant before you have been evicted
Patrick R. Lee
Patrick R. Lee
answered on Oct 26, 2018

Definitely not. If this really happened, you need a lawyer right away.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: My landlord changed the locks before I was able to remove my personal property even though the eviction notice gives us

Until october 17th to leave the property

Patrick R. Lee
Patrick R. Lee
answered on Oct 26, 2018

Unfortunately, once you've left the property, most of your personal belongings are deemed abandoned if you don't get them out quick enough. I would communicate with your former landlord to see if he'll let you in to get your things.

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Q: If I'm renting to own, i leave for vacation for a couple months ,do i have to give owner a key if I'm buying the house?

We are leaving for vacation and he wants us to leave a key to watch the place but give it to someone we don't know to watch our house. I'm not comfortable with it. I want to know where i stand

Don Spears
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answered on Sep 2, 2018

Generally the owner or mortgage holder has the right of inspection. That right is usually granted in the contract documents. However giving them a key is a big ask. My suggestion would be to give a key to someone you trust if they want to inspect. Without seeing the paperwork I am just stating... View More

1 Answer | Asked in Criminal Law, Civil Rights and Landlord - Tenant for Arkansas on
Q: Lets say u stay with a significant other what are the laws on video servalince ?
Stewart Whaley
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Stewart Whaley
answered on May 14, 2018

First, consult a lawyer on this issue.

Consider Ark. Code Ann. § 5-16-101. Crime of video voyeurism

It is gives many scenarios where video is illegal, yet is has an exception for security monitoring when an occupant is operating or directing it (see section (d)(2)).

What...
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0 Answers | Asked in Landlord - Tenant for Arkansas on
Q: What's the law on if a tenant leaves the property and owes back rent but has also left behind belongs for 90 days

We've had contact and gave them multiple chance to get their belongs but they never show up

0 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Arkansas on
Q: How do I evict a tenant ? How do I know if I have a case against the tenant?

I have a tenant that that I have an oral agreement to pay monthly payments to rent to own the property in question.He has not been making monthly payments on the property. The tenant also took it upon himself to take the car that he traded me as a down payment for the house back. He also blew the... View More

0 Answers | Asked in Civil Litigation, Landlord - Tenant and Small Claims for Arkansas on
Q: I sold a 2013 Jaguar XF on ebay and shipped it across the country and buyer says I am responsible for $5000 or repairs.

I sold a 2013 Jaguar XF on ebay and shipped it across the country to a buyer in california. I never said it has had an inspection all I said was that it drove great, which it did. Upon receiving it the buyer had an inspection don't and the repair shop said it needed $5000 worth of repairs.... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Q: How can I end my lease early?

My home has been broken into. Repairs aren't being done. My lease states landlord is responsible for repairs. I have in writing signed by landlord that repairs I told him about (In writing) would be done within a week of his reply. That was Nov 12, 2016. My car was broken into, vandalized... View More

Brandon M Haubert
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Brandon M Haubert
answered on May 25, 2017

You need to take your lease to a lawyer for review. In Arkansas, generally in a party to a contract materially breaches the contract, then the other party is released from performing under the contract.

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Q: Are there any laws stating landlord's have to follow health and/or safety codes?

My lease states landlord is responsible for repairs. The maintenance person that works for my landlord tells me they are busy & won't do repairs. I have a letter in writing signed by my landlord stating that the repairs I mentioned, will be done within a week of the letter. That was in November

Brandon M Haubert
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Brandon M Haubert
answered on May 25, 2017

You need to take your lease to a lawyer for review. In Arkansas, generally in a party to a contract materially breaches the contract, then the other party is released from performing under the contract.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Tenant stole the washer, dryer, stove and refrigerator out of the rental home when they moved out.

Is that a civil suit? Or criminal suit? They signed a rental agreement stating that those items were included with the rental property and not to be removed.

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 3, 2015

It is most likely both. It is a crime to steal things, and you should report it to the police.

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