Lawyers, Answer Questions  & Get Points Log In
Arkansas Contracts Questions & Answers
1 Answer | Asked in Contracts for Arkansas on
Q: Are items left in a self storage unit by unit owners and tenant of unit legal too take possession of?

Items that have been left behind in a self storage facility by the renters of the facility unit and by the owners of the unit for a certain amount of time or for a lengthy amount of time let's say is it considered abandoned property and there for the finder of the property to take possession... Read more »

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

No. As long as rent is current, the length of time the property is stored is irrelevant.

On the other hand, if rent hasn’t been paid, the self-storage facility has the right—after giving written notice to the renter—to auction the contents off to pay the rent.

After deducting...
Read more »

1 Answer | Asked in Contracts and Employment Law for Arkansas on
Q: Hello, I was laid off about 5 months ago and my employment contract included 12 months of severance in exchange for a

release and agreeing to non-compete and non-solicitation terms, which are all straightforward. The company is struggling and is telling me they can't afford to honor the contracted severance payments any longer, which are supposed to continue for 7 more months. I'm not aware of them... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 22, 2022

You should contact an Arkansas employment attorney to have your separation agreement reviewed. If your employer promised to pay you a certain amount of money in your separation agreement that they are now refusing to or unable to pay, you may have a claim against your employer for breach of... Read more »

1 Answer | Asked in Contracts, Employment Law and Education Law for Arkansas on
Q: Am I required to supervise students off contracted time for free.

My principal stated that all certified staff are required to come in before our contracted hours and stay afterwards to supervise students for free. She also says that if we don’t, we will be written up for insubordination and that those of us with second jobs would have to make other... Read more »

Chris W. Burks
PREMIUM
Chris W. Burks
answered on Sep 7, 2022

Thanks and no you are not required to work more than the time you are contracted for. Working off the clock is illegal in Arkansas.

1 Answer | Asked in Contracts, Criminal Law, Civil Rights and Communications Law for Arkansas on
Q: what do you need to become a lawyer?

what is all the steps to becoming a lawyer

W. Whitfield Hyman
W. Whitfield Hyman
answered on Sep 21, 2021

1. Graduate High School or earn a GED.

2. Earn a bachelor’s degree in anything from a college. Takes about 4 years.

3. Take the LSAT while in college (maybe they allow other tests now I’m not sure).

4. Complete law school (3 years).

5. Pass the bar exam in the...
Read more »

1 Answer | Asked in Contracts, Education Law and Employment Law for Arkansas on
Q: Can a school district prevent you from teaching for the next school year if you request release from your contract?

I had signed my contract in May after the district said they would take it as a resignation for anyone that did not turn in a signed contract by the end of May 2021. I have kids to support so out of fear of unemployment I signed the contract. There were teachers resigning left and right. The... Read more »

Chris W. Burks
PREMIUM
Chris W. Burks
answered on Sep 20, 2021

Thanks and you should speak to an Arkansas employment and education law attorney. The Arkansas Teacher Fair Dismissal Act does provide some protections to teachers, and many districts will release teachers from their contracts under circumstances similar to the ones you identified. By working... Read more »

1 Answer | Asked in Contracts, Criminal Law, Personal Injury and Civil Litigation for Arkansas on
Q: I am be sued by a woman in Cleburne County for 20k of horse boarding. She took my horse from Wi without my permission,

She got caught forging my signature on the horses registration papers. Now she's sueing me for 20k for the 2 years she's had my horse. What kind of attorney do i need

James E Hensley Jr
James E Hensley Jr
answered on Apr 15, 2021

Get a lawyer who will answer your calls even on weekends. You will probably owe her some money and she wants to keep the horse instead of taking payment. My cousin is one of the top trainers in the mid-south. Her fee is $375 per month per horse. That would come to around $9,000 in your case. Since... Read 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
PREMIUM
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.

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Arkansas on
Q: If my Mother and I purchased a piece of property can the original owner sell it again if I hold the original Deed?

My Mother and I purchased a piece of property from a friend of my Mothers that was getting older in age. This lady signed all of the necessary paperwork and we had everything properly notorized and dated. Now 2 years later this lady has sold the same piece of property to somebody else. Is this... Read more »

Paul Dumas
Paul Dumas
answered on Nov 18, 2020

Assuming everything in your question is factually correct, the answer would most likely depend on whether, and when, you filed your deed of record with the Circuit Clerk of the county where the property is located. If Your deed was not filed prior to the 2nd conveyance your deed may no longer be... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Arkansas on
Q: Is my automatic lease renewal valid if I have no automatic renewal clause on my lease and no renewal notice was given?

My landlord tells me I will lose my security deposit for breaking my lease. My initial lease term was 12 months and he says my lease automatically renewed, however there is nothing in my lease stating that it will automatically renew, in fact it gives no direction for what happens when my lease... Read more »

Dustin A. Duke
Dustin A. Duke
answered on Nov 1, 2020

Without seeing your lease and the exact language of the lease I cannot offer specifics. However, generally once your lease term expires, unless there is a specific clause to the contrary, your tenancy becomes month to month. At that point, either you or your landlord can end your tenancy by... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Divorce and Collections for Arkansas on
Q: Can a vehicle loan company sue me?

A vehicle loan company on a vehicle that was obtained during my marriage is trying to sue me (has filed a civil suit) for amount owed on the vehicle, that vehicle has been repossessed. I have since gotten a divorce and in the divorce decree it states that the plaintiff, who is my now ex-husband,... Read more »

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
answered on Jul 28, 2020

Usually the court order regarding distribution of assets and liabilities is not binding on your creditors. You can contact the lending company and provide them with a copy of the court order and they may, if they so wish, attempt to collect only from your husband, but they are not required to do... Read more »

1 Answer | Asked in Contracts for Arkansas on
Q: Is there a limit to how long a closing can draw out?

I'm under contract to purchase a pair of adjacent lots. The sale is bound to another in an asset forfeiture case. Because there are some special requests on the other sale, our close has drawn out nearly 5 months. I'm just wondering how long this can draw out.

Don Spears
PREMIUM
Don Spears
answered on May 7, 2020

Contracts are open for a reasonsablre time only. The amount of time is usually set out but when it is not set out it becomes a reasonable amount of time as anticipated by the parties. It would seem that 5 months is more than reasonable.

1 Answer | Asked in Consumer Law and Contracts for Arkansas on
Q: why does a bank have right to repossess a vehicle when evidence of payment in full is presented?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 9, 2020

Evidence of payment in full is not the same as actual receipt of payment. If you actually do pay before the bank foreclosure you may have an action for unlawful foreclosure.

1 Answer | Asked in Contracts and Construction Law for Arkansas on
Q: can a supplier of shingles come after me, the property owner for the cost of shingles already paid to the contractor?

The shingle company is trying to hold me up for the cost of shingles that the contractor did not pay for though I have no contract with them.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 25, 2019

Unless you were in cahoots with the contractor and the supplier of the shingles can prove it you may be in the clear. On the other hand, since you have a claim against the contractor why not agree to help the supplier get the money you paid to the contractor?

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Arkansas on
Q: I have recieved a code 18-60-304 demanding I leave in 3 days but can not. If I'm not out by the end of the 3 days isnt

That when the sheriff will be called and he will put a 3 day vacate notice? I can be out by then just not the original 3 days posted by apartment complex

Patrick R. Lee
Patrick R. Lee
answered on Sep 6, 2019

This notice is simply the first step a landlord must complete before they file a lawsuit in Court to have you evicted. The sheriff can not and will not do anything until they have a writ of execution from the Court, which is the document that commands the sheriff to forcibly remove you from the... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Arkansas on
Q: What are my options about finding out a place has termite damage when the contract says it doesn't.

Bought a house and closed last Friday. Started renovating the master bath and found extensive termite damge and plain as day visible signs that they had termites. It's obvious someone knew about this issue at some point becaust they had the house treated and the termites aren't in the... Read more »

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

Although I have not had a chance to review all the documents involved in the purchase and sale referred too it appears to me that you may be miss-interpreting the contract with respect to the existence--vel non--of termites. Unless the

contract(s) specifically say there is no termite...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Arkansas on
Q: What should I do? Facing eviction

I recently just received an eviction notice (July). I’ve been a tenant at the apartment that I am currently in since May 2018. When I rented the apartment I did not have a guarantor that met the criteria and therefore paid a deposit for two months rent that were suppose to be used in June/July of... Read more »

Patrick R. Lee
Patrick R. Lee
answered on Jul 17, 2019

It's unclear whether you actually ended up renewing your lease or not. When are they saying you owe rent for?

It sounds like you're trying to move out and not owe rent, but they're saying you signed a lease and owe it. Is that right? My guess is they would likely be able to...
Read 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... Read 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... Read 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 Contracts and Traffic Tickets for Arkansas on
Q: Is there a time limit to getting your car off the side of the road in arkansas state?

My car was on the side of the road for a little over a hour

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 4, 2019

It is unlawful to leave an unattended car on the side of most roads in every state. And--depending upon which road it is, the authorities will be sure to give tickets (and may even impound cars) when in interest of public safety.

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
PREMIUM
Don Spears
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... Read more »

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.