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Arkansas Contracts Questions & Answers
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 house... 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 re-rent pretty...
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 any of... 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
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 »

1 Answer | Asked in Products Liability and Contracts for Arkansas on
Q: I recently purchased a car from a guy but he didn't have a title..he assured me that I could use our written bill of sal

But I'm not able to so now I have a car I can't register..the bill of sale did say he wasn't liable for the title or car after signing..what rights as a buyer do I have if any

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

Sue him for what is called recision--means unwinding the deal--and also for what you paid. Hopefully you can do that in small claims.You'll have a problem if the bill of sales said that and you still signed, but give it a shot. You can also talk to the attorney generals consumer division if he was... Read more »

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
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: 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 & caught... Read more »

Brandon M Haubert
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 Insurance Bad Faith, Contracts and Personal Injury for Arkansas on
Q: My daughter is fighting with insurance company home owner. She was or still is a victim of theft vandalism on her home

Now they put her in motel for over two months. When she went to extend. Her stay the hotel said no because she had damaged to room. So now the insurance company say they will not get her any where to stay. She has six kids now no where to live on street

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2017

They may have a duty to reimburse her; they certainly have no duty to find a place for her. Has she contacted the red cross?

Also, if the state has a crime victims compensation act that may help.

1 Answer | Asked in Contracts and Employment Law for Arkansas on
Q: I am looking for the best lawyer to take on the USPS

I was under contract with USPS and my contract was not up until 2018, however I got into an argument with the postmaster and was not allowed back into post office. They continued to pay me until 10/16 then sent me a bill for $200,000. HELP

Glenn B. Manishin
Glenn B. Manishin answered on Feb 22, 2017

I suspect you will need to better identify the nature of the contract, as that will determine whether your matter is a "government contracts" issue, which is a very specialized area, or a more general litigation matter.

1 Answer | Asked in Collections and Contracts for Arkansas on
Q: I was wondering if I can get money back I barrowed to a friend? I'm not sure what type of lawyer I would need.

I also have a letter from friend stating I would be paid back in full. Now, my friend won't even take my calls.

Don Spears
Don Spears answered on Nov 10, 2016

If the sum is not really large, you may be able to file in small claims court in your city or county. Hopefully, you have some evidence that the money was given and there was an intention of paying it back. You should contact a local attorney so that he can go over what evidence of the debt you... Read more »

1 Answer | Asked in Contracts, Car Accidents and Consumer Law for Arkansas on
Q: How do I recover items from a towing company that towed my car due to an accident.
Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2016

I assume you've asked for them. Personal items they should let you have; it'll help if you get your insurance to tell them to let you pick them up. The operating philosophy of towing companies is that they have your car and it' contents to hold as hostage.... Read more »

1 Answer | Asked in Contracts for Arkansas on
Q: I am on a contract with my daughter in law for the purchase of a double wide mobile home, how can I get my name off?
June Ann Anteski
June Ann Anteski answered on Feb 24, 2013

Your daughter in law will need to get the home refinanced and out of your name. If she has poor credit, she may encounter some difficulties. Also, if you both owe more than what the home is worth, you may encounter some difficulties. Good luck.

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