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
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
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
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
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
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
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.
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?
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
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
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
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?
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
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
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
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?
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.
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... View More
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...View More
Are you wanting to schedule a free consultation? You can call (501) 891-6000 Monday to set something up. It probably goes without says, but your landlord is not allowed to lock you out of your home. However, you should be aware that if you had not been staying in your home for awhile and if you...View More
Generally, it depends on the language of your lease. Does your lease give the landlord the right to change the terms before it expires? If not, then your landlord would have to wait until the end of the lease to change any terms. If your landlord gives you notice that he intends to change the...View More
I have been unable to find work in the construction field during this epidemic and have had to carpal tunnel procedures gun before that and have not been able to work being the only provider in the house I have fell behind on rent
It appears that Bankruptcy may be a viable option as many grapple with Covid impacts right now. Many states and local governments stayed evictions due to the pandemic so that may be applicable in some manner.
It would be best to consult with a BK attorney to explore what options are best...View More
If you gave him a good forwarding address and he didn't send you a refund of your deposit or an itemization of how the deposit was used (i.e. repairs, unpaid rent, etc.), then you can sue your landlord in small claims court. If you win you may be entitled to additional damages if your...View More
The property manager orally promised to not let anyone enter the property unless the tenant was told. A repair man was supposed to repair the oven door because it would not shut completely, even with it on. The property manager told the tenant that the repair man would come on the weekend and the... View More
If you have a Lease Contract, then it probably allows this or generally makes repairs the Landlord's duty. You are lucky to have such a Landlord. I doubt you would have any damages even if the Contract prohibited this unannounced visit. Irregardless, there is no cause of action.
Generally, changing the locks to remove a tenant is considered a self-help eviction and it is illegal in Arkansas. I would need more information to provide you with a better answer as far as what your rights and remedies are.
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