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Arkansas Landlord - Tenant Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Arkansas on
Q: My brother and I are listed as his and her on the deed to our land. The language doesn’t read right to survivorship.

I am needing to remove him from the deed, but I am wanting to avoid probate. Is there anyway around it?

Vincent Gallo
Vincent Gallo answered on Oct 30, 2019

Only he can convey out his interest in the real estate.

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1 Answer | Asked in Estate Planning, Landlord - Tenant and Small Claims for Arkansas on
Q: Can a storage unit manager cut my lock off and let someone else have my unit and all my stuff because of late payments?

I have fallen behind on my storage unit monthly payments. The guy cut my lock off and let my separated husband put his lock on. Now I can get my washer and dryer out of there because my estranged husband wont let me in the unit.

Nina Whitehurst
Nina Whitehurst answered on Oct 22, 2019

Yes, but only after they have followed the correct lawful processes for providing notice to the renter. It is possible that your husband bought the contents at auction, but that is pure speculation. You should contact a local consumer affairs attorney for advice on your specific situation.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: What does the written objection need to have specific verbiage?
Dustin A. Duke
Dustin A. Duke answered on Oct 21, 2019

You should include the style of the case at the top of the objection (i.e. the parties' names and case number). You should state in your objection that you object to the issuance of a writ of possession and then state the reasons why. You need to sign the objection, include your address and phone... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: In Arkansas I have withheld rent due to electrical issues and refused to let the landlord to fix the issue

He is not a licensed electrician

Patrick R. Lee
Patrick R. Lee answered on Sep 13, 2019

The fact that he is not hiring someone else to fix the electrical issues will not be a defense to an unlawful detainer suit (an eviction lawsuit), if he files one. If he decides to sue for an eviction because you haven't been paying rent, there's a good chance he'll win. Arkansas is one of the... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Tenant got (way) behind on rent, then moved out (mostly). Can I take possession. What about rent?
Patrick R. Lee
Patrick R. Lee answered on Sep 11, 2019

If the tenant has quit possession, you can take possession of the unit. To recover rent, you'll likely have to file suit and get a judgment. That may prove difficult if you are unable to locate them and serve them with a summons and complaint.

Depending on how much they owe you, it may be...
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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 Landlord - Tenant for Arkansas on
Q: Can a landlord enter my unit and remove my property, if the property is not prohibited by the lease or state law?
Patrick R. Lee
Patrick R. Lee answered on Aug 14, 2019

What property did this landlord remove? A lot more information is needed to answer this question.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Can my landlord terminate my lease early because they want to sell the house and want it vacant for showings?

My lease isn't up until Oct 31 but she text me saying that effective today, I have to be out by Aug 31st because "it would be easier on them to show it if the house was vacant". She has shown the house on Sunday and last night without 24 hr notice and showing again tonight. The lease termination... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 23, 2019

If your lease agreement says it runs through the end of October, the landlord is not allowed to force you to move out simply because they want to show the house. They have a contractual obligation to you, and forcing you to move out early would be a breach of that agreement.

You likely...
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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 also be liable... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I have house for rent in Arkansas start May 1, 2019, on June he paid late 25 days and now July 8 he have not pay yet

What should I do?

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

You can sue to have him evicted. Non-payment of rent is grounds for you to pursue an "unlawful detainer" suit. That's a fancy way of saying they're there without having paid rent when it was due. You have to give them notice to quit possession of the property. It's a pretty technical process, so... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Landlord/ tenant lease agreement dispute.

The lease agreement was signed on June 30th and I contacted the landlord on July 1st to let him know I could no longer rent the property. I was no longer able to pay. He denied and is now requesting 1st months rent due in three days. I have no way of paying and can not afford legal fees. What are... Read more »

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

While this sucks, a lot, it sounds like you are still on the hook for rent until he finds a new tenant.

Once you sign a contract or agreement, you're bound by its terms. If I were you, I'd either try and find another roommate or reason with the landlord to take a lesser amount.

1 Answer | Asked in Estate Planning and Landlord - Tenant for Arkansas on
Q: my dad is a disabled veteran and the RV park that he lives at is trying to kick him out because he pays his rent late

But it's not his fault even the Social Security office is called the RV owner and told them that it isn't his fault that he receives his check late are they allowed to do this or not

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

The rent is due whenever his lease agreement with the RV park says its due. Doesn't matter why it's late. I would try and reason with the RV park. Obviously your dad is going to get a check every month if he's receiving Social Security disability, so there's no danger of him not being able to... 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...
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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 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... Read 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
Michael Bersani 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: 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 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.

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