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Arkansas Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I'm having trouble with my landlord he hasn't given me an eviction notice or anything but he boarded up my place

He boarded up my place and all my stuff is still in there can you plz help me out thanks very much

Dustin A. Duke
Dustin A. Duke answered on Jul 31, 2020

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... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: how much time do I have legally in Arkansas to respond to landlords intent to change lease terms
Dustin A. Duke
Dustin A. Duke answered on Jul 29, 2020

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... Read more »

1 Answer | Asked in Bankruptcy, Civil Rights and Landlord - Tenant for Arkansas on
Q: What is Washington county Arkansas eviction notice due to the covid-19

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

Phil Cardis
Phil Cardis answered on Jul 5, 2020

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...
Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: My landlord has not returned my security deposit nor contacted me & its been over 60 days. What can I do?

he has my address, won't answer calls. He's avoiding me.

Stewart Whaley
Stewart Whaley answered on Jul 2, 2020

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... Read more »

1 Answer | Asked in Landlord - Tenant, Small Claims and Real Estate Law for Arkansas on
Q: What legal action can be taken if a property manager let a repair man in the unit without the permission of the tenant?

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... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

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.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Renting space in commercial building. The other tenant who isn't on the lease changed locks and sold my property.

Is that legal?

Dustin A. Duke
Dustin A. Duke answered on Apr 8, 2020

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.

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... 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... 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...
Read more »

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... 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...
Read more »

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... 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... 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... 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 »

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