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

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.

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

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

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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.

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

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

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... View More

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... View More

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... View More

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... View More

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

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... View More

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... View More

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... View More

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.