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Arkansas Landlord - Tenant Questions & Answers
1 Answer | Asked in Criminal Law, Landlord - Tenant and Patents (Intellectual Property) for Arkansas on
Q: So if I was homeless and know of a home thats empty and been empty for years can I squat in it and make ot mine ? If so
Kevin E. Flynn
Kevin E. Flynn answered on Sep 24, 2021

This question was routed to patent attorneys that work with inventors. That is not the right group of lawyers to answer this. It does not sound like landlord-tenant either.

In real estate law there is a little used provision called adverse possession that was left over from a much...
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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Our rent money went into the Landlords bank but to another persons account, now they want to kick us out?

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?

Dustin A. Duke
Dustin A. Duke answered on Sep 15, 2021

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... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: My landlord came in lastnite kicked me out due to having a male visitor present. Is this legal?

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... Read more »

Dustin A. Duke
Dustin A. Duke answered on Sep 11, 2021

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... Read more »

1 Answer | Asked in Civil Rights, Collections and Landlord - Tenant for Arkansas on
Q: If you signed a 12 month lease, and at the end of the 12 months you moved completely out and notified your landlord the

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?

Dustin A. Duke
Dustin A. Duke answered on Sep 2, 2021

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,... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: In Arkansas any landlord decide to keep my security deposit based off a new tenant stating they smell smoke

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... Read more »

Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 2, 2021

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... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Arkansas on
Q: If I purchase an apartment building, do I have to honor any existing lease agreement in effect or can Impose my own.

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?

Kevin J. Kuhn
Kevin J. Kuhn answered on Dec 15, 2020

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.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Arkansas on
Q: Is my automatic lease renewal valid if I have no automatic renewal clause on my lease and no renewal notice was given?

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... Read more »

Dustin A. Duke
Dustin A. Duke answered on Nov 1, 2020

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... Read more »

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...
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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...
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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.

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