Need Answers To Eviction Process In Arkansas. Can You Help?

8 Answers

Anonymous Profile
Anonymous answered
We signed for a trailer for my son 10 years ago. It was in my name nad husban name. My son and his wife didn't make payments on it for three months. The electric and water was shut off for non payment. I had their kids because his wife is a drug addict. I told them for a week to get their stuff out that we  turned it back over to the mortage company they were coming to get it. Me and my husband and some more family members had to go down there and get the kids clothes and toys or they would have lost them. My son and his wife had been living with someone else they abandoned the trailer. They had been out the trailer for 2 weeks. Now my son says he is ging to sue me because I didn't give him a eviiction notice. We had no written agreement. Does he have any grounds to sue me?
Anonymous Profile
Anonymous answered
I had some friends that were in the same boat.  They had to go to court and legally have the power and gas shut off to the house.  This was in Siloam Springs, AR, back in the 90's. 
mickey curtright Profile
Renters asked to be released from lease early (up 6/1/09).  I agreed provided they were out by 2/20/09, paid the 2/1/09 rent in full and on time, and left the house in good condition.  Due to the ice storm, they were staying elsewhere and I  needed to check the house for damage from storm.  Tried to reach them on cell but they would not return call.  I entered and found a mess.  Doors are kicked in, feces on carpet, dirty diapers on carpet.  I expect that they will not pay on the 1st.  Lease states that rent is due on or before the 1st and if not they are in default of lease and I may take immed. Posession.  I don't think I can take possession like that but can I give them a 10 day notice to vacate on the second? Non payment of rent.
Anonymous Profile
Anonymous answered
I got a eviction ,and I was out in 30 days because she was said I owe one amout,and it was wrong,then the sheriff came and give me same papers,I was one day after my 5 days,when I went to file I was not in formed that it was to laet and didnt get a court date,the sheriff came and remover me and the kids,then I had to get a court order to get my stuff, so I go to the house and same of my stuff is missing she went though my and my kids stuff and keeped what she wanted,I went back to the court house and they said they would have to get hold of her lawer to see when they can get in front of the jud,it is tuesday, and they sadi they can get me in on monday,if her lawer can be there and they will not tell her she needs to put my stuff in storage.so what she is doing is ok or not
Zemo Profile
Zemo answered
Go to small claims court, fill out an affidavit, include NOTICE PAY OR QUIT (serve a copy on the tenants), get a court date set, after judgment  is obtained, fill out Dispossesory Warrant for removal of the tenants by the sheriff or constable and then set  up a date with the Sheriff to set tenants stuff out on the street.  Here is a link to the Arkansas Attorney General's office which specifically discusses landlord-tenant issues (www.thelpa.com

The very first sentence says it all...

[taken from the web page listed above]

Tenants have very few rights under current  Arkansas law. The following information will tell you what  limited rights [sic.] they (you) do have. This information applies only to  privately owned rental units and not to government subsidized  housing.
In Arkansas, a landlord may give notice of  termination for any reason. Even if you are a model  tenant—quiet, paying your rent on time and keeping your  apartment clean—your landlord can refuse to renew your  lease. He must give you one rental period’s notice if you  have an oral lease, or give notice according to the terms of the  written lease if you have one. (The only exception is for  non-payment of rent in which case eviction procedures may take  place.)    Failure to pay rent or to pay rent on time,  for any reason, is grounds for eviction.    There are two types of eviction procedures  a landlord can use to get you to move: "unlawful  detainer" ( a civil eviction) and "failure to  vacate" (a criminal eviction).    If a landlord uses the "unlawful  detainer" method of eviction, he must give you three (3)  days written notice to vacate. If you do not leave, the landlord  can sue by filing a complaint against you in court. After you  receive a summons to appear in court, you have five (5) days to  object in writing to the eviction. If you do not file an  objection you can be removed from the dwelling by the Sheriff. If  you do object, a hearing will be scheduled to determine your  right to possession of the property.    If a landlord uses the "failure to  vacate" method of eviction, he must give you ten (10) days  written notice. This method of eviction applies only to  non-payment of rent. If you do not leave the premises within ten  (10) days, you can be charged with a misdemeanor. You would then  be required to appear in court where you could be fined up to $25  for each day you remained in the dwelling after being given the  ten (10) day notice to vacate.    A landlord is not permitted to change the  locks on your doors, move your furniture out, turn off your  utilities or use any other "self-help" method of  eviction or harassment to get you to move.    Additionally, Arkansas landlord/tenant law  states that upon the voluntary or involuntary termination of any  lease agreement, all property left in the dwelling by the tenant  will be considered abandoned, and may be disposed of by the  landlord as the landlord sees fit and without recourse by the  tenant. All property left on the premises by the tenant is  subjected to a lien in favor of the landlord for the payment of  all sums agreed to be paid by the tenant.Good luck!! Read the law, know your rights, use it to your advantage, and most importantly learn how to avoid similar situations in the future should you want to continue being a landlord.Peace and Freedom be yours,Zemo
thanked the writer.
TOMIKA CONWAY
TOMIKA CONWAY commented
But what if the landlord changes the locks first and cuts off your access to your property and then later returns and takes all your contents from the house and considers that a legal eviction
Anonymous Profile
Anonymous answered
I have a renter in Little Rock that has not paid, and will not answer the phone. The people next door say nobody has been there for a couple of weeks. Rent has not been paid, and they are on a month to month lease. Can a the "failure to vacate" notice just be posted on the doors, or are there other steps and where can I get the proper forms. This is a private home we were renting when we moved out of state, will be selling the first of next year.
Anonymous Profile
Anonymous answered
Pretty much the same all over.  Get a court date, go to mediation and see if you can fix the mess, and then if not, see the judge, he will tell you when to move out...
Anonymous Profile
Anonymous answered
Go to landlords.com, they have a forum where you can ask questions and get answers...it's free.  Most are very experienced landlords and I'm sure they can help with your question.

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