Arkansas Landlord Tenant Law - amstiesonline.com

1 Arkansas Landlord Tenant Law -Subchapter 1. General Failure to pay rent - Refusal to vacate upon notice - Lessee unlawfully collecting from subtenant - Rent collection by personal representative of life Penalty for enticing renter Termination of oral lease of Holding over after termination of Failure to quit after notice of Property left on premises after termination of [Transferred.]Subchapter 2. Actions Against Ejectment for nonpayment of Duty of Tenant to notify Actions for use and Remedy where lease for Recovery of rent in arrears due 3. Security Transferee, etc., Maximum Refund required - 4. Self-Service Storage Operator's lien on stored Use for residential Notice of Access to leased space - Care of Default - Right to sell Sale Disposition of sale Notices - Method of Provisions. 18-16-101. Failure to pay rent - Refusal to vacate upon notice - Penalty.(a) Any person who shall rent any dwelling house or other building or any land situated in the State ofArkansas and who shall refuse or fail to pay the rent therefor when due according to contract shall at onceforfeit all right tolonger occupy the dwelling house or other building or land.

2 (b) If, after ten (10) days' notice in writing shall have been given by the Landlord or his agent or attorneyto the Tenant to vacate the dwelling house or other building or land, the Tenant shall willfully refuse tovacate and surrender the possession of the premises to the Landlord or his agent or attorney, the Tenant shall be guilty of amisdemeanor. Upon conviction before any justice of the peace or other court of competent jurisdiction in the county wherethe premises are situated, the Tenant shall be fined in any sum not less than one dollar ($ ) nor more than twenty-fivedollars ($ ) for each offense. Each day the Tenant shall willfully and unnecessarily hold the dwelling house or otherbuilding or land after the expiration of notice to vacate shall constitute a separate Acts 1901, No. 122, _ 1, p. 193; C. & M. Dig., _ 6569; Acts 1937, No. 129, _ 1; Pope'sDig., _ 8599; 1947, _ Lessee unlawfully collecting from subtenant - Penalty.(a) It shall not be lawful for anyone who has leased any lands from one (1) or more persons and subletany portion thereof to others to take or collect any rent from the subtenant before final settlement with thelandlord, without first having obtained from the Landlord or his agent and delivered to the subtenant awritten direction stating the amount of rent authorized to be collected from the subtenant.

3 If, afterward, theprincipal Tenant shall fail to pay to the Landlord his rent due, the amount paid by the subtenant upon thewritten direction shall be deducted from the pro rata amount of rent for which the land cultivated by thesubtenant would otherwise be liable to the Landlord under existing laws.(b) Every principal Tenant or his agent who without first having paid or settled with the Landlord orproduced and delivered the written directions as stated in subsection (a) of this section, shall collect orattempt to collect any rent from any subtenant shall be deemed guilty of a misdemeanor. Upon conviction,he shall be punished by fine of not less than fifty dollars ($ ) nor more than five hundred dollars($500) or by imprisonment not exceeding six (6) months, or by both fine and Acts 1883, No. 21, _ 1, p. 32; 1893, No. 131, _ 1, p. 228; C. & M. Dig., __ 6894-6896;Pope's Dig., __ 8850-8852; 1947, __ 50-521, Rent collection by personal representative of life executor or administrator of any Tenant for life who shall have demised any lands or tenements soheld and shall die on or before the day when any rent on the demise shall become payable may recover:(1) If the Tenant for life dies on the day the rent becomes due, the whole rent;(2) If he dies before the day on which the rent becomes due, the proportion of the rent as shall haveaccrued before his Rev.

4 Stat., ch. 88, _ 1; C. & M. Dig., _ 6549; Pope's Dig., _ 8579; 1947, _ Penalty for enticing renter any person shall interfere with, entice away, knowingly employ, or induce a renter who has contractedwith another person for a specified time to leave the leased premises before the expiration of his contractwithout the consent of the Landlord , that person shall, upon conviction before any justice of the peace orcircuit court, be fined not less than twenty-five dollars ($ ) nor more than five hundred dollars ($500).In addition, he shall be liable to the Landlord for all advances made by him to the renter by virtue of hiscontract, whether verbal or written, with the renter and for all damages which he may have sustained byreason Acts 1883, No. 96, _ 8, p. 176; 1905, No. 298, _ 1, p. 726; C. & M. Dig., _ 6570; Acts1923 (1st. Ex. Sess.), No. 34, _ 1; Pope's Dig., _ 8600; 1947, _ Termination of oral lease of owner of farmlands which are leased under an oral agreement may elect not to renew the oral rental or leaseagreement for the following calendar year by giving written notice by certified registered mail to the renter or lessee, on orbefore June 30, that the lease or rental agreement will not be renewed for thefollowing calendar Acts 1981, No.

5 866, _ 1; 1947, _ Holding over after termination of term.(a) If any Tenant for life or years, or if any other person who may have come into possession of any landsand tenements under, or by, collusion with the Tenant , shall willfully hold over after the termination of theterm and thirty (30) days' previous notice in writing given, requiring the possession thereof by the personentitled thereto, the person so holding over shall pay to the person so kept out of possession double theyearly rent of the lands or tenements so detained for all the time he shall keep the person entitled thereto outof possession.(b) There shall be no relief in equity against any recovery had at law under subsection (a) of this Rev. Stat., ch. 88, __ 9, 10; C. & M. Dig., __ 6557, 6558; Pope's Dig., __ 8587, 8588; 1947, __ 50-509, Failure to quit after notice of intention.(a) If any Tenant shall give notice in writing of his intention to quit the premises held by him at a timespecified in the notice and shall not deliver up the possession thereof at such time, the Tenant , his executoror administrator, shall henceforth pay to the Landlord , his heirs or assigns, double the rent reserved duringall the time the Tenant shall so continue in possession of the premises.

6 (b) The double rent may be recovered by a civil action in any court having jurisdiction Rev. Stat., ch. 88, __ 7, 8; C. & M. Dig., __ 6555, 6556; Pope's Dig., __ 8585, 8586; 1947, __ 50-507, 18-16-108. Property left on premises after termination of the voluntary or involuntary termination of any lease agreement, all property left in and about thepremises by the lessee shall be considered abandoned and may be disposed of by the lessor as the lessorshall see fit without recourse by the lessee. All property placed on the premises by the Tenant or lessee issubjected to a lien in favor of the lessor for the payment of all sums agreed to be paid by the Acts 1987, No. 577, _ 18-16-109. [Transferred.]Subchapter Against Ejectment for nonpayment of rent.(a) Whenever a half-year's rent or more is in arrears from a Tenant , the Landlord , if he has a subsistingright by law to reenter for the nonpayment of the rent, may bring an action of ejectment to recover thepossession of the demised premises.

7 (b) If a summons in the action cannot be served in the ordinary mode provided by law, it may be servedby affixing a copy thereof on a conspicuous part of the demised premises, where it may be convenientlyread.(c) The service of the summons in such an action of ejectment shall be deemed and stand instead of ademand of the rent in arrears and of a reentry on the demised premises.(d) If on the trial of the action it is proved or upon judgment by default it appears to the court by affidavitthat the plaintiff had a right to commence the action according to the provisions of this section, then heshall have judgment to recover the possession of the demised premises and costs of suit.(e) If the defendant, before judgment is given in the action, either tenders to the Landlord or brings intocourt where the suit is pending all the rent then in arrears and all costs, all further proceedings in the actionshall cease.(f) If the rent and costs remain unpaid for six (6) months after execution upon such a judgment inejectment is executed and no complaint for relief in equity is filed within that time, then the lessee and hisassigns, and all other persons deriving title under the lease from the lessee, shall be barred from all relief inlaw or equity, except for error in the record or proceedings, and the landlords shall henceforth hold thedemised premises discharged from the lease.

8 (g) A mortgagee of the lease not in possession of the demised premises who, within six (6) months afterexecution of any judgment in ejectment is executed, shall pay all rent in arrears, pay all costs and chargesincurred by the Landlord , and perform all the agreements which ought to be performed by the first lesseeshall not be affected by the recovery in Rev. Stat., ch. 88, __ 15-21; C. & M. Dig., __ 6562-6568; Pope's Dig., __ 8592-8598; 1947, __ 50-514 - Duty of Tenant to notify Tenant on whom a summons in ejectment to recover the tenements by him held shall be servedshall forthwith give notice thereof to the person, or the agent of the person, of whom the Tenant Rev. Stat., ch. 88, _ 6; C. & M. Dig., _ 6554; Pope's Dig., _ 8584; 1947, _ Actions for use and occupation.(a) A Landlord may recover in a civil action a reasonable satisfaction for the use and occupation of anylands and tenements held by any person under an agreement not made by deed.(b) If a parol demise or other agreement not by deed, by which a certain rent is reserved, appears inevidence on the trial of the action, the plaintiff shall not on that account be barred from a recovery, but maymake use thereof as evidence of the amount of damages to be recovered.

9 (c) Where lands or tenements are held and occupied by any person without any special agreement forrent, the owner of the lands or tenements, or his executor or administrator, may sue for and recover a fairand reasonable compensation for the use and occupation by a civil action in any court having Rev. Stat., ch. 88, __ 11-13; C. & M. Dig., __ 6559-6561; Pope's Dig., __ 8589-8591; 1947, __ 50-511 - Remedy where lease for person having any rent due upon any lease for life may have the same remedy by action for therecovery thereof as if the lease was for Rev. Stat., ch. 88, _ 4; C. & M. Dig., _ 6552; Pope's Dig., _ 8582; 1947, _ 18-16-205. Recovery of rent in arrears due decedent.(a) Every person entitled to any rent dependent upon the life of any other may, notwithstanding the deathof the other person, have the same remedy by action for the recovery of all arrears of the rent that may bedue and unpaid at the death of the person as he might have if the person were still living.

10 (b) Every person having in right of his wife any freehold estate in any rents may, if the rent is due andunpaid at the time of his wife's death, have the same remedy by action for the recovery of the arrears as hemight have if the wife were still living.(c) The executor or administrator of any person to whom any rent shall have been due and unpaid at thetime of the death of the person may have the same remedy, by action against the Tenant , or his executor oradministrator, for the recovery thereof that the testator or intestate might have Rev. Stat., ch. 88, __ 2, 3, 5; C. & M. Dig., __ 6550, 6551, 6553; Pope's Dig., __ 8580,8581, 8583; 1947, __ 50-502, 50-503, used in this subchapter, unless the context otherwise requires:(1) " Landlord " means the owner, lessor, or sublessor of the dwelling unit or the building of which it isa part;(2) "Dwelling unit" means a structure or the part of the structure that is used as a home, residence, orsleeping place by one (1) person who maintains a household or by two (2) or more persons who maintain acommon household;(3) "Owner" means one (1) or more persons, jointly or severally, in whom is vested:(A) All or part of the legal title to property; or(B) All or part of the beneficial ownership and a right to present use and enjoyment of the term includes a mortgagor in possession;(4) "Person" means any individual, firm, partnership, corporation, association, or other organization;(5) "Rent" means all payments to be made to the Landlord under the rental agreement.