Are there rent control/rent stabilization policies or laws in Arkansas?
The state of Arkansas has not established rent control or stabilization practices.
What is the maximum amount I can collect as a security deposit?
The security deposit may not exceed an amount in excess of 2 month's rent.
My tenant has moved out, what do I do with their security deposit? . A landlord may withhold the entire amount of the security deposit for damages or unpaid rent. He must give you a written, itemized list of the charges withheld within sixty (60) days of the time you vacate.
The security deposit must be returned to the tenant within 60 days of the termination of the tenancy. However, the deposit may be applied toward the payment of unpaid rent, damages suffered by reason of the tenant's noncompliance, or physical damages to the premises. All deductions must be itemized by the landlord in a written notice and delivered to the tenant's last known address, along with the remainder, if any of the deposit.
What is a common problem where security deposits are concerned? At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage as well as including repair receipts and pictures.
May I charge an application fee, late rent charge or a returned payment fee?
Reasonable cost should always be kept in mind when initiating any charges. There are no restrictions or limits placed on the collection of a late charge or application fee. However, a service charge for a returned payment is permitted. The maker of the bad check must pay the amount of the check plus a service charge not to exceed $20.00 within 10 days after receiving written notice of dishonor.
How can I end an Arkansas lease agreement? In regards to a fixed term rental agreement, notice would apply to the terms specified within the lease. With regards to a month to month tenancy written notice must be given at least 30 days; a week to week tenancy, written notice must be given to the tenant at least 10 days. These notices are sent prior to the termination date specified in the notice and prior to the periodic rental date specified in the rental agreement.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable or If the tenant is called to active military duty. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.
My tenant has not paid rent; how much notice do I have to give a tenant in order to evict them? If the landlord wishes to file an eviction, a 5 day notice to vacate must either be given to the tenant or posted on the door of the premises. The day of posting does not count, nor does any day in which the court is not open such as holidays or weekends. Thus a notice posted on Friday will allow an eviction to be filed with the Court upon the following Thursday provided that neither Monday, Tuesday, or Wednesday happen to be holidays upon which the court is not open. After the 5 day notice is served, then a court proceeding can be initiated.
After the Landlord is given possession in court, what procedures must be followed to physically remove the tenant from the rental property? Once possession is granted by the court, then the landlord must obtain a Writ of Eviction issued by the court clerk. The Writ is served by the Sheriff by posting it on the door of the premises. The Writ can give the tenant as little as 24 hours to vacate.
How long does the eviction process take? As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks.
Can I require my tenants to obtain renter's insurance? Landlords may require tenants to obtain rental insurance, and can make the failure to do so a breach of the lease agreement.
What are the landlord’s legal rights in the event of the death of a tenant? In the event of the death of a tenant, the lease is automatically terminated. However, if the lease agreement specifies terms in regards to this situation, then the lease prevails. If there is no lease agreement, then the landlord must obtain an order from a probate court authorizing removal of the contents of the apartment.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
What can I do if my tenant files for bankruptcy?
The procedures a landlord should take will be determined by bankruptcy court laws. A Landlord usually will proceed with a relief from the “stay” deeming the tenant responsible for rent incurred during the pendency of bankruptcy proceedings. This is a complicated procedure and warrants at least a consult with an attorney.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the Lease.
Do I have to give the tenant notice before I enter the rental property? There are no statutory regulations regarding a landlords right to enter the leased premises. However, landlords should exercise caution and use reasonable judgment.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.