Representing Both Landlords And Tenants In Disputes

As a landlord, you will inevitably face a difficult tenant at some point. As a tenant, you should know your rights under state law. Whether you are the landlord or the tenant, if a dispute arises, it is important that you understand the legal implications. At Huffman Butler & Mason, PLLC, our attorneys are experienced handling these types of disputes. We understand the rights of both parties, and we work closely with you to resolve any issues. If you are dealing with a complicated landlord-tenant law matter, turn to our firm.

Understanding Arkansas Landlord-Tenant Laws

In Arkansas, there are a number of laws in place to protect both landlords and tenants, including:

  • A landlord cannot charge more than two months' rent for a security deposit.
  • The security deposit must be returned within 60 days after a tenant moves.
  • If the deposit is not returned, a tenant can sue the landlord in small claims court for up to $5,000.
  • If a tenant does not pay rent on time, the landlord can charge a late fee if it was stipulated in the rental agreement. If it is not in the agreement, the landlord cannot charge a late fee.
  • A landlord must give a tenant at least 10 days' notice of an increase in rent.
  • A landlord may not raise the rent for a discriminatory reason.

These are just a few of the many landlord-tenant laws in Arkansas. An experienced real estate attorney at our firm can further explain the laws and how they affect you.

What Is The Arkansas Eviction Process?

Before evicting a tenant, the landlord must first legally terminate the tenancy through a written notice. If the tenant does not pay their rent, the landlord can file an "unconditional quit notice," which gives the tenant three days to move out. In Arkansas, a landlord can also evict a tenant using an unconditional quit notice for the following reasons:

  • Nonpayment of rent
  • Engaging in illegal gambling
  • Engaging in prostitution
  • Unlawful sale of alcohol

If the tenant violates the terms of the lease or rental agreement, they have 14 days from the date they receive the landlord's written notice to either fix the problem or move out. If a tenant does not fix the issue or move out in the allotted time, the landlord can then file a lawsuit for eviction.

Sometimes, no violation has occurred but the landlord still wants to evict a tenant. If a tenant is living on the property on a week-to-week basis, the landlord must give seven days' notice before evicting. If the tenant is there on a month-to-month basis, the landlord must give 30 days' notice. Our skilled attorneys can help landlords draft eviction notices that follow state laws.

If you are a tenant and have been evicted but have not violated your lease, failed to pay your rent or damaged the property, you may have been evicted unlawfully. It is illegal for the landlord to change the locks or turn off the heat or electricity to get a tenant to leave. If you believe you have been illegally evicted or driven to move out, your next step is to get help from a knowledgeable attorney at our firm who understands your rights and can fight for you.

Get Help From Experienced Landlord-Tenant Law Attorneys

For assistance with your landlord-tenant law issues, contact Huffman Butler & Mason, PLLC. From our convenient office location in Benton, we represent clients throughout Saline County and central Arkansas. We also have offices in Covington, Tennessee, where we serve clients throughout the region. Call us at 901-410-0689 or contact us online to schedule an initial appointment.