What are my rights as a landlord?

June 1st, 2008

The Eviction Process in Arkansas

The attorneys at KMBSP have a long history of helping landlords recover possession of their property when a tenant has defaulted on the lease.
The entire eviction process can be divided into five separate stages:

            1.               Once a tenant is in arrears on rent or has violated some other provision of the lease, the process is started by KMBSP sending the tenant a notice to vacate the premises within three days. 
            2.               At this point hopefully the tenant will relinquish possession and leave.
                     a.     If the tenant relinquishes possession, but still owes rent or money for damages to the property, the attorneys at KMBSP can initiate a simple breach of contract lawsuit seeking payment for the amount owed.
                    b.     However, if the tenant does not relinquish possession, KMBSP will file a lawsuit against the tenant for his or her unlawful retention of the property.

            3.               After the lawsuit is filed, the attorneys at KMBSP are required by law to send the tenant another notice to vacate the premises.  This second notice is an official court document signed by the clerk of the court.
           4.               Once the tenant is served with this second notice, he or she has five working days to respond.
                     a.     If the tenant does not respond within five days and remains in possession of the property, the attorneys at KMBSP will obtain a   “Writ of Possession,” which allows the local Sheriff to forcefully evict the tenant and deliver possession to the landlord.
                                                     i.     At this time the landlord can continue with its lawsuit against the tenant to collect rent and other damages.
                   b.     If the tenant files a written objection to the second notice to vacate within 5 days, a court hearing will be set by the attorneys at KMBSP.
                                                       i.     In order for the tenant to continue to possess the rental unit during the pendency of the litigation, the tenant must also deposit with the court (at the same time the tenant files his written objection to the notice to vacate) the amount of rent currently due.  Further, the tenant must make additional deposits with the court as rent comes due under the terms of the lease.

                                          1.     Failure by the tenant to do so is grounds to issue the “Writ of Possession” allowing the local Sheriff to evict the tenant.
                 c.      At the hearing both sides will present evidence of their entitlement to possession of the property.
                                                     i.     If the attorneys at KMBSP successfully convince the Judge that the landlord has the right to possess the property and evict the tenant, then the court will issue the “Writ of Possession.” 
          5.               After the temporary possession is determined eventually the matter will come to a full trial on the merits.
                a.     At trial, the landlord may recover possession (if he doesn’t already have it) and may also recover any back rent or damages.

           The attorneys at KMBSP realize that the eviction process may seem overly complicated and burdensome to the average landlord.  Hopefully this brief summary of the procedure helps with your comprehension of the process.  If you are seeking representation for an eviction proceeding or have a question about landlord/tenant issues, we encourage you to contact us.  The attorneys at KMBSP have dealt with countless landlord/tenant issues over the years and invite you to utilize their professional services to help with your specific needs.

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