What recourse other than small claims court do I have for an illegal eviction?
Full Question:
my husband & I , signed a 1 year lease from year to year and this year has been a bad one, we have been late on the rent a few times. The rent is due on the 1st of the month, but the landlord wants it on the 25th of the month and I told her that some months would be late and she agreed. We paid the rent before the first, but that is not good enough. She gave us a verbal notice to get out on the 5 of oct. We had already paid for the month of oct. I spoke with her on th night of Oct. 6 and she asked if we were home and I told her no. She then called back on the 7th and said she knows we were home someone called her husband. She then said she was giving us a 10 day notice and she did a notice to vacate. I moved. I did small claims on her for kicking us out but what do I do next. She signed her husband's name to the notice to vacate because her husband works out of state and he was away at the time it was put on my door. Is this legal?
11/14/2007 |
Category: Landlord Tenant |
State: Arkansas |
#12250
Answer:
The following are Arkansas statutes:
18-17-701. Noncompliance with rental agreement — Failure to pay rent —
Removal of evicted tenant's personal property.
(a) Except as provided in this chapter, if there is a noncompliance by
the tenant with the rental agreement, the landlord may deliver a written
notice to the tenant specifying the acts and omissions constituting the
breach and that the rental agreement will terminate upon a date not less
than fourteen (14) days after receipt of the notice, if the breach is not
remedied in fourteen (14) days. The rental agreement terminates as
provided in the notice except that if the breach is remediable by repairs
or otherwise and the tenant adequately remedies the breach before the
date specified in the notice.
(b) If rent is unpaid when due and the tenant fails to pay rent within
five (5) days from the date due, the landlord may terminate the rental
agreement.
(c)(1) Except as provided in this chapter, the landlord may recover
actual damages and obtain injunctive relief, judgments, or evictions in
circuit court or district court without posting bond for any
noncompliance by the tenant with the rental agreement.
(2) If the tenant's noncompliance is willful other than nonpayment of
rent, the landlord may recover reasonable attorney's fees, provided the
landlord is represented by an attorney.
(3) If the tenant's nonpayment of rent is not in good faith, the
landlord is entitled to reasonable attorney's fees, provided the landlord
is represented by an attorney.
18-17-703. Remedy after termination.
If the rental agreement is terminated, the landlord has a right to
possession and for rent and a separate claim for actual damages for breach
of the rental agreement and reasonable attorney's fees.
18-17-901. Grounds for eviction of tenant.
(a) A landlord or his or her agent may begin eviction proceedings
against a tenant when:
(1) The tenant fails or refuses to pay the rent when due or when
demanded;
(2) The term of tenancy or occupancy has ended; or
(3) The terms or conditions of the lease have been violated.
(b) For residential rental agreements, nonpayment of rent within five
(5) days of the date due constitutes legal notice to the tenant that the
landlord has the right to begin eviction proceedings under this chapter.
18-17-902. Eviction proceeding.
(a)(1) Upon the occurrence of the grounds for eviction of a tenant
under this subchapter, a landlord or his or her agent may file with a
court having jurisdiction an affidavit of eviction that specifies the
grounds for the eviction.
(2) The fee for filing an affidavit of eviction shall be twenty-five
dollars ($25.00).
(b) Upon the filing by the landlord or his or her agent or attorney of
an affidavit of eviction, the court shall issue an order requiring the
tenant to vacate the occupied premises or to show cause why he or she
should not be evicted before the court within ten (10) days after service
of a copy of the order upon the tenant.