We have 3 different pricing options for evictions:
$200 - Limited Scope - This covers drafting the documents necessary to evict someone. You must personally own the rental property. Your filing can be thrown out if you practice law without a license.
$500 - Full Representation - We draft all the documents for you. Then, we walk you through the process and if they don’t get out immediately, we take care of the eviction process.
Low Monthly Fee - Subscription Service - You pay a low monthly fee based on the number of properties. You get unlimited evictions. You also get:
Depending on where in the state you live, Arkansas law provides for up to three types of eviction processes. Here we will address the most common and, in our view, the most effective process.
Unlawful Detainer (Eviction) is a civil process used by an Arkansas landlord when the landlord feels the tenant has violated the terms of the lease. One of the most common violations is failure to pay rent.
In an unlawful detainer action three days’ notice to vacate must be given to the tenant.
A landlord may properly give notice of eviction in four different ways. (1) The landlord may hand it to the tenant or have another person hand it to the tenant. (2) The landlord may send a copy of the eviction notice by registered or certified mail to the address of the property. (3) The landlord may leave a copy of the eviction notice with someone old enough to accept service at the property and then mail a copy of the notice to the property address. (4) Or the landlord may post a copy of the eviction notice on the front door of the property if no one is home.
In those three days the tenant must either vacate the property or they will likely find themselves in front of a circuit court judge trying to explain why they did not comply with the terms of the lease agreement. If after the three-day notice, the tenant does not vacate the property, the land lord then has the option to file a lawsuit against the tenant to get a writ of possession (otherwise known as an eviction order).
The tenant has only five days to respond to the complaint filed against them, and if they don’t, the Court will issue a writ of possession which directs the sheriff to go to the property and evict the tenant.
The five days starts the day after the tenant is served with the complaint and does not count any legal holidays or weekends.
If a response is filed within the time allowed by Arkansas law, notice of a hearing date will be provided to the tenant.
If the tenant does not respond timely to the complaint against them, the landlord will prevail, and the court will issue the eviction order.
At a hearing, the landlord will admit the lease into evidence and provide specific proof to the Court that the tenant has violated the lease agreement. The tenant will then have an opportunity to put on any proof they have showing they did not violate the lease agreement.
The judge can award the landlord a judgment against the tenant for any money the landlord can prove the tenant has not paid.
Yes, if the landlord is successful in getting the judge to grant an eviction order, the judge may award the landlord attorney’s fees.
Once the judge signs the writ of possession, the county sheriff will take care of the process of actually removing the tenant from the property.
The landlord may keep the security deposit under certain conditions. Within sixty days of the termination of the lease, all money must be returned to the tenant. However, the security deposit may be applied toward the unpaid rent or any damages suffered by a landlord which were caused by the tenant. The landlord must provide notice of intent to keep some or all of the security deposit, this notice must be mailed to the tenant by first class mail to the tenant’s last known address. Any damages claimed by the landlord must be itemized in written form and delivered to the tenant along with any remaining portion of the security deposit within the sixty-day window.
If the landlord can not find the tenant within 180 days after sending the required documents by mail, the landlord is then entitled to keep the security deposit.
Upon the termination of the lease, any and all property that was left in the rental is now abandoned and the landlord may dispose of it as they wish.
If you are a landlord in need of help evicting a tenant who is violating the terms of their lease, you need to know your rights. The process is pretty cut and dry, but you have to make sure you exactly comply with the various statutory requirements, or a judge is unlikely to give you the relief you need fast.
Let us help you get your property back quickly. Give us a call today and we can help you assess the situation and provide you with advice to most effectively meet your goals.