As a landlord in Fayetteville, AR, understanding your rights along with renter rights is crucial. According to the Arkansas attorney general, there are several laws in place designed to protect both property owners and tenants.
Before you initiate an eviction, it's crucial to understand a few important points.
Read on for a list of five essential eviction protection tips that every property owner in Fayetteville, AR must know.
1. You Must Give Proper Notice
If you need to evict your tenant before the lease expires, you must have legal cause. According to Arkansas law, this includes failure to pay the rent, violating the lease, failing to maintain a safe property, or if the tenant has broken certain laws.
You must give your tenant written notice that their tenancy is ending. This notice must be given before you can file an eviction lawsuit, also called an "unlawful detainer" suit in the state of Arkansas.
2. Eviction Protection and Nonpayment
Tenants who fail to pay rent within five calendar days of it being due can be evicted. You must serve a three-day "notice to quit" before you can pursue any civil action.
For criminal eviction cases, you must provide a 10-day notice to quit to the tenant. If they don't pay the overdue rent or leave your property by the end of that 10-day notice period, you can move forward with an official eviction hearing.
3. Violationg Lease Agreements
Arkansas landlords can evict tenants if they violate the terms of the lease. These violations might include neglecting the proper upkeep of the property, disturbing the peace of their neighbors, or doing anything intentionally or neglectfully that harms the property.
Other violations may include allowing someone to live on the property who was not approved to do so and denying you or your property management company access. If any of these violations are found, you must serve a 14-day notice to comply or vacate the premises before proceeding with an eviction lawsuit.
4. Illegal or Criminal Activity
You no longer have to provide your tenant with a written notice if they are involved in illegal activities. In Arkansas, you may file an eviction lawsuit immediately and serve an Immediate Notice to Vacate.
Examples of such activities include allowing a common nuisance that causes significant disruption to others' peaceful enjoyment. Another example is if your tenant has committed any criminal offense either on or off the property.
5. Eviction Defense
Tenants may try to claim that you didn't use a legal eviction protection process to evict them. They might say you tried to forcibly remove them by changing the locks or taking their items out of the property.
While some tenants might claim this is retaliation as part of their eviction defense, it's not always effective. Be prepared to go to a court hearing if your tenant tries to fight the eviction.
Know Your Rights
Understanding the eviction protection process is crucial to ensuring you maintain renter rights. It's also the best way to protect yourself as a landlord.
If you need help with rent collection, evictions, and more, contact the pros at Allred Properties today!