Unlawful Detainer & Evictions

Hot Springs Arkansas Unlawful Detainer & Eviction Attorney

When a tenant is not following the terms and conditions of their lease or rental agreement, it may be time for an eviction. Both landlords and tenants have rights and responsibilities in Arkansas in terms of their property and the eviction. Making sure each complies with the rules and following the procedures accordingly is important to secure justice in any given situation. A mistake can cause delays and other problems contrary to your interests.

Make sure you follow the rules. At Bornhoft Law, our unlawful detainer attorney handles unlawful detainer / eviction cases in Arkansas. We know the law. We know the arguments that are often used on both sides. And we act proactively and professionally to make sure your interests and rights are protected and upheld. Contact us today at 501-501-5297 to schedule a Free Initial Consultation.

Steps to an Unlawful Detainer or Eviction in Arkansas:

Step 1: Notice

To begin, you will need to serve the tenant with a “Notice of Unlawful Detainer” otherwise known as a “Notice to Quit.” This lets the tenant know that they have three (3) days from the date of service of this notice that you will take legal action against them.
You will need to prove that you have given the tenants proper notice. Best practice is to use a process server. If you decide to do this yourself, it is best to take a witness. If you post the notice on the premises, take a picture. If you mail the notice, sent it via mail with return receipt. Service by mail is not suggested.

Step 2: The Complaint

If three (3) days have passed and your tenants have not returned possession to you it is time to file a “Complaint in Unlawful Detainer.” This lays out the legal description of the property, your contract with the tenant's, your cause for unlawful detainer (why you are entitled to possession), notice given to the tenant's as described in Step 1 via notarized affidavit, and basic damages (such as unpaid rent). Attached to this Complaint should be a notarized affidavit of service of the Notice of Unlawful Detainer, the rental contract or agreement, and a notarized affidavit from the property owner.
The notarized affidavit of the property owner should lay out that you are entitled to possession of the property, that the tenant's unlawfully detain said property, that you properly gave notice to the tenant's as described in Step 1, and your damages (such as unpaid rent).
You will also need to file with the Court a “Notice of Intention to Issue Writ of Possession.” This tells the tenants that you have filed a complaint against them, and they have five (5) days to either file an objection or vacate the property.
You will also ask the Court to issue a summons for the tenants.
Next, you must serve your tenants with the Summons, Complaint (with all exhibits), and the Notice of Intention to Issue Writ of Possession. Best practice is to use a process server for the above step. Once completed, file the notarized affidavit of process with the Court.

Step 3: The Hearing

If your tenants do not file an answer within the five (5) days, skip to Step 4 laid out below.
If your tenants file an answer within the five (5) days, the Court will set a hearing date. At that hearing date each side will have an opportunity to present evidence or testimony that supports their position.
1. Evidence that supports your position could be text messages between yourself and the tenant, emails between yourself and the tenant, a recording unpaid rental fees from your business records, bounced checks, photos, or recordings of conversations between yourself and the tenants.
Best practice is to have your exhibits attached to the complaint ready to be entered as evidence, any evidence of unpaid rent, or other applicable evidence supporting your cause of action.
After the hearing, if successful the Court will order the tenant to surrender the property to you.
1. It is possible the Court could give the tenant time to leave or ask the parties to work out an agreement amongst themselves. Every case is different.
To retain possession of your property, you MUST file appropriately to receive possession of your property what is known as a “Writ of Possession.” This is how you get your tenants out.

Step 4: The Writ of Possession

Present or file an “Order for Immediate Possession” to the Court, and request that the Judge sign it. This will be done immediately after the hearing or filed with the Court if no answer to your complaint is filed.
Request that the Clerk issue what is known as a “Writ of Possession.” The Clerk will charge you a fee to issue this writ. This can range from $20-$30.

Step 5: Executing Writ of Possession

Notify the Sheriff that the Writ has been issued and present a copy of the Writ to them with a good physical address for the property that is in the same county as the Sheriff. It is likely that the Sheriff will charge a fee to execute the Writ of Possession, this fee is typically $50.
The Sheriff's will notify the tenants of the Writ of Possession.
1. If within 8 hours the Sheriff cannot find anyone at the property they can serve the Writ of Possession by placing a copy on the door.
Once the other party has been served in either fashion, the Sheriff will issue what is called a Sheriff's return.
If twenty-four (24) hours have passed after service of the Writ of Possession has been made and the tenants have not moved out or possession of the property has not been given back, the Sheriff will notify you and will provide you with all assistance in removing possessions of the Defendant from the property to a place of storage in a public warehouse or some other reasonable safe place under your control until a final determination by the Court.
1. This may necessitate the need to get a storage unit and also a tow company on retainer depending on the circumstances.
2. The Sheriff's will have the right to forcibly remove the tenants and their possessions if necessary.
3. Pursuant to Arkansas Law, landlords have the right to store the tenants property in a place under their possession until a final determination on damages is issued by the Court. Arkansas Code Annotated § 18-60-310(c)(1). (See Assessment of Damages below for further information on this). It is very important if this happens to document what property has been taken from the tenants. Best practice is to take a written accounting with photographs.
Congratulations, you have your property back. However, you are not done yet.

Step 6: Damages

Once possession has taken place, it is time to assess damages. It is important to do this as promptly as possible. This assessment includes unpaid rent, cleaning charges, repair charges, legal fees and costs, as well as costs of storage of now ex-tenant property.
For most rental units, Arkansas Law requires that any security deposit be returned in sixty (60) days. If all or any portion of the security deposit is retained then you will need to provide your ex-tenants with an itemized written notice of damages before the sixty (60) day deadline. If the security deposit does not cover all of the damages, then you will need to take the next step.
Send a demand letter to your ex-tenant's laying out your damages and a due date for payment of said damages.
If your ex-tenant did not file an answer to your original complaint, then you can file a Motion for Default Judgment. This motion lays out the above referenced damages and asks the Court for monetary damages to be awarded. Best practice is to file this motion as “Verified” meaning that it is notarized and with another notarized affidavit with the Court regarding these damages or a statement of the account. Next file with the Court and await your award of damages.
If your tenant did file an answer to your original complaint, then you may need to ask the Court to set another hearing for damages to be determined.

Assessment of Damages Generally in Arkansas Unlawful Detainer Cases:

Arkansas landlords can recover the rent due and agreed upon a the time of the commencement of the action and up to the time of rendering judgment or in the absence of an agreement, the fair rental value. Arkansas Code Annotated § 18-60-309.
If the property is used for “Residential” purposes only, Arkansas Landlords can recover an amount egal to the rental value for each month or a portion thereof for the time the property was unlawfully detained. Arkansas Code Annotated § 18-60-309.
If the property is used for “Commercial or Mixed Residential and Commercial Purposes”, Arkansas Landlords can recover liquidated damages at the rate of three (3) times the rental value per month for the time the property was unlawfully detained. Arkansas Code Annotated § 18-60-309.
Arkansas landlords are also entitled to recover unpaid rent, cleaning charges, repair charges, legal fees and costs, as well as costs of storage of now ex-tenant property.
If a monetary determination is in favor an Arkansas landlord, and it includes a monetary judgement for the Arkansas landlord, the Court shall order the possessions and belongings of the ex-tenant to be sold by the Arkansas landlord in a commercially reasonable manner with the proceeds of the sale applied first to the cost of storage, second to any monetary judgment in favor of the Arkansas landlord, and third in any excess to be remitted to the ex-tenant. Arkansas Code Annotated § 18-60-310(c)(3).

Information and/or Evidence your Attorney will need to file Arkansas Unlawful Detainer Case:

Address of property & legal description of property
A deed to the property
Copy of Lease/Rental Agreement
Evidence of amount of rent per month
Date of first non-payment
Evidence of accounting of all unpaid rental fees (business records of some type preferred)
Total amount of unpaid rental fees
Communications between yourself and tenant such as: text messages between yourself and the tenant, emails between yourself and the tenant
Bounced checks
Photos

Information and/or Evidence your Attorney will need to assess and pursue Damages in your Arkansas Unlawful Detainer Case:

Copy of Lease/Rental Agreement
Evidence of amount of rent per month
Date of first non-payment
Evidence of accounting of all unpaid rental fees (business records of some type preferred)
Total amount of unpaid rental fees
Evidence of cleaning fees
Evidence of damages to property and costs to repair or quotations to repair
Evidence of accounting of tenant's property retained; best practice is a written record of all property including photos or video evidence (only if necessary due to circumstances surrounding execution of writ of possession)

Basic Legal Documents in an Arkansas Unlawful Detainer Case:

Notice of Unlawful Detainer or Notice to Quit
Affidavit of Service for Notice of Unlawful Detainer or Notice to Quit
Complaint in Unlawful Detainer
Affidavit accompanying Complaint in Unlawful Detainer
Summons
Notice of Intent to Issue Writ of Possession
Affidavit of Service for Complaint in Unlawful Detainer, Summons, Notice of Intent to Issue Writ of Possession
Order for Writ of Possession
Writ of Possession
Motion for Default Judgment
Order for Default Judgment
Notice of Hearing on Damages for Default Judgment

Contact an Unlawful Detainer / Evictions Attorney in Hot Springs, Arkansas Today - We proudly serve all of Arkansas

An eviction can be a frustrating, time-consuming process. Making sure you know your rights and responsibilities can go a long way to securing a favorable outcome.

At Bornhoft Law, our eviction lawyer in Hot Springs, Garland County, Arkansas will review your case and advise you of your best legal options. Acting proactively and professionally throughout the course of this process will help you in the long run, and we can help make sure that happens through our representation of you and your rights. Contact us today either by filling out the online form or calling us at 501-501-5297 to schedule a Free Initial Consultation.