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      <title>Comments On: Commission recommends changes in landlord-tenant law
    
      by Max Brantley</title>
      <link>http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law</link>
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      by Max Brantley</description>
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      <pubDate>Sun, 19 May 2013 00:00:01 -0500</pubDate>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2861659]]></link>

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    <author><![CDATA[dandelion]]></author>
    <description>
      
      <![CDATA[I inquired with a landlord who had a house for rent.  He doesn't believe that any laws that apply to landlords and tenants should apply to him because, as he stated in his own words, "this is a small town."  Really?  So is he not also a citizen of Arkansas and the United States?  Is he just an illegal immigrant who doesn't recognize or respect any laws of the land?  Then he bragged about how awesome of a landlord he is, yet he is not honest enough to even work with a lease agreement.  And if he entered an agreement, he said he would just burn it and pretend it never existed. He simply doesn't believe in having an agreement of any kind.  <-- Red Flag for Dishonesty.  He says that if I want to rent bad enough, I would cancel all my trips just to meet him for an interview.  No thank you!  I don't make agreements with anyone who stinks of dishonesty and who isn't honorable enough to respectfully abide by written terms.  Take my money, but not have any agreement?  Only a fool will fall for that.  And I am not a fool.  Sorry, Mr. Dishonest Landlord.  Good luck finding a tenant (victim).
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=2861658">dandelion</a>]]>
    </description>
    <pubDate>Wed, 15 May 2013 14:35:33 -0500</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2800173]]></link>

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    <author><![CDATA[gtfood]]></author>
    <description>
      
      <![CDATA[brn2, can you give me your lawyers name?  we are looking for a lawyer to handle our black mold suit that the landlord knew was there when he rented the house and has made our family very sick.
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=2800172">gtfood</a>]]>
    </description>
    <pubDate>Thu, 11 Apr 2013 14:59:38 -0500</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2783785]]></link>

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    <author><![CDATA[Bobby Brown]]></author>
    <description>
      
      <![CDATA[I was medically retired from the Army due to injuries sustained in Iraq.  I was stationed in Germany and my wife wanted to move back home to Arkansas so, so we found some apartments, which is Chapel Ridge of Sherwood and they seemed nice and quiet.  The staff was all smiles and we have police officers who live out here also so we thought it was perfect.  I had no furniture or anything for the first month because it was in storage at a military facility.  I signed my lease, paid my deposit and got the keys and everyone was all smiles.  I immediately went to my new apartment to began our new beginning.  I unlocked the door and went inside and noticed that the carpet was dirty, I told my wife that we would just get it cleaned ourselves and not to worry about it.  I then went into the master bedroom and look around and killed 4 roaches, I went to the kids bedroom and killed 2 more roaches.  I went to the kitchen and I saw a roach go behind the stove.  So we we over to the office and informed Chella, who is the mananger, that there are roaches in the apartment.  The first thing she said to me was "They probably came in with your belongings".  I was shocked and I told her that all of my things that I have with me are still on the back of my truck and the truck is stilled parked outside of the office so that statement can't be true.  That was in mid August.  We then told them that we have mold in our apartment in November and I was told by the maintenance men that its not mold, it's just mildew, because the way your apartment building is sitting it doesn't get any sunlight.  We then wrote a letter to Chella the manager about the mold situation and she stated the same thing "It's not mold, it's mildew.  And she then said that its our fault and we caused it, but in the next sentence she said exactly what the maintance man said about the building not getting any sunlight.  She was real mean about the situation and she is still angry.  Recently in March I was taking my trash out and she came out of the office and yelled across the parking lot telling me that I need to pay her 16 dollars by the close of business.  I went to the office 3 days before that when I got a letter on my door stating that I owed 16 dollars but I didn't know why.  The assistant manager didn't know why either and she said she would ask Chella about why.  I paid her the sixteen dollars and I never said anything about how unprofessional she was. Today, April 1 2013, we called them to clean the mold and they looked at us like it was our fault.  They took pictures and spray painted the wall and tomorrow they are going to come paint  over the mold.  As a former Soldier who has traveled this globe serving our Country, if my Commander would go nuts if he knew me and my family was living in these conditions and he would make us move immediately, and here in Arkansas I have no rights.  My son is 8 years old and has asthma and Chella knows this because I told her in a letter. I also have a 6 year old son and a 17 mon. Old son.  Please hurry up and push this change through because we don't have the money to just pick up and leave.
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=2783727">Bobby Brown</a>]]>
    </description>
    <pubDate>Mon, 01 Apr 2013 20:14:14 -0500</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2776778]]></link>

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    <author><![CDATA[TrustedCam]]></author>
    <description>
      
      <![CDATA[Want the real facts on landlords and find out what they have really been up to? A new state of the art lease management system shows tenant and landlord history from evictions to late payments!<br>
Check this new system out<br>
<a href="https://www.trustedtenant.com/" rel="nofollow" target="_blank">https://www.trustedtenant.com/</a><br>
Enjoy
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=2776777">TrustedCam</a>]]>
    </description>
    <pubDate>Thu, 28 Mar 2013 14:48:18 -0500</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2737766]]></link>

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    <author><![CDATA[working101]]></author>
    <description>
      
      <![CDATA[Me and my wife have just rented a house in redfield at the first of February. The land lord Brenda cheatham seemed very nice at the time, we payed first month's rent and deposit, and upon paying second months rent 3-1-13, she began harassing us. She has said that because we let the propane in the tank fall below a certain amount, that is grounds for eviction. As far as I know, I am the one responsible for the utilities being paid, which all are current and up to date. After researching the property and the ladies name, I've found that she has scammed several people and has a bad name with the grant county sherriffs department. We have just had a premature baby, and the harassment from this lady is non stop!! I contacted the attorney general and found out that the best thing to do is find another dwelling ASAP. I've never had any complaints from any landlord in the past and this is really stressful, having a new baby, my rent and bills are current, and the only thing that is aledgedly wrong is the propane level. She has threatened that her attorney would write a letter to my employer, and she would sue me for not having propane in the tank. I'm really confused on any wrong doing that I've done. I believe there should be more protection for the tenants in circumstances like these. Now we have been told that we would have to move before April 1 13, but the harassment hasn't stopped. She wants me to put $300 worth of propane in a tank for a house we're being forced out of. Arkansas is way behind the curve in a lot of areas, it's time that the state looks into how other states have progressed and follow suit.
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=2737765">working101</a>]]>
    </description>
    <pubDate>Thu, 07 Mar 2013 10:45:36 -0600</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2678312]]></link>

    <guid isPermaLink="true"><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2678312]]></guid>
    <author><![CDATA[Michael Finn]]></author>
    <description>
      
      <![CDATA[Add this to the reasons that one should stay out of Arkansas...
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=2678311">Michael Finn</a>]]>
    </description>
    <pubDate>Sun, 10 Feb 2013 20:26:27 -0600</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2644653]]></link>

    <guid isPermaLink="true"><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2644653]]></guid>
    <author><![CDATA[brn2]]></author>
    <description>
      
      <![CDATA[My family is the unfortunate victims of a dishonest landlord, John Sullivan, eXp Realty, homeowners Sewell Family, LLC.  We rented a home in Bentonville, Ar (new to the state from Florida) for $1800.00 a month.  It was advertised as a quality executive home built in 2005, that was previously leased to a corporate family that had grown in size and the house was undergoing a complete facelift.  On visual inspection we saw no areas of concern and the house was still undergoing updates (new blinds, etc.) we were told to complete the walk through sheet and the repairs would continue to be made.  We signed the lease in good faith, paid our rent on time and waited for promised repairs.  Then within weeks of moving into the home we discovered the roof had a leak on the 2nd floor.  It was the first rain and the water was pouring in and we immediately called the Sullivan's to report the problem. We did not get a response for 6 hours and when we did, John yelled at us, told us we were responsible for any damages caused by the leak and it was basically our problem.  He did send out his internal crew to fix it.  When it rained again, the roof leaked again and the same thing happened.   Again his crew ( not roofers) were sent in to fix the problem, the carpet had to be lifted and dried again and again we were to,d it was our problem and we were responsible for any damages caused by the leak.  In other words, we could not travel out of town and if we did and the roof leaked while we were gone, we had to pay for repairs and damages.  The blinds were finally replaced.  The dishwasher was not usable, the kitchen sink fell out, electrical problems went unfixed (shorts), the garage door had been hit and dented and the buckling was causing tension on the cog, meaning at some point the door is going to come crashing down and could easily hurt or kill someone.  The gas fireplace was not usable, the fire alarms all needed new batteries, the walls were stained, the countertops damaged, wood floor cosmetic damage, water damage and a broken mailbox.  We reported all of the concerns.  They refused to fix the garage door, the sink, the fireplace, the toilet seats, the fire alarms, and stopped taking are calls or returning our emails.  We continued to express our concerns a bout the safety issues - leaking roof, garage door, sink, electrical.  We were called names by John Sullivan, property mamager and told if we don't like it to take him to court.  We started noticing the growth of mold on fabric items in the master closet and other areas and friends who came over noticed the home had a moldy/mildew smell to it.  We had been experiencing a variety of health issues, respiratory, skin rashes, migraines, etc.  we did some investigating and discovered extensive black mold in the a/c ductwork.  Then it rained again and the roof still had a leak (3 plus attempts and not fixed).  This is a $300,000 home.  It should not be in disrepair.  We did everything that we thought would protect us from renting a home like this.  We went through a property management company/realtor, we paid a high rent, we took John Sullivan at his word that the home was rentable and that the minor cosmetic issues we discovered on walk through would be fixed.  For the safety and health of our children we decided we had no choice but to move out and break our lease.  We found a new rental and began moving.  We moved in the middle of December.  We gave about 10 days notice and were paid on our rent until the end of December.  We put in writing all of the reasons why we moved.  We left the home in ClEAN, undamaged conditioned!  This week we received a bill from John Sullivan's company "The Property Management Store" for damages including $675 for spot painting (the walls are dark brown and we never even hung a single picture), carpet cleaning $200.00, cleaning in general $200.00 (his daughter does their cleaning and his wife is the book keeper).  basically our $1000.00 deposit was used up to make unneeded repairs (if anything, it would or should be considered normal wear and tear, but that didn't even occur as we never used the upstairs because of the leak and we cleaned the house when we moved out).  The letter also included the charge for January's rent -1800.00 and a handwritten note stating we will be billed monthly until the house rents.  The house was put back on the rental market 2 days after we moved out (ready to show condition). No repairs were made to the roof, nothing was done to repair the a/c ductwork and nothing was done to the garage door.  We can only assume that the house has black mold throug out.  We can assume the house still has a roof leak.  We can also assume the house will again be rented in this uninhabitable condition to someone else who falsely assumes that renting this "quality executive home" will be getting just that - but now at a reduced rate of $1750.00 a month.  Our rent was ALWAYS paid ahead of time, we kept the home in good repair.  We were victimized and he is protected by the law.  I'm glad the commission came up with these findings and hope the legislature passes it into law.  Arkansas is a great place to live, but renters need protection too.  It is not even reasonable to expect a renter new to the area to get a home inspection to ensure they are renting a habitable home.  The cost and time alone is prohibitive.  It is not reasonable to expect a renter to make roof repairs to a home that was rented with a known leak ( non-disclosed) and it is far from reasonable to expect someone to continue living in an unsafe home, upon discovery of such conditions.  Further, it is unbelievable that that the home can be back on the market in the same unlivable condition.   Black mold is dangerous.  But lousy landlords are more dangerous.  So now we have to pay possibly over $14000.00 in rent for a home that should not even be rented until it is made safe and habitable.  It will be going to court and hopefully the courts will rule in our favor.  Arkansas it is time to join the other 49 states and hold landlords accountable!  <br>
<br>
Would you continue to live at 710 SW Sterling Place Bentonville, Ar 72712 for $1800.00 a month, with a leaking roof, black mold problem, a dangerous garage door and John Sullivan as your landlord. Is it fair that we lost our deposit and are expected to continue to pay rent until July?  What would you do?  How would you want to be treated?  What about our rights to a safe home?  Who should pay our medical bills?  Our moving expenses?
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=2644649">brn2</a>]]>
    </description>
    <pubDate>Sat, 26 Jan 2013 09:29:25 -0600</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2623174]]></link>

    <guid isPermaLink="true"><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2623174]]></guid>
    <author><![CDATA[Razorblade]]></author>
    <description>
      
      <![CDATA[Howard, it is more than just failure to pay rent, which I do not believe should be a criminal offense.  As a landlord I am sure you have also seen the good, the bad and the ugly, as we have.  For anyone desiring to jump into the pool, our triplex in White Hall is for sale, three identical two bedroom one bath units in a great location, $118,00.
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=1642841">Razorblade</a>]]>
    </description>
    <pubDate>Tue, 15 Jan 2013 11:19:53 -0600</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2622146]]></link>

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    <author><![CDATA[santhony]]></author>
    <description>
      
      <![CDATA[I may be wrong, but I think it only becomes criminal if the tenant refuses to pay and is served notice to depart the premises and after a certain number of days, refuses but insists on staying, rent free.  I think it is called unlawful detainer.
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=1754200">santhony</a>]]>
    </description>
    <pubDate>Mon, 14 Jan 2013 17:06:47 -0600</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2622014]]></link>

    <guid isPermaLink="true"><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2622014]]></guid>
    <author><![CDATA[Gylippus]]></author>
    <description>
      
      <![CDATA[Hmm. I'll need to make sure to have a clause allowing me to leave should the unit become unlivable should I ever rent in Arkansas again.
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=1660929">Gylippus</a>]]>
    </description>
    <pubDate>Mon, 14 Jan 2013 15:38:14 -0600</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2621970]]></link>

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    <author><![CDATA[eLwood]]></author>
    <description>
      
      <![CDATA[>>Arkansas is the only state that makes failure to pay rent a criminal violation.<<br>
<br>
Try to get a warrant issued on it. It's not on the top of a county prosecutor's priorities. <br>
It does make extra work for lawyers.
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=1070329">eLwood</a>]]>
    </description>
    <pubDate>Mon, 14 Jan 2013 15:10:41 -0600</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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    <title><![CDATA[Re: Commission recommends changes in landlord-tenant law]]></title>

    
    <link><![CDATA[http://www.arktimes.com/ArkansasBlog/archives/2013/01/14/commission-recommends-changes-in-landlord-tenant-law/#2621914]]></link>

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    <author><![CDATA[Slingerland]]></author>
    <description>
      
      <![CDATA[As a landlord, it was my privilege to serve on this Commission.  The Commission was evenly balanced between those with legal background and those with real-world business background.  As in many other aspects of life, there were two major viewpoints: one pro-tenant, and the other pro-landlord.  <br>
<br>
During the meetings, I came to respect my fellow Commissioners.  The discussions were often spirited, but both sides were very willing to listen to the concerns of the other side.  In fact, at one early meeting, Marshal Prettyman (pro-tenant) and I were discussing an issue… by the time the discussion completed, he had started to argue in favor of my side and I had started to argue his!  <br>
<br>
Let me point out something Steve Giles said: “there are good landlords out there who already voluntarily include many of these recommended protections in their lease agreements”.  In my years of experience, 90% of landlords are good people, and 90% of tenants are good people.  You never see those landlord-tenant relationships because they work out well.<br>
<br>
It’s the 10% (of BOTH populations) who cause the problems.  And as a landlord, I’m tired of MY reputation being smeared by the 10% of crappy landlords in this state.  I’ve put my personal blood and sweat into my properties, and I am proud of what I do.<br>
<br>
Good landlords… and there are HUNDREDS of them… recognize that they are responsible for keeping up their properties.  The tenant is the customer, and they pay rent for safe, solid homes.  <br>
<br>
Good tenants realize this is a business for the landlord, not an entitlement.  The tenant knows they must pay the rent on time, not intentionally tear up the property, and to call the landlord when a repair is needed.<br>
<br>
The bottom line is that this document, while not perfect, is one that was unanimously agreed to by members both pro-tenant and pro-landlord.  It is not actual legislation… it is still possible for bad legislation to be run.  But it is a good place to start from. <br>
<br>
Howard Warren<br>
Landlords’ Association of Arkansas
        
        <br />
        Posted by 
        
          <a href="http://www.arktimes.com/arkansas/Profile?oid=1076005">Slingerland</a>]]>
    </description>
    <pubDate>Mon, 14 Jan 2013 14:49:48 -0600</pubDate>
    <source url="http://www.arktimes.com">Arkansas Times</source>
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