Switch to the mobile version of this page.

Arkansas Times

February 14, 2013 News » Arkansas Reporter

No rights for tenants in Arkansas

Study panel wants landlords to fix properties, end retaliatory eviction.

by Cheree Franco

Page 6 of 6

HRW recommends repealing failure-to-vacate in its entirety during the 2013 legislative session, and until repeal, requiring courts to report these cases and their verdicts and sentences to the Administrative Office of the Courts.

In addition to a lack of protection from retaliatory eviction, tenants are not protected from undue landlord access to the space (entering with no notice). The commission would address that by limiting landlord access to the premises. Other recommendations made by the commission: adding stronger protections against discrimination and for domestic violence victims, and adding the missing portions of the Uniform Residential Landlord and Tenant Act (URLTA). URLTA is a sample law, essentially a recommendation to all states, adopted in 1972 by uniform law commissioners from each state. Twenty-one states have enacted the URLTA, but Arkansas is not among them. That's because, in 2007, the Arkansas legislature enacted only half of the act — the half that provides landlord protections. Arkansas didn't enact any of the tenant protections, which is why landlords don't have to keep up common spaces, provide waste receptacles or maintain basic sanitary conditions, and can continue to enforce a tenant's lease even if the premise becomes uninhabitable due to natural disaster. Under URLTA, asking tenants to give up legal rights is punishable by requiring the landlord to cover the cost of the tenant's attorney fees and three months' waived rent.

Landlords often do credit, background and reference checks on tenants, sometimes at the tenant's expense. But beyond word of mouth, tenants have little guidance on which landlords to avoid. The attorney general's office doesn't keep a comprehensive record of tenant complaints, and the Arkansas Real Estate Commission only investigates complaints against realtors who manage other people's properties. There is no oversight for landlords who manage their own property, since the Arkansas Landlords Association doesn't have any system of processing or verifying complaints.

Withholding rent for any reason is immediate grounds for eviction. You can sue if evicted and to get out of the lease, Foster said, "But how many renters have the resources to sue? ... You'll hear from landlords that there were pro-tenant people on the commission, but I'm not pro-tenant. I'm pro-fairness. We are so far out of line from other states. Are Arkansas tenants so different? What makes Arkansas tenants so bad that we have to take away their rights?"

There's a chance the legislature could act on the reforms during this legislative session. The study commission has asked that a bill be drafted and "a number of legislators have expressed interest," Foster said. She thinks the recommendations will have a better chance of passing if they are divided into separate pieces of legislation.

Full text

« previous 1 2 3 4 5 6

        
Tweet
Share

Tags: Arkansas Reporter, Petrice Howard, Joi Whitfield, "Pay the Rent or Face Arrest: Abusive Impacts of Arkansas's Draconian Evictions Law", Alicia Walton-Middleton, Chris Albin-Lackey, Lynn Foster, Erin O'Leary, Arkansas Legal Services

« Arkansas judges want age limit removed | Arkansas medical marijuana supporters are back »

more News »

Arkansas Reporter archives »

Comments (4)

Showing 1-4 of 4

Add a comment

Subscribe to this thread:

By Email

With RSS

Showing 1-4 of 4

More by Cheree Franco

Nelson complains to SEC about gas companies

Sheffield Nelson thinks XTO Energy (a subsidiary of Exxon) and Southwestern Natural, two publicly traded companies that are drilling for natural gas in Arkansas, have violated Securities and Exchange Commission rules on financial disclosure through representations made to fight a tax increase.
- by Cheree Franco
- Jun 26, 2012
Schlafly's Beer and Arkansas Times team up for pub crawl

In continuation of our Craft Beer Fest, on Dec. 5 from 6 to 9 p.m., Schlafly Beer out of St. Louis will team up with the Arkansas Times to throw a pub crawl benefiting Argenta Arts Foundation.
- by Cheree Franco
- Nov 27, 2012
Guillermo's debuts beer and wine

This weekend the gourmet coffee joint Guillermo's debuted it's beer and wine bar, which stays open till 10 on weeknights and 1 a.m. on weekends.
- by Cheree Franco
- Nov 27, 2012
More »

People who saved…

Latest in Arkansas Reporter

Efficiency program from Entergy Arkansas could save you money

It often provides thousands in repairs to your home at no cost to you.
- by David Koon
- May 16, 2013
Groups battling SWEPCO encroachment on Arkansas landmarks

An odd set of corporate, municipal and grassroots bedfellows has coalesced in Northwest Arkansas around opposition to a proposed Southwestern Electric Power Co. power-line project that critics say could encroach on some of the most scenic places in the Ozarks.
- by David Koon
- May 9, 2013
Groups battling SWEPCO encroachment on Arkansas landmarks

An odd set of corporate, municipal and grassroots bedfellows has coalesced in Northwest Arkansas around opposition to a proposed Southwestern Electric Power Co. power-line project that critics say could encroach on some of the most scenic places in the Ozarks.
- by David Koon
- May 9, 2013
More »