Full question:
my husband & I , signed a 1 year lease from year to year and this year has been a bad one, we have been late on the rent a few times. The rent is due on the 1st of the month, but the landlord wants it on the 25th of the month and I told her that some months would be late and she agreed. We paid the rent before the first, but that is not good enough. She gave us a verbal notice to get out on the 5 of oct. We had already paid for the month of oct. I spoke with her on th night of Oct. 6 and she asked if we were home and I told her no. She then called back on the 7th and said she knows we were home someone called her husband. She then said she was giving us a 10 day notice and she did a notice to vacate. I moved. I did small claims on her for kicking us out but what do I do next. She signed her husband's name to the notice to vacate because her husband works out of state and he was away at the time it was put on my door. Is this legal?
- Category: Landlord Tenant
- Date:
- State: Arkansas
Answer:
In Arkansas, a landlord can terminate a rental agreement if the tenant fails to pay rent on time. If rent is unpaid for five days after the due date, the landlord may begin eviction proceedings (Ark. Code Ann. § 18-17-901). A verbal notice is generally insufficient; a written notice specifying the breach is required, allowing the tenant fourteen days to remedy the issue (Ark. Code Ann. § 18-17-701).
Regarding the legality of the notice to vacate signed by your landlord's husband, it depends on whether the landlord had the authority to delegate this action. If the husband is not authorized to act on behalf of the landlord, the notice may be invalid. You may want to consult a legal professional to explore your options further, especially since you have already filed a small claims case against her.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.