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What are my options for collecting overdue rent and eviction in Arkansas?

What are my options for collecting overdue rent and eviction in Arkansas?

Full question:

I own a lot on which I am allowing a man to keep his mobile home in exchange for monthly rent. We have a written agreement, which has been signed by him and by his daughter who actually owns the mobile home in which the man and she are living. Our agreement is dated December of 2006, and in all that time, he has only been on time, with the rent, once. There is no mention of late fees in our agreement, so I have never charged him a late fee. At this time, he is three months past due on the rent. I would like to know my options with regard to collecting the rent, what are the steps to eviction, should I decide to do that. If I choose to continue to allow him to rent the property, can I start charging a late fee without it being stated in the agreement, and if so, what is the amount of the customary late fee charge?

Category: Landlord Tenant
Subcategory: Lease Violation
Date: 04/07/2025
State: Arkansas

Answer:

In Arkansas, you can terminate a lease by giving the tenant at least fourteen days' notice. If rent is five days late, the tenant is considered notified of your right to start eviction proceedings. To begin eviction, file an affidavit of eviction with the local court that details the grounds for eviction. Contact the local clerk of courts for guidance on the appropriate court.

Generally, terms not included in the original agreement cannot be enforced. However, you can draft a new agreement when the current rental period ends, which can include new terms like late fees. Without a specified rental period, the tenancy is typically month-to-month.

Late fees can vary, but they must not be unconscionable. You may want to consult local landlords to understand common practices in your area. Relevant Arkansas statutes include:

18-17-701: Noncompliance with rental agreement
18-17-901: Grounds for eviction of tenant
18-17-902: Eviction proceeding

For nonpayment of rent, if the tenant fails to pay within five days of the due date, you may proceed with eviction (Ark. Code Ann. § 18-17-901).

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.

FAQs

How to propose a rent to own agreement?

To propose a rent-to-own agreement, start by drafting a clear contract that outlines the terms, including the purchase price, rent amount, duration of the rental period, and how much of the rent goes toward the purchase. Discuss these terms with the other party to ensure mutual understanding. It's advisable to consult a legal professional to ensure the agreement complies with state laws and protects both parties' interests.

What is a typical rent-to-own agreement?

A typical rent-to-own agreement allows a tenant to rent a property for a specified period with the option to purchase it at the end of the term. The agreement usually specifies the rental amount, the purchase price, and how much of the rent will be credited toward the purchase. It's essential to include terms regarding maintenance responsibilities and the process for exercising the purchase option.

How much does it cost to draw up a rental agreement?

The cost to draw up a rental agreement can vary widely depending on whether you use a template, hire an attorney, or consult a property management service. Generally, using a template may cost around $20 to $50, while hiring an attorney could range from $100 to $500 or more, depending on the complexity of the agreement and local rates.

How to convince your landlord to do rent-to-own?

To convince your landlord to consider a rent-to-own arrangement, present a well-researched proposal highlighting the benefits for both parties. Emphasize your reliability as a tenant and how this arrangement can provide them with a steady income while giving you the opportunity to purchase the property. Be prepared to negotiate terms that are favorable for both sides.

How do I write a letter of intent for rent?

To write a letter of intent for rent, start with your contact information and the date. Address it to the landlord or property owner, clearly stating your intention to rent the property. Include details such as the rental amount, duration, and any special conditions you wish to propose. Conclude with your willingness to discuss further and provide your contact information for follow-up.