July 27, 2009
Changes To Civil Evictions For Residential Rental Property Clients
Changes To Civil Evictions For Residential Rental Property Clients
Beginning August 1, 2009, we will start using the unlawful detainer procedure again to conduct evictions in Pulaski County. For all clients that have residential rental property outside Pulaski County, your eviction procedures will stay the same for now and we will continue to conduct unlawful detainer civil eviction.
For our clients in Pulaski County, instead of giving the tenants 5 days notice for non-payment of rent, you can now give them 3 days notice again. Also, for non-rent violations of the lease, you can give the tenant a 3 day notice to vacate rather than a 14 day notice.
In the past two years, we have been using the "Affidavit of Eviction" proceedings in Pulaski County that were authorized by the 2007 Arkansas Residential Landlord Tenant Act (Act 1004). Outside of Pulaski County we have always used the unlawful detainer procedure. Act 1004 originally was intended to allow the district courts to hear these cases which would reduce costs. However, Act 1004 had several procedural problems so the Arkansas Supreme Court never granted the district court jurisdiction to hear these eviction cases.
The 2009 Arkansas General Assembly passed laws that go into effect August 1st that changed the eviction laws again. Act 311 of the 2009 Arkansas General Assembly was written to provide changes that would finally allow district courts to hear affidavit of eviction cases. Act 311 was supposed to have fixed the procedural problems of Act 1004 but actually new created problems.
As of now, the district courts do not have the legal authority (jurisdiction) to hear affidavit of eviction cases and the circuit courts no longer have authority to hear the affidavit of eviction cases. Until the Arkansas Supreme Court makes changes in the way the district courts in Arkansas operate and grants them jurisdiction, we will have to go back to filing unlawful detainer evictions. Once the Arkansas Supreme Court grants the district courts jurisdiction, then we can start filing affidavit of eviction cases again. According to my sources, the Arkansas Supreme Court will not meet again until late September, so this is the earliest that the district courts could be granted jurisdiction to hear the affidavit of eviction cases.
The filing fees for unlawful detainers will go from $140 to $165. All other charges will remain the same.
In early August, I will post another blog that gives an overview of all of the new laws that affect the real estate industry. If you have any questions, please call my office at 501-374-5417 or email me at desimmonsar@netscape.net.
Finally, I will be out the office on vacation from July 31, 2009 to August 7, 2009. If you need anything, please call my office number and leave a message. Either Thelma Gunn or I will return your call within 24 hours and do our best to take care of your legal needs. We should still be able to file any evictions sent to us even while I am out of the office. Thank you for your patience and as always thank you for your business.
