October 1, 2009
As promised in my July 27th Blog, I am writing to provide you with more information on changes to the real estate laws enacted by the 2009 Arkansas General Assembly. The laws went into effect on August 1, 2009. Below, I will give you a short summary of the law and provide you with a link to the Arkansas legislature website so that you can download a full version of the Act.
1. Act 274 - provides that the sales tax applies to the proceeds from from renting, leasing,
or otherwise furnishing hotel, motel, house, cabin, bed and breakfast, campground, or short-term condominium, or other similar rental accommodations for sleeping, meeting, or party room facilities for profit in such city or town, but such accommodations shall not include the rental or lease of such accommodations for periods of thirty (30) days or more. We interpret this to mean that the sales tax would be assessed on receipts for the rental of apartments, condos or corporate housing for less than 30 days.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act274.pdf
2. Act 454 - amends numerous sections of the Mechanics and Materialmen's statutes. The changes are too numerous for me to adequately write about in this blog. Needless to say, you need to consult with your attorney if you are faced with an issue regarding the mechanics and materialmen's lien laws.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act454.pdf
3. Act 464 - provides a method to conduct a civil eviction for tenants that engage in gambling, alcohol and prostitution activities. These statutes were revoked by the 2007 Arkansas Residential Landlord Tenant Act and were re-enacted by the 2009 General Assembly. The eviction procedures tract the unlawful detainer procedures however you do not have to give any advanced notice before filing a lawsuit.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act464.pdf
4. Act 707 - provides for reasonable restrictions on youthful consumers who utilize tanning facilities and requires recordkeeping at tanning facilities. The Act specifically applies to apartments and condominiums as well as health clubs. A tanning facility must obtain the signature of a parent/guardian of a person under the age of 18 on a warning statement. The warning statement must contain language specified in the statute.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act707.pdf
5. Act 976 - provides for criminal liability for a social host who knowingly serves alcohol to persons under the age of twenty-one on his or her property. It would appear that this law does not apply to landlords or their agents unless the consumption of alcohol occurs in the individual unit in which the owner or agent resides. You should consult with your attorney if there is any question about the application of this law to your property or situation.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act976.pdf
6. Act 1455 - provides for the Arkansas Fair Debt Collection Practices Act. This Act has broad application 17-24-501 (5) (A) defines person considered to be a debt collector and subject to this Act. Section 17-24-501 (5)(D) names persons who are not considered debt collectors. These person include officers or employees of a creditor that collect in the name of the creditor or a person that is collecting a debt that is incidental to a fiduciary obligation or escrow arrangement. The question may arise as to who is the creditor and who is an employee of the creditor. You should consult with your attorney regarding any questions that you may have about the application of these laws to your situation.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act1455.pdf
7. Act 1467 - provides for a system to license and qualify mold investigators and inspectors.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act1467.pdf
8. Act 311 - provides for changes and clarifications to the Arkansas Residential Landlord Tenant Act. The Act was designed to fix certain procedural and technical problems with the Act that related primarily to the new eviction procedures provided for in the Act. Act 311 provides that jurisdiction for the new civil eviction procedure we call an affidavit of eviction is solely in district court and not circuit court. You can still conduct an unlawful detainer in circuit court.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act311.pdf
9. Act 482 - makes other technice changes and clarifications to the Arkansas Residential Landlord Tenant Act but does not make any substantive changes to the Act.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act482.pdf
10. Act 559 - amends the security deposit laws. Give the landlord 60 days from the date the tenant vacates the premises before the security deposit must be returned or a written disposition statement is provided.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act559.pdf
If you have any question concerning these changes, please feel free to email me.
David E. Simmons
As promised in my July 27th Blog, I am writing to provide you with more information on changes to the real estate laws enacted by the 2009 Arkansas General Assembly. The laws went into effect on August 1, 2009. Below, I will give you a short summary of the law and provide you with a link to the Arkansas legislature website so that you can download a full version of the Act.
1. Act 274 - provides that the sales tax applies to the proceeds from from renting, leasing,
or otherwise furnishing hotel, motel, house, cabin, bed and breakfast, campground, or short-term condominium, or other similar rental accommodations for sleeping, meeting, or party room facilities for profit in such city or town, but such accommodations shall not include the rental or lease of such accommodations for periods of thirty (30) days or more. We interpret this to mean that the sales tax would be assessed on receipts for the rental of apartments, condos or corporate housing for less than 30 days.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act274.pdf
2. Act 454 - amends numerous sections of the Mechanics and Materialmen's statutes. The changes are too numerous for me to adequately write about in this blog. Needless to say, you need to consult with your attorney if you are faced with an issue regarding the mechanics and materialmen's lien laws.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act454.pdf
3. Act 464 - provides a method to conduct a civil eviction for tenants that engage in gambling, alcohol and prostitution activities. These statutes were revoked by the 2007 Arkansas Residential Landlord Tenant Act and were re-enacted by the 2009 General Assembly. The eviction procedures tract the unlawful detainer procedures however you do not have to give any advanced notice before filing a lawsuit.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act464.pdf
4. Act 707 - provides for reasonable restrictions on youthful consumers who utilize tanning facilities and requires recordkeeping at tanning facilities. The Act specifically applies to apartments and condominiums as well as health clubs. A tanning facility must obtain the signature of a parent/guardian of a person under the age of 18 on a warning statement. The warning statement must contain language specified in the statute.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act707.pdf
5. Act 976 - provides for criminal liability for a social host who knowingly serves alcohol to persons under the age of twenty-one on his or her property. It would appear that this law does not apply to landlords or their agents unless the consumption of alcohol occurs in the individual unit in which the owner or agent resides. You should consult with your attorney if there is any question about the application of this law to your property or situation.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act976.pdf
6. Act 1455 - provides for the Arkansas Fair Debt Collection Practices Act. This Act has broad application 17-24-501 (5) (A) defines person considered to be a debt collector and subject to this Act. Section 17-24-501 (5)(D) names persons who are not considered debt collectors. These person include officers or employees of a creditor that collect in the name of the creditor or a person that is collecting a debt that is incidental to a fiduciary obligation or escrow arrangement. The question may arise as to who is the creditor and who is an employee of the creditor. You should consult with your attorney regarding any questions that you may have about the application of these laws to your situation.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act1455.pdf
7. Act 1467 - provides for a system to license and qualify mold investigators and inspectors.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act1467.pdf
8. Act 311 - provides for changes and clarifications to the Arkansas Residential Landlord Tenant Act. The Act was designed to fix certain procedural and technical problems with the Act that related primarily to the new eviction procedures provided for in the Act. Act 311 provides that jurisdiction for the new civil eviction procedure we call an affidavit of eviction is solely in district court and not circuit court. You can still conduct an unlawful detainer in circuit court.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act311.pdf
9. Act 482 - makes other technice changes and clarifications to the Arkansas Residential Landlord Tenant Act but does not make any substantive changes to the Act.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act482.pdf
10. Act 559 - amends the security deposit laws. Give the landlord 60 days from the date the tenant vacates the premises before the security deposit must be returned or a written disposition statement is provided.
http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act559.pdf
If you have any question concerning these changes, please feel free to email me.
David E. Simmons
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