6 Steps to Unlawful Detainer – Step 1: The Notice

IMG_7809The 6 Steps to Unlawful Detainer

Part 1 of a 6 part series on the Unlawful Detainer Action in Arkansas.

At some point, every landlord faces the dilemma of having a tenant that won’t pay rent, yet refuses to leave! So, what can you do?

Before you start: 

Know the law: Every state has different laws regarding the rights and responsibilities of landlords and tenants. Be sure that you are familiar with your state’s laws before attempting to evict your tenant.  If not done correctly, YOU might be the one in trouble!

In Arkansas, we have the Unlawful Detainer statutes, at Ark. Code Ann § 18-60-301 et al. These statutes outline your rights as a landlord or property owner, and tell you how to evict a tenant who should no longer be on your property.

Check your lease: Before beginning the unlawful detainer process, please check the language in your lease. You must follow the terms that you and your tenant agreed to in the lease. You must have sufficient grounds to evict your tenant.

Step 1: The Notice

Notice of Unlawful Detainer

NOTICE: You will start the process by giving your tenant a “Notice of Unlawful Detainer & Ejectment.” In most cases, this is a notice informing the tenant they must turn possession of the premises over to you within three days.  The notice also lets the tenant know that if they do NOT leave the rental within three days, that you will take legal action against them. Very specific information and wording needs to be included on this notice, so check with your local attorney or landlord association for direction.

PROOF: You will need to PROVE that you have given the tenants this Notice of Unlawful Detainer & Ejectment. If you hand-deliver the notice directly to the tenant, take a witness with you. If you post the notice on the premises, take a picture. If you mail the notice, send it via certified mail with return receipt.  You will need to have this PROOF that you delivered the notice to the tenant.

SAMPLE: Here is a sample Notice of Unlawful Detainer. Please remember, the information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion.

NOTICE OF UNLAWFUL DETAINER & EJECTMENT
Occupants – URGENT!123 Any StreetCabot, AR 72023

Re:            123 Any St, Cabot, AR 72023

Tax Parcel Number: 000-12345-000.


Dear Sir / Madam:

You are hereby notified to surrender and deliver to me, as attorney for PROPERTY OWNERS, on or before three (3) days from the date of service of this notice, the following property and premises now occupied by you and to the possession of which PROPERTY OWNERS are entitled, in Lonoke County, Arkansas.

Property Address:                   123 Any St, Cabot, AR 72023

Legal Description:                   legal description of property

Parcel Number:                        000-12345-000

Take notice that upon your failure to do so; you will be ejected according to the law.

This notice given and dated this 5th of January, 2016.

                                   

Attorney Name

THIS IS AN ACTION TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

UNLESS YOU NOTIFY THIS OFFICE WITHIN 30 DAYS AFTER YOUR RECEIPT OF THIS LETTER THAT YOU DISPUTE THE VALIDITY OF THIS DEBT, OR ANY PORTION OF THIS DEBT, OUR OFFICE WILL ASSUME THAT THIS DEBT IS VALID. IF YOU NOTIFY US IN WRITING WITHIN THE 30-DAY PERIOD THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, WE WILL OBTAIN A VERIFICATION OF THE DEBT OR A COPY OF A JUDGEMENT AS APPLICABLE, AND A COPY OF SUCH VALIDATION OR JUDGMENT WILL BE MAILED TO YOU. UPON YOUR WRITTEN REQUEST WITHIN THE 30-DAY PERIOD, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE NAMED CREDITOR ABOVE.

Currently on… Step 1: The Notice

Go to… Step 2: The Complaint.

Skip ahead to… Step 3: The Hearing

Skip ahead to… Step 4: The Writ of Possession.

Skip ahead to… Step 5: Execution of the Writ of Possession

Skip ahead to… Step 6: The Damages

If you need help:

If you need assistance with your Landlord-tenant legal matter in Arkansas, please contact Deborah at The Hardin Law Firm, PLC.  For our out-of-state clients, we are available via phone, fax, and email, to assist you with your real estate needs.

ATTORNEY: Learn more about Deborah L. Hardin.

SERVING: Cabot, Beebe, Ward, Searcy, Jacksonville, Lonoke County, White County, Faulkner County, and other central Arkansas areas. We also routinely serve out-of-state property owners, who require representation in Arkansas.

DISCLAIMER: The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

 Last updated: June 13, 2016 at 18:59 pm