Arkansas Landlord Tenant Law - Click here to return to US Landlord
Subchapter
1. General Provisions.
18-16-101. Failure to pay rent - Refusal to vacate upon
notice - Penalty.
18-16-102. Lessee unlawfully collecting from subtenant -
Penalty.
18-16-103. Rent collection by personal representative of life
tenant.
18-16-104. Penalty for enticing renter away.
18-16-105. Termination of oral lease of farmlands.
18-16-106. Holding over after termination of term.
18-16-107. Failure to quit after notice of intention.
18-16-108. Property left on premises after termination of
lease.
18-16-109. [Transferred.]
Subchapter 2. Actions Against
Tenants.
18-16-201. Ejectment for nonpayment of rent.
18-16-202. Duty of tenant to notify landlord.
18-16-203. Actions for use and occupation.
18-16-204. Remedy where lease for life.
18-16-205. Recovery of rent in arrears due decedent.
Subchapter 3. Security Deposits.
18-16-301. Definitions.
18-16-302. Transferee, etc., bound.
18-16-303. Exemptions.
18-16-304. Maximum amount.
18-16-305. Refund required - Exceptions.
18-16-306. Remedies.
Subchapter 4. Self-Service Storage
Facilities.
18-16-401. Definitions.
18-16-402. Operator's lien on stored property.
18-16-403. Use for residential purposes.
18-16-404. Notice of lien.
18-16-405. Access to leased space - Care of property.
18-16-406. Default - Right to sell property.
18-16-407. Sale procedure.
18-16-408. Disposition of sale proceeds.
18-16-409. Notices - Method of delivery.
Subchapter 1.
General Provisions.
18-16-101. Failure to pay rent - Refusal to vacate upon
notice - Penalty.
(a) Any person who shall rent any dwelling house or other building
or any land situated in the State of
Arkansas and who shall refuse or fail to pay the rent therefor when due
according to contract shall at once
forfeit all right to longer occupy the dwelling house or other building or land.
(b) If, after ten (10) days' notice in writing shall have been given
by the landlord or his agent or attorney
to the tenant to vacate the dwelling house or other building or land, the tenant
shall willfully refuse to
vacate and surrender the possession of the premises to the landlord or his agent
or attorney, the tenant shall
be guilty of a misdemeanor. Upon conviction before any justice of the peace or
other court of competent
jurisdiction in the county where the premises are situated, the tenant shall be
fined in any sum not less than
one dollar ($1.00) nor more than twenty-five dollars ($25.00) for each offense.
Each day the tenant shall
willfully and unnecessarily hold the dwelling house or other building or land
after the expiration of notice to
vacate shall constitute a separate offense.
History. Acts 1901, No. 122, 1, p. 193; C. & M. Dig.,
6569; Acts 1937, No. 129, 1; Pope's
Dig., 8599; A.S.A. 1947, 50-523.
18-16-102. Lessee unlawfully collecting from subtenant
- Penalty.
(a) It shall not be lawful for anyone who has leased any lands from
one (1) or more persons and sublet
any portion thereof to others to take or collect any rent from the subtenant
before final settlement with the
landlord, without first having obtained from the landlord or his agent and
delivered to the subtenant a
written direction stating the amount of rent authorized to be collected from the
subtenant. If, afterward, the
principal tenant shall fail to pay to the landlord his rent due, the amount paid
by the subtenant upon the
written direction shall be deducted from the pro rata amount of rent for which
the land cultivated by the
subtenant would otherwise be liable to the landlord under existing laws.
(b) Every principal tenant or his agent who without first having
paid or settled with the landlord or
produced and delivered the written directions as stated in subsection (a) of
this section, shall collect or
attempt to collect any rent from any subtenant shall be deemed guilty of a
misdemeanor. Upon conviction,
he shall be punished by fine of not less than fifty dollars ($50.00) nor more
than five hundred dollars
($500) or by imprisonment not exceeding six (6) months, or by both fine and
imprisonment.
History. Acts 1883, No. 21, 1, p. 32; 1893, No. 131, 1, p.
228; C. & M. Dig., 6894-6896;
Pope's Dig., 8850-8852; A.S.A. 1947, 50-521, 50-522.
18-16-103. Rent collection by personal representative
of life tenant.
The executor or administrator of any tenant for life who shall have
demised any lands or tenements so
held and shall die on or before the day when any rent on the demise shall
become payable may recover:
(1) If the tenant for life dies on
the day the rent becomes due, the whole rent;
(2) If he dies before the day on
which the rent becomes due, the proportion of the rent as shall have
accrued before his death.
History. Rev. Stat., ch. 88, 1; C. & M. Dig., 6549; Pope's
Dig., 8579; A.S.A. 1947, 50-501.
18-16-104. Penalty for enticing renter away.
If any person shall interfere with, entice away, knowingly employ, or
induce a renter who has contracted
with another person for a specified time to leave the leased premises before the
expiration of his contract
without the consent of the landlord, that person shall, upon conviction before
any justice of the peace or
circuit court, be fined not less than twenty-five dollars ($25.00) nor more than
five hundred dollars ($500).
In addition, he shall be liable to the landlord for all advances made by him to
the renter by virtue of his
contract, whether verbal or written, with the renter and for all damages which
he may have sustained by
reason thereof.
History. Acts 1883, No. 96, 8, p. 176; 1905, No. 298, 1, p.
726; C. & M. Dig., 6570; Acts
1923 (1st. Ex. Sess.), No. 34, 1; Pope's Dig., 8600; A.S.A.
1947, 50-524.
18-16-105. Termination of oral lease of farmlands.
The owner of farmlands which are leased under an oral agreement may elect
not to renew the oral rental or
lease agreement for the following calendar year by giving written notice by
certified registered mail to the
renter or lessee, on or before June 30, that the lease or rental agreement will
not be renewed for the
following calendar year.
History. Acts 1981, No. 866, 1; A.S.A. 1947, 50-531.
18-16-106. Holding over after termination of term.
(a) If any tenant for life or years, or if any other person who may
have come into possession of any lands
and tenements under, or by, collusion with the tenant, shall willfully hold over
after the termination of the
term and thirty (30) days' previous notice in writing given, requiring the
possession thereof by the person
entitled thereto, the person so holding over shall pay to the person so kept out
of possession double the
yearly rent of the lands or tenements so detained for all the time he shall keep
the person entitled thereto out
of possession.
(b) There shall be no relief in equity against any recovery
had at law under subsection (a) of this section.
History. Rev. Stat., ch. 88, 9, 10; C. & M. Dig.,
6557, 6558; Pope's Dig., 8587, 8588;
A.S.A. 1947, 50-509, 50-510.
18-16-107. Failure to quit after notice of intention.
(a) If any tenant shall give notice in writing of his
intention to quit the premises held by him at a time
specified in the notice and shall not deliver up the possession thereof at such
time, the tenant, his executor
or administrator, shall henceforth pay to the landlord, his heirs or assigns,
double the rent reserved during
all the time the tenant shall so continue in possession of the premises.
(b) The double rent may be recovered by a civil action
in any court having jurisdiction thereof.
History. Rev. Stat., ch. 88, 7, 8; C. & M. Dig.,
6555, 6556; Pope's Dig., 8585, 8586;
A.S.A. 1947, 50-507, 50-508.
18-16-108. Property left on premises after termination
of lease.
Upon the voluntary or involuntary termination of any lease agreement, all
property left in and about the
premises by the lessee shall be considered abandoned and may be disposed of by
the lessor as the lessor
shall see fit without recourse by the lessee. All property placed on the
premises by the tenant or lessee is
subjected to a lien in favor of the lessor for the payment of all sums agreed to
be paid by the lessee.
History. Acts 1987, No. 577, 2.
18-16-109. [Transferred.]
Subchapter 2.
Actions Against Tenants.
18-16-201. Ejectment for nonpayment of rent.
(a) Whenever a half-year's rent or more is in arrears from a
tenant, the landlord, if he has a subsisting
right by law to reenter for the nonpayment of the rent, may bring an action of
ejectment to recover the
possession of the demised premises.
(b) If a summons in the action cannot be served in the ordinary
mode provided by law, it may be served
by affixing a copy thereof on a conspicuous part of the demised premises, where
it may be conveniently
read.
(c) The service of the summons in such an action of ejectment shall
be deemed and stand instead of a
demand of the rent in arrears and of a reentry on the demised premises.
(d) If on the trial of the action it is proved or upon judgment by
default it appears to the court by affidavit
that the plaintiff had a right to commence the action according to the
provisions of this section, then he
shall have judgment to recover the possession of the demised premises and costs
of suit.
(e) If the defendant, before judgment is given in the action,
either tenders to the landlord or brings into
court where the suit is pending all the rent then in arrears and all costs, all
further proceedings in the action
shall cease.
(f) If the rent and costs remain unpaid for six (6) months after
execution upon such a judgment in
ejectment is executed and no complaint for relief in equity is filed within that
time, then the lessee and his
assigns, and all other persons deriving title under the lease from the lessee,
shall be barred from all relief in
law or equity, except for error in the record or proceedings, and the landlords
shall henceforth hold the
demised premises discharged from the lease.
(g) A mortgagee of the lease not in possession of the demised
premises who, within six (6) months after
execution of any judgment in ejectment is executed, shall pay all rent in
arrears, pay all costs and charges
incurred by the landlord, and perform all the agreements which ought to be
performed by the first lessee
shall not be affected by the recovery in ejectment.
History. Rev. Stat., ch. 88, 15-21; C. & M. Dig.,
6562-6568; Pope's Dig., 8592-8598;
A.S.A. 1947, 50-514 - 50-520.
18-16-202. Duty of tenant to notify landlord.
Every tenant on whom a summons in ejectment to recover the tenements by
him held shall be served
shall forthwith give notice thereof to the person, or the agent of the
person, of whom the tenant holds.
History. Rev. Stat., ch. 88, 6; C. & M. Dig., 6554; Pope's
Dig., 8584; A.S.A. 1947, 50-506.
18-16-203. Actions for use and occupation.
(a) A landlord may recover in a civil action a reasonable
satisfaction for the use and occupation of any
lands and tenements held by any person under an agreement not made by deed.
(b) If a parol demise or other agreement not by deed, by which a
certain rent is reserved, appears in
evidence on the trial of the action, the plaintiff shall not on that account be
barred from a recovery, but may
make use thereof as evidence of the amount of damages to be recovered.
(c) Where lands or tenements are held and occupied by any person
without any special agreement for
rent, the owner of the lands or tenements, or his executor or administrator, may
sue for and recover a fair
and reasonable compensation for the use and occupation by a civil action in any
court having jurisdiction
thereof.
History. Rev. Stat., ch. 88, 11-13; C. & M. Dig.,
6559-6561; Pope's Dig., 8589-8591;
A.S.A. 1947, 50-511 - 50-513.
18-16-204. Remedy where lease for life.
Any person having any rent due upon any lease for life may have the same
remedy by action for the
recovery thereof as if the lease was for years.
History. Rev. Stat., ch. 88, 4; C. & M. Dig., 6552; Pope's
Dig., 8582; A.S.A. 1947, 50-504.
18-16-205. Recovery of rent in arrears due decedent.
(a) Every person entitled to any rent dependent upon the life of
any other may, notwithstanding the death
of the other person, have the same remedy by action for the recovery of all
arrears of the rent that may be
due and unpaid at the death of the person as he might have if the person were
still living.
(b) Every person having in right of his wife any freehold estate in
any rents may, if the rent is due and
unpaid at the time of his wife's death, have the same remedy by action for the
recovery of the arrears as he
might have if the wife were still living.
(c) The executor or administrator of any person to whom any rent
shall have been due and unpaid at the
time of the death of the person may have the same remedy, by action against the
tenant, or his executor or
administrator, for the recovery thereof that the testator or intestate might
have had.
History. Rev. Stat., ch. 88, 2, 3, 5; C. & M. Dig.,
6550, 6551, 6553; Pope's Dig., 8580,
8581, 8583; A.S.A. 1947, 50-502, 50-503, 50-505.
Subchapter 3.
Security Deposits.
18-16-301. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) "Landlord" means the owner,
lessor, or sublessor of the dwelling unit or the building of which it is
a part;
(2) "Dwelling unit" means a
structure or the part of the structure that is used as a home, residence, or
sleeping place by one (1) person who maintains a household or by two (2) or more
persons who maintain a
common household;
(3) "Owner" means one (1)
or more persons, jointly or severally, in whom is vested:
(A) All or
part of the legal title to property; or
(B) All or
part of the beneficial ownership and a right to present use and enjoyment of the
premises.
The term includes a mortgagor in possession;
(4) "Person" means any
individual, firm, partnership, corporation, association, or other organization;
(5) "Rent" means all
payments to be made to the landlord under the rental agreement;
(6) "Rental agreement"
means all written or oral agreements and valid rules and regulations
embodying the terms and conditions concerning the use and occupancy of a
dwelling unit and premises;
(7) "Premises" means a
dwelling unit and the structure of which it is a part and facilities and
appurtenances therein and grounds, areas, and facilities held out for the use of
tenants generally or whose
use is promised to the tenant;
(8) "Tenant" means a person
entitled under a rental agreement to occupy a dwelling unit to the
exclusion of others.
History. Acts 1979, No. 531, 1; A.S.A. 1947, 50-525.
18-16-302. Transferee, etc., bound.
The transferee, assignee, or other holder of the landlord's interest in
the premises at the time of the
termination of the tenancy is bound by this subchapter.
History. Acts 1979, No. 531, 5; A.S.A. 1947, 50-529.
18-16-303. Exemptions.
(a) This subchapter shall not apply to dwelling units owned by an
individual, if the individual, his spouse
and minor children, and any and all partnerships, corporations, or other legal
entities formed for the
purpose of renting dwelling units and of which they are officers, owners, or
majority shareholders own, or
collectively own, five (5) or fewer dwelling units.
(b) This exemption does not apply to units for which
management, including rent collection, is performed
by third persons for a fee.
History. Acts 1979, No. 531, 6; A.S.A. 1947, 50-530.
18-16-304. Maximum amount.
A landlord may not demand or receive a security deposit, however
denominated, in an amount or value
in excess of two (2) months periodic rent.
History. Acts 1979, No. 531, 2; A.S.A. 1947, 50-526.
18-16-305. Refund required - Exceptions.
(a) Within thirty (30) days of termination of the tenancy, property
or money held by the landlord as
security shall be returned to the tenant. However, the money may be applied to
the payment of accrued
unpaid rent and any damages which the landlord has suffered by reason of the
tenant's noncompliance with
the rental agreement, all as itemized by the landlord in a written notice
delivered to the tenant, together with
the remainder of the amount due thirty (30) days after termination of the
tenancy and delivery of possession
by the tenant.
(b) The landlord shall be deemed to have complied with subsection
(a) of this section by mailing via first
class mail the written notice and any payment required to the last known address
of the tenant. If the letter
containing the payment is returned to the landlord and if the landlord is unable
to locate the tenant after
reasonable effort, then the payment shall become the property of the landlord
one hundred eighty (180)
days from the date the payment was mailed.
History. Acts 1979, No. 531, 3; A.S.A. 1947, 50-527.
18-16-306. Remedies.
(a) If the landlord fails to comply with this subchapter, the
tenant may recover the property and money
due him, together with damages in an amount equal to twice the amount wrongfully
withheld, costs, and
reasonable attorney's fees. However, the landlord shall be liable only for costs
and the sum erroneously
withheld if the landlord shows by the preponderance of the evidence that his
noncompliance resulted from
an error which occurred despite the existence of procedures reasonably designed
to avoid such errors or
was based on a good faith dispute as to the amount due.
(b) This section does not preclude the landlord or tenant
from any other relief to which either may be
lawfully entitled.
History. Acts 1979, No. 531, 4; A.S.A. 1947, 50-528.
Subchapter 4.
Self-Service Storage Facilities.
18-16-401. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) "Self-service storage
facility" means any real property used for renting or leasing individual
storage
spaces in which the occupants themselves customarily store and remove their own
personal property on a
self-service basis;
(2) "Rental agreement" means any
written agreement that establishes or modifies the terms, conditions,
or rules concerning the use and occupancy of a self-service storage facility;
(3) "Leased space" means the
individual storage space at the self-service facility which is rented to an
occupant pursuant to a rental agreement;
(4) "Occupant" means a person or
entity entitled to the use of a leased space at a self-service storage
facility under a rental agreement;
(5) (A) "Operator" means the
owner, operator, lessor, or sublessor of a self-service storage facility, an
agent, or any other person authorized to manage the facility;
(B)
"Operator" does not mean a warehouseman, unless the operator issues a
warehouse receipt,
bill of lading, or other document of title for the personal property stored;
(6) (A) "Personal property"
means movable property not affixed to the land;
(B)
"Personal property" includes, but is not limited to, goods, wares,
merchandise, motor vehicles,
watercraft, and household items and furnishings;
(7) "Default" means the failure
to perform on time any obligation or duty set forth in the rental
agreement;
(8) "Last known address" means
that address provided by the occupant in the rental agreement or the
address provided by the occupant in a subsequent written notice of a change of
address;
(9) "Net proceeds" as used in
18-16-407(e) means the proceeds from the sale authorized after
deduction for expenses incurred by the operator to exercise its rights under
this subchapter including, but
not limited to, attorneys' fees, auctioneers' fees, postage, and publication
costs, together with the debt owed
by the operator and charges directly related to preserving, assembling,
advertising, and selling under this
subchapter.
History. Acts 1987, No. 576, 1.
18-16-402. Operator's lien on stored property.
(a) The operator of a self-service storage facility has a lien on
all personal property stored within each
leased space for rent, labor, or other charges and for expenses reasonably
incurred in its sale, as provided
in this subchapter.
(b) The lien provided for in this section attaches as of the date
the personal property is brought to the
self-service storage facility and shall be superior to any other lien or
security interest except the following:
(1) A lien which is perfected and
recorded in Arkansas in the name of the occupant, either in the
county of the occupant's last known address or in the county where the
self-service storage facility is
located, prior to the date of the rental agreement;
(2) Any tax lien; and
(3) Any lienholder with a perfected
security interest in the property.
(c) Nothing in this subchapter shall be construed to prohibit the
occupant, operator, lienholder, or any
other person or entity claiming an interest in the property stored in the leased
space from applying to a
court of competent jurisdiction to determine the validity of the lien or its
priority.
History. Acts 1987, No. 576, 3, 7.
18-16-403. Use for residential purposes.
(a) An operator may not knowingly permit a leased space
at a self-service storage facility to be used for
residential purposes.
(b) An occupant may not use a leased space for
residential purposes.
History. Acts 1987, No. 576, 2.
18-16-404. Notice of lien.
The rental agreement shall contain a statement, in bold type, advising the
occupant:
(1) Of the existence of the lien; and
(2) That property stored in the
leased space may be sold to satisfy the lien if the occupant is in default.
History. Acts 1987, No. 576, 3.
18-16-405. Access to leased space - Care of property.
(a) If an occupant is in default, the operator may deny
the occupant access to the leased space.
(b) (1) Unless the rental agreement specifically
provides otherwise and until a lien sale under this
subchapter, the exclusive care, custody, and control of all personal property
stored in the leased self-service
storage space remains vested in the occupant.
(2) Entry of the
leased space by the operator for the purpose of complying with this subchapter
shall
not constitute conversion nor impose any responsibility for the care, custody,
and control of any of the
personal property stored.
History. Acts 1987, No. 576, 4, 5; 1991, No. 786, 28.
18-16-406. Default - Right to sell property.
If the occupant is in default for a period of more than forty-five (45) days,
the operator may enforce the lien
by selling the property stored in the leased space at a public sale for cash.
History. Acts 1987, No. 576, 4.
18-16-407. Sale procedure.
(a) Before conducting a sale under 18-16-406, the
operator shall:
(1) Notify the occupant
in writing of the default. The notice shall be sent by certified mail, return
receipt requested, to the occupant at the occupant's last known address, and
shall include:
(A) A statement that the contents of the occupant's leased space are
subject to the operator's lien;
(B) A statement of the operator's claim, indicating the charges due on the
date of the notice, the
amount of any additional charges which shall become due before the date of sale,
and the date
those additional charges shall become due;
(C) A demand for payment of the charges due within a specified time, not
less than fourteen (14)
days after the date that the notice was mailed;
(D) A statement that unless the claim is paid within the time stated, the
contents of the occupant's
space will be sold at a specified time and place;
(E) The name, street address, and telephone number of the operator or his
designated agent,
whom the occupant may contact to respond to the notice; and
(F) Designation of the date, time, and place where the contents will be
sold unless the default is
remedied prior to sale;
(2) Publish one (1)
advertisement in a newspaper of general circulation in the county in which the
storage facility is located at least seven (7) days prior to sale;
(3) Contact the circuit
clerk in the county where the personal property is stored to determine the
name and address of any holder of liens or security interests in the personal
property being sold. The owner
shall notify by certified mail, return receipt requested, each holder of a lien
or security interest of the time
and place of the proposed sale at least ten (10) days prior to conducting the
sale. The owner shall be
required to notify the holder of a lien or security interest only if the lien or
security interest is filed under the
name of the occupant.
(b) At any time before a sale under this section, the
occupant may pay the amount necessary to satisfy
the operator's lien and redeem the occupant's personal property.
(c) The sale under this subchapter shall be held at the
self-service storage facility where the personal
property is stored.
(d) A purchaser in good faith of any personal property
sold under this subchapter takes the property free
and clear of any rights of:
(1) Persons against whom
the lien was valid; and
(2) Other lienholders.
(e) If the operator complies with the provisions of
this subchapter, the operator's liability:
(1) To the occupant shall
be limited to the net proceeds received from the sale of the personal
property; and
(2) To other lienholders
shall be limited to the net proceeds received from the sale of any personal
property covered by the other liens or the amount owed to such lienholders,
whichever is less.
(f) The operator shall retain a copy of all notices and
return receipts required by subsection (a) of this
section for six (6) months following the date of the lien sale.
History. Acts 1987, No. 576, 4.
18-16-408. Disposition of sale proceeds.
(a) Proceeds from the sale shall be applied to satisfy
the lien, and any surplus shall be disbursed as
provided in subsection (b) of this section.
(b) If a sale is held under this subchapter, the
operator shall:
(1) Satisfy the
lien from the proceeds of the sale;
(2) Hold the
balance, if any, for delivery on demand to the occupant or any other recorded
lienholders. If demand is not made within two (2) years after the date of the
sale, the surplus shall escheat
to the county.
History. Acts 1987, No. 576, 4.
18-16-409. Notices - Method of delivery.
(a) Unless otherwise specifically provided, all notices
required by this subchapter shall be sent by
certified mail, return receipt requested.
(b) (1) Notices sent to the operator shall be sent to the
self-service storage facility where the occupant's
property is stored.
(2) Notices to the
occupant shall be sent to the occupant at the occupant's last known address.
(3) Notices shall be
deemed delivered when deposited with the United States Postal Service, properly
addressed as provided in 18-16-407(a) with postage prepaid.
History. Acts 1987, No. 576, 4.
State of Arkansas
Title 18. Property.
Subtitle 5. Civil Actions.
Chapter 60. Miscellaneous Proceedings
Relating to Property.
Subchapter 3.
Forcible Entry and Detainer; Unlawful Detainer.
Subchapter 3.
Forcible Entry and Detainer; Unlawful Detainer.
18-60-301. Legislative intent.
18-60-302. Improper entry prohibited.
18-60-303. Actions constituting forcible entry and detainer.
18-60-304. Actions constituting unlawful detainer.
18-60-305. Applicability to all estates.
18-60-306. Jurisdiction.
18-60-307. Proceedings in court.
18-60-308. Title to premises not adjudicated.
18-60-309. Judgment for plaintiff - Assessment of damages - Writs of
possession and restitution.
18-60-310. Execution of writ of possession.
18-60-311. Judgment for defendant.
18-60-312. Other causes of action not precluded.
18-60-301. Legislative intent.
Acts 1875, No. 85 [repealed], as amended by Acts 1875 (Adj. Sess.) No. 56;
Acts 1891, No. 8 [repealed];
and Acts 1947, No. 373 [repealed], which declare and describe the cause of
action for forcible entry and
detainer and unlawful detainer and prescribe the procedure for carrying out the
rights and remedies granted
to affected parties thereunder, is in need of clarification and revision in
order that persons affected thereby
may be afforded reasonable opportunity to be heard on legitimate objections to
writs of possession entered
in accordance with the provisions of this law. It is, therefore, found to be to
the best interest of the people
of this state that an additional procedure be specifically prescribed for the
enforcement of the rights of
parties claiming a cause of action by reason of forcible entry and detainer or
unlawful detainer of real
property and those persons against whom such causes of action are brought.
History. Acts 1981, No. 615, 1; A.S.A. 1947, 34-1501.
18-60-302. Improper entry prohibited.
No person shall enter into or upon any lands, tenements, or other
possessions and detain or hold them
except where an entry is given by law, and then only in a peaceable manner.
History. Acts 1981, No. 615, 2; A.S.A. 1947, 34-1502.
18-60-303. Actions constituting forcible entry and
detainer.
Any person who shall enter into or upon any lands, tenements, or other
possessions and detain or hold
them without right or claim to title; shall enter by breaking open the doors and
windows or other parts of
the house, whether any person is in or not; shall threaten to kill, maim, or
beat the party in possession or
use words and actions as have a natural tendency to excite fear or apprehension
of danger; shall put out of
doors or carry away the goods of the party in possession; or shall enter
peaceably and then turning out by
force or frightening by threats or other circumstances of terror the party to
yield possession shall be deemed
guilty of a forcible entry and detainer within the meaning of this subchapter.
History. Acts 1981, No. 615, 3; A.S.A. 1947, 34-1503.
18-60-304. Actions constituting unlawful detainer.
Every person who shall, willfully and without right, hold over any lands,
tenements, or possessions after
the determination of the time for which they were demised or let to him, or the
person under whom he
claims; shall peaceably and lawfully obtain possession of any such property and
hold it willfully and
unlawfully after demand made in writing for the delivery or surrender of
possession thereof by the person
having the right to possession, his agent or attorney; or shall fail or refuse
to pay the rent therefor when
due, and after three (3) days' notice to quit and demand made in writing for the
possession thereof by the
person entitled thereto, his agent or attorney, shall refuse to quit possession,
shall be deemed guilty of an
unlawful detainer within the meaning of this subchapter.
History. Acts 1981, No. 615, 4; A.S.A. 1947, 34-1504.
18-60-305. Applicability to all estates.
Sections 18-60-303 and 18-60-304 shall extend to and comprehend all
estates, whether freehold or less
than freehold.
History. Acts 1981, No. 615, 5; A.S.A. 1947, 34-1505.
18-60-306. Jurisdiction.
Forcible entries and detainers and unlawful detainers are cognizable
before the circuit court of any county
in which the offenses may be committed.
History. Acts 1981, No. 615, 6; A.S.A. 1947, 34-1506.
18-60-307. Proceedings in court.
(a) When any person to whom any cause of action shall accrue under this
subchapter shall file in the office
of the clerk of the circuit court of the county in which the offense shall be
committed a complaint signed by
him, his agent or attorney, specifying the lands, tenements, or other
possessions so forcibly entered and
detained, or so unlawfully detained over, and by whom and when done, and shall
also file the affidavit of
himself or some other credible person for him, stating that the plaintiff is
lawfully entitled to the possession
of the lands, tenements, or other possessions mentioned in the complaint and
that the defendant forcibly
entered upon and detained them or unlawfully detains them, after lawful demand
therefor made in the
manner described in this subchapter, the clerk of the court shall thereupon
issue a summons upon the
complaint. The summons shall be in customary form directed to the sheriff of the
county in which the cause
of action is filed, with direction for service thereof on the named defendants.
In addition, he shall issue and
direct the sheriff to serve upon the named defendants a notice in the following
form:
"NOTICE OF INTENTION TO ISSUE WRIT OF POSSESSION
You are hereby notified that the attached complaint in the
above styled cause claims that you have been
guilty of [forcible entry and detainer] [unlawful detainer] (the
inapplicable phrase shall be deleted from the
notice) and seeks to have a writ of possession directing the sheriff to deliver
possession of the lands,
tenements, or other possessions described in the complaint delivered to the
plaintiff. If, within five (5) days,
excluding Sundays and legal holidays, from the date of service of this notice,
you have not filed in the
office of the circuit clerk of this county a written objection to the claims
made against you by the plaintiff
for possession of the property described in the complaint, then a writ of
possession shall forthwith issue
from this office directed to the sheriff of this county and ordering him to
remove you from possession of the
property described in the complaint and to place the plaintiff in possession
thereof. If you should file a
written objection to the complaint of the plaintiff and the allegations for
immediate possession of the
property described in the complaint within five (5) days, excluding Sundays and
legal holidays, from the
date of service of this notice, a hearing will be scheduled by the circuit court
of this county to determine
whether or not the writ of possession should issue as sought by the plaintiff.
....................................................................
Circuit Clerk of
............................................................County"
(b) If, within five (5) days, excluding Sundays and
legal holidays, following service of this summons,
complaint, and notice seeking a writ of possession against the defendants named
therein, the defendant or
defendants have not filed a written objection to the claim for possession made
by the plaintiff in his
complaint, the clerk of the circuit court shall immediately issue a writ of
possession directed to the sheriff
commanding him to cause the possession of the property described in the
complaint to be delivered to the
plaintiff without delay, which the sheriff shall thereupon execute in the manner
described in 18-60-310.
(c) If a written objection to the claim of the
plaintiff for a writ of possession shall be filed by the
defendant or defendants within five (5) days from the date of service of the
notice, summons, and complaint
as provided for in this section, the plaintiff shall obtain a date for the
hearing of the plaintiff's demand for
possession of the property described in the complaint at any time thereafter
when the matter may be heard
by the court and shall give notice of the date, time, and place of the hearing
by certified mail, postage
prepaid, either to the defendant or to his or their counsel of record.
(d) (1) If a hearing is required to be held on the
demand of the plaintiff for an immediate writ of
possession, the plaintiff shall there present evidence sufficient to make a
prima facie case of entitlement to
possession of the property described in the complaint. The defendant or
defendants shall be entitled to
present evidence in rebuttal thereof. If the court decides upon all the
evidence that the plaintiff is likely to
succeed on the merits at a full hearing and if the plaintiff provides adequate
security as determined by the
court, then the court shall order the clerk forthwith to issue a writ of
possession to the sheriff to place the
plaintiff in possession of the property described in the complaint, subject to
the provisions of subsection (e)
below. No such action by the court shall be final adjudication of the
parties' rights in the action.
(2) A plaintiff demanding an
immediate writ of possession who is a housing authority and who claims
in its complaint that the defendant or defendants are being asked to surrender
possession as result of the
defendant or defendants having been convicted of a criminal violation of the
Uniform Controlled
Substances Act, 5-64-101 et seq., shall be entitled to receive an
expedited hearing before the court within
ten (10) days of the filing of the objection by the defendant or defendants.
(e) If the defendant desires to retain possession of
the property, the court shall allow the retention upon
the defendant providing, within five (5) days of issuance of the writ of
possession, adequate security as
determined by the court.
History. Acts 1981, No. 615, 7; A.S.A. 1947, 34-1507; Acts
1989 (3rd Ex. Sess.), No. 11, 1.
18-60-308. Title to premises not adjudicated.
In trials under the provisions of this subchapter, the title to the
premises in question shall not be
adjudicated upon or given in evidence, except to show the right to the
possession and the extent thereof.
History. Acts 1981, No. 615, 11; A.S.A. 1947, 34-1511.
18-60-309. Judgment for plaintiff - Assessment of damages -
Writs of possession and restitution.
(a) If upon the trial of any action brought under this subchapter
the finding or verdict is for the plaintiff,
the court or jury trying it shall assess the amount to be recovered by the
plaintiff for the rent due and agreed
upon at the time of the commencement of the action and up to the time of
rendering judgment or, in the
absence of an agreement, the fair rental value.
(b) In addition thereto in all cases the court shall assess the
following as liquidated damages:
(1) Where the property sought to be
recovered is used for residential purposes only, the plaintiff shall
receive an amount equal to the rental value for each month, or portion thereof,
that the defendant has
forcibly entered and detained or unlawfully detained the property; and
(2) Where the property sought to be
recovered is used for commercial or mixed residential and
commercial purposes, the plaintiff shall receive liquidated damages at the rate
of three (3) times the rental
value per month for the time that the defendant has unlawfully detained the
property.
(c) Thereupon the court shall render judgment in favor of the
plaintiff for the recovery of the property and
for any amount of recovery that may be so assessed with costs. If possession of
the premises has not
already been delivered to the plaintiff, the court shall cause a writ of
possession to be issued commanding
the sheriff to remove the defendant from possession of the premises and to place
the plaintiff in possession
thereof.
(d) In case the finding or verdict is for the defendant, the court
shall give judgment thereon with costs and
for any damages that may be assessed in favor of the defendant. If the property
described in the complaint
has been turned over to the possession of the plaintiff, the court shall also
issue a writ of restitution directed
to the sheriff to cause the defendant to be repossessed of the property.
(e) Any monetary judgments awarded either to the plaintiff or the
defendant may be recovered upon in any
manner otherwise authorized by law.
History. Acts 1981, No. 615, 9; A.S.A. 1947, 34-1509.
18-60-310. Execution of writ of possession.
(a) Upon receipt of a writ of possession from the clerk of the
circuit court, the sheriff shall immediately
proceed to execute the writ in the specific manner described in this section
and, if necessary, ultimately by
ejecting from the property described in the writ the defendant or defendants and
any other person or persons
who shall have received or entered into the possession of the property after the
issuance of the writ, and
thereupon notify the plaintiff that the property has been vacated by the
defendant or defendants.
(b) Upon receipt of the writ, the sheriff shall notify the defendant
of the issuance of the writ by delivering
a copy thereof to the defendant or to any person authorized to receive summons
in civil cases and in like
manner. If, within eight (8) hours of receipt of the writ of possession, the
sheriff shall not find any such
person at their normal place of residence, he may serve the writ of possession
by placing a copy
conspicuously upon the front door or other structure of the property described
in the complaint, which shall
have like effect as if delivered in person pursuant to the terms hereof.
(c) (1) If, at the expiration of twenty-four (24) hours from the
service of the writ of possession in the
manner indicated, the defendants or any or either of them shall be and remain in
possession of the property
or possession has not been returned to the plaintiff, the sheriff shall notify
the plaintiff or his attorney of
that fact and shall be provided with all labor and assistance required by him in
removing the possessions
and belongings of the defendants from the affected property to a place of
storage in a public warehouse or
in some other reasonable safe place of storage under the control of the
plaintiff until a final determination
by the court.
(2) If the determination is in favor of the
defendant, then the possessions and belongings of the
defendant shall be immediately restored to the defendant with the cost of
storage assessed against the
plaintiff.
(3) If the determination is in favor
of the plaintiff, and it includes a monetary judgment for the
plaintiff, then the court shall order the possessions and belongings of the
defendant sold by the plaintiff in a
commercially reasonable manner with the proceeds of the sale applied first to
the cost of storage, second to
any monetary judgment in favor of the plaintiff, and third any excess to be
remitted to the defendant.
(d) In executing the writ of possession, the sheriff shall have the
right forcibly to remove all locks or other
barriers erected to prevent entry upon the premises in any manner which he deems
appropriate or
convenient and, if necessary, physically to restrain the defendants from
interfering with the removal of the
defendants' property and possessions from the property described in the writ of
possession.
(e) The plaintiff shall not be required to give any bond, unless
ordered to do so by the court, as a condition
to the execution of the writ by the sheriff.
(f) The sheriff shall return the writ at or before the return date
of the writ and shall state in his return the
manner in which he executed the writ and whether or not the properties described
therein have been
delivered to the plaintiff and, if not, the reason for his failure to do so.
History. Acts 1981, No. 615, 8; A.S.A. 1947, 34-1508; Acts
1987, No. 577, 1.
18-60-311. Judgment for defendant.
In all cases of forcible entry and detainer and unlawful detainer, where
the defendant disputes the plaintiff's
right of possession, it shall be lawful for the defendant to introduce before
the court or the jury trying the
main issue in the action evidence showing the damage he may have sustained in
being dispossessed of the
lands and premises mentioned in the complaint. The jury, if they find for the
defendant, shall at the same
time find what damage the defendant has sustained by being dispossessed, if he
has been so dispossessed,
under the provisions of this subchapter, for all of which the court shall render
judgment restoring the
property to the defendant, as provided for in this subchapter, and shall render
judgment against the plaintiff
and any surety on any bond posted by the plaintiff for damages as found by the
jury, as well as the costs of
the suit.
History. Acts 1981, No. 615, 10; A.S.A. 1947, 34-1510.
18-60-312. Other causes of action not precluded.
(a) Neither the judgment to be rendered by the court in matters
brought pursuant to the provisions of this
subchapter nor anything in this subchapter shall bar or preclude the party
injured from bringing any cause
of action for trespass or ejectment, or any other action, against the offending
party.
(b) All claims, causes of action, and actions which have accrued,
occurred, or been filed prior to March
23, 1981, and arising under acts repealed shall be, and remain, in full force
and effect, but shall be
governed by the terms of this subchapter.
History. Acts 1981, No. 615, 12, 13; A.S.A. 1947,
34-1512.