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Tenants who Fail to Pay Rent Can Be Arrested in Arkansas

By Ashley Davis, Fri, February 08, 2013

Arkansas is the only state in America that implements a law forcing tenants who do not pay rent and do not vacate a property to be placed in jail.

A recent report published by Human Rights Watch explores the law. In the report, titled “Pay the Rent or Face Arrest: Abusive Impacts of Arkansas’s Criminal Evictions Law,” it explains that renters have been “dragged into criminal court for transgressions that would not be a crime in any other U.S. state.”

The failure-to-vacate law allows those who do not vacate a property to be charged in court.

read more http://www.opposingviews.com/i/society/tenants-who-fail-pay-...



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In IN, the tenant would have his day in court first. Probably

Last November, I gave a 10 day notice to quit to a tenant that was already three weeks late. I filed on the eleventh day, papers were served on tenant and I got a court day 29 days later. The judge gave the tenant in absentia a 10 day notice and a further court date for damages. The tenant told me he could not move out in the ordered 10 days. The Sheriff told me that they would arrest him if he violated the court order.

While I was watching preceeding cases, the judge issued two bench warrants on separate cases for not payment of a judgement. One was on landlord/tenant case and the other was back rent and late fees on a rent-to-own sofa and TV.

I have read that in Indiana, an expired lease will be enforced by the Sheriff without any court order, if the landlord gives a 30 day notice of non-renewal.

I wish this were possible in Ohio

when a tenant doesn't leave it is trespassing. Plus it is also theft by first using private property without paying for it and second by prevent the property from being used by another who will pay for it. what would you do if someone showed up at your house and wouldn't leave, used your water and electric, trashed the yard, etc? even a court order from an eviction hearing was not enough to persuade them to leave. I say, right on, jail 'em

Trespassing should be a crime in all 50 states

What the hell is the problem with the other 49?

They're alluding to "debtors' prison" but this is a simple fact of trespassing. The unpaid rent is a separate matter. These former renters are illegally occupying private property. The way I see it, when they escalate a dispute to the point of putting an innocent person in the position of having to use force (of law) against them to assert his owners' rights, then they are a criminal aggressor.

Take back the GOP and Restore America Now.

Typical simplistic "free market" response.

The same silly rationale that "slaves must have been well treated because they were valuable property," despite the fact that Judge Andrew Napolitano reported that George Washington used to cut the toes off recaptured "runaway slaves".

My landlord made false claims to the corporate attorney,so my wife and I are barred from entering the leasing office. When I contacted a "senior's housing advocacy group," I was told they "had the perfect right to do this because it was private property." I responded, "Yes, and I have the perfect right to sue the manager for slander and the lawyer for libel, since the manager made false verbal statements and the lawyer made false written ones." Under your "fair" system, the landlord could terminate my lease under false pretenses and I would have to spend upwards of $2,000 to move. This is why I have always said, "Property rights are not absolute when the property is used in commerce, as both contractor and contractee have rights and responsibilities under the law."

Fair for the Ma and Pa & Corp.?

People tend to think of the landlord as an elite type sticking it to the underprivileged poor renter.
Large Corporations running rental property could be just that. There's a lot of property out there being rented out by a family who count on that rent for their food. They have bills that have to be paid and more often then not, a mortgage. In many states it takes an act of congress to get dead beats out. That's unfair. If the owner doesn't pay the mortgage, they'll lose their home.

Hey Bob-45, love reading your posts!
Don't know what the problem was in your case but it wasn't non payment of rent I presume. You have a lease so if you didn't break it by not paying, there should be a method to clear up your situation. If whatever was said about you was untrue you can sue as far as the Corp. breaking the lease can't you? Don't have to physically enter an office to do it. Often, just a letter from a lawyer stating the facts will do it. If you don't have a lawyer, there's a phone line for free legal advice. Don't know what was said that would tick the Corp off to that degree. No pets allowed and they said you had a pet elephant?

Guess whatever law is equitable. Keep in mind there are people depending on the rent as income so it's not fair to have the renters remain for any unnecessary length of time not paying their rent..

Deekey

Thanks for the kind words, Deekey.

My "problem" is my apartment manager is on a control trip. She is the typical "passive/aggressive" personality that is "sweetness and light" until your back is turned. She had some minor complaints, including our cigar smoking on our patio; but, instead on handling it face to face or in a personal note, she choose to use the company lawyer to threaten us. That was one year ago. Since then, she and I had a run-in regarding using the corporate automated system to pay our rent; there was a foul-up involving the bank and the apartment corporate accounts regarding the method of transferring the payment. As a result of this problem, which was totally out of my control, she charged us a $100 late fee. She backed down, when I contacted the sheriff's department. However, we had multiple maintenance calls over a persistently backed-up commode in December and she used this as an excuse to accuse my wife of "harassing the office staff." The apartment manager told me about this "problem" when I paid January's rent. I assured her I would make all future maintenance calls, package pickups and rent payments. She assured me she was satisfied with this. However, a week later, I received a certified letter from the Attorney telling me if my wife or I entered the office, we would be charged with criminal trespass. Since none of the reasons for this action involved me, I spent over a week trying to find out if this order included me, as it was not clear from the letter and neither the manager nor her boss would tell me; they both said they did not know. I tben sent a certified letter to the Attorney for clarification, and he refused to sign for it. Meanwhile, I received another letter from the Attorney, this time telling me it did apply to me because my wife was "retaliating" after she "sent me to the office."

I contacted the Bar Association to charge the Attorney with misconduct, but was told the state supreme court would not allow the Bar Association (a PRIVATE organization, by the way) to discipline lawyers for libel or slander. So, I have initiated civil action against both the apartment manager and the attorney.

Unlike you, Deekey, it appears many at the DAILY PAUL strongly disapproved of my last response. I hope they read this one, because I think they are a bunch of numbskulls who deserve to have something like this happen to them. Then, maybe, they would not see the world in such simplistic "black and white" terms.

The reason rental laws are in place (not "rent control," which is totally unconstitutional and should have been abolished years ago) is because NEITHER landlords NOR tenants are perfect. Frequently, tenants refuse to pay rent because landlords refuse to make necessary (and promised) repairs, including insect and rat infestation, climate control and sewage problems. The proper method is not to withhold rent, but to notify public health authorities when failure to make necessary repairs endanger health. I have been blessed with never having to miss a rent payment, even with my Social Security or retirement checks have been late. I have no sympathy for deadbeats of any kind, but that also includes deadbeat landlords.

You're welcome

Oh my, sounds as though you are at the complete mercy of a real Bit*h and she has none. You're an intelligent person, you know how to handle it. Can't suggest anything because I wouldn't know what the heck I was talking about. No smoking even on a patio? People can be such control freaks! Hope all works out for you.
Down votes? They didn't understand I guess. Disregard the vote thingie, keep on posting your interesting posts!

Deekey