Monopoly Where Landlords Win! Pay Rent or Go To Jail

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Very interesting law. What do you think? Fair or gone too far?

Arkansas law jails tenants who don’t pay their rent (via Raw Story )Under a state law in Arkansas, renters can be imprisoned for failing to pay their rent. According to a report by Human Rights Watch, titled “Pay the Rent or Face Arrest: Abusive Impacts of Arkansas’s Criminal Evictions Law,” hundreds of tenants each year are taken to court, fined and jailed under…



 

1 comment for “Monopoly Where Landlords Win! Pay Rent or Go To Jail

  1. Chris Kidd
    June 12, 2013 at 8:34 pm

    I am an attorney in Arkansas and also own residential rental property. The law that is referred to is Failure to Vacate, and is usually subjected to unfair criticism. It is a criminal offense not to pay rent, however, the only punishment the court can impose is a fine of $25 per day; no jail time. In addition, under that statute, the judge does not have the power to order the tenant to vacate the property.

    To only way to lawfully and effectively evict a nonpaying tenant in Arkansas is to file an Unlawful Detainer suit. This is a civil suit and the tenant is served with a summons and can answer the law suit. The tenant then can have a hearing in front of a judge to determine whether or not the tenant can remain in possession of the property.

    I have evicted tenants for myself and for clients. I have never attempted to pursue the criminal offense of Failure to Vacate because in my opinion it doesn’t provide the remedy I’m after–get the dead beat out.

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