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Arkansas Code § 18-116-1101: A Challenge to the Constitutionality and Desirability of Arkansas’ Criminal Eviction Statute

By · October 15, 2003 · 2003 Ark. L. Notes 470
In categories: Archive

Allow me to introduce you to the case of Terrence Tenant.  Mr. Tenant is a low-income tenant in an apartment located somewhere in the state of Arkansas.  As is not uncommon in low income housing, certain repairs to his apartment are necessary or at least desirable.  Mr. Tenant therefore contacts his landlord, and during the course of the phone call, an agreement is reached to the effect that the landlord will accept the reasonable value of the repairs in lieu of the next month’s rent.  Mr. Tenant thereafter spends what would have otherwise been his rent money making the repairs, assuming that this will offset the obligation to make the usual monthly rent payment. After this has been done, the landlord either decides that the repairs are not worth a full month’s rent, or that the quality of the repairs is substandard, or else the landlord fails to remember the terms of the oral agreement.  The landlord therefore asks Mr. Tenant for the rent, which he refuses to pay.  The landlord thereupon serves Mr.Tenant with written notice to vacate the premises within 10 days.  What should happen next if Mr.Tenant does not want to leave his newly repaired apartment?

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