Legislative Blog of the Landlords Association of Arkansas

Welcome to 2012!

2012-01-12T12:04:00.000-08:00

Welcome to 2012, and the new Fiscal Session. There are no bills filed yet, but I'm working with our lobbyist to monitor the session and look for any new bills that may have an impact on us.

Also a quick note on 1099s... last year, a typo in the ARA newsletter claimed that landlords have to send 1099s to their tenants. THIS WAS INCORRECT... but the rumor has taken on a life of its own. Let me say this again: LANDLORDS DO NOT SEND 1099s TO TENANTS.

In brief, the 1099 law was reset last year. In general the rule is: if you pay somebody for $600 of services... and that person is not a corporation or LLC... you must issue a 1099. BUT: if you have any questions, please see a CPA... do not trust to word-of-mouth, rumors or even your best friend.

The session is over

2011-04-08T08:33:00.000-07:00

In general we were not really attacked, nor did we push any new legislation. Our lobbyist did an excellent job for us. There are a few bills that affected us, but there are two that affect us more directly than others: First, HB1991. This bill changes the definition of who has to be licensed to act as a contractor. There was concern that a landlord hiring work for their own property would have to pass the tests and pay licensing fees. Our lobbyist spoke with the sponsor of the bill, and that was not his intent. If you are a landlord hiring work for property you own, you do not have to be a contractor. Second, HB2171. This bill was added at the last minute by Representative Word from Pine Bluff. This bill creates a commission to review and compare Arkansas Landlord-Tenant law with other states and to report on suggestions by December 31, 2012. The commission will have the following appointees:

Appointee by Governor Beebe

Appointee by Speaker of the House Robert Moore

Appointee by President Pro Tempore of the Senate Paul Bookout

Appointee by the Dean of the U of A Law School

Appointee by the Dean of the UALR Law School

Appointee of the Arkansas Realtors’ Association

Appointee of the Landlords’ Association of Arkansas

Appointee of the Arkansas Bankers’ Association

Appointee of the Arkansas Bar Association

Appointee of the Affordable Housing Association of Arkansas

These appointees will review the Arkansas law and compare to other states. Our law is not perfect, but it is good towards landlords. There is no schedule yet on the starting of this commission. As the commission continues, I’ll post more.

And a bill sneaks in

2011-03-11T14:30:00.001-08:00

We're watching HB2171, filed at the last second on March 7. All the bill contains is a title and a stub. The title is "To Regulate the Rights, Duties, and Responsibilities of landlords and Tenants".

Quiet session

2011-02-22T13:45:00.000-08:00

First, I must apologize for not being the active blogger of previous sessions. But to be honest... not much is happening in the Legistlature that would affect us. There are various bills we are watching with interest:

HB1050. This bill would allow a utility company to provide financing for energy efficiency improvements through the utility bill. Unlike previous government energy efficiency projects, this one actually allows landlords to participate. There are caveats of course, the landlord would have to notify the tenant up front of the billing. But I would gladly lower my rent to cover the utility billing charge if the numbers made sense.

HB1091. This bill allows solid waste agencies that do not bill through water utilities the ability to bill a property through property tax collections. To be honest, I do not know a landlord this will affect; all the landlords (or their tenants) I know pay the garbage along with the water bill. but I understand the reasoning behind the bill... in the rural areas, a lot of people are not paying their garbage bill. I reviewed this bill and found two small language issues. Working through our lobbyist, the bill's sponsor made the wording changes asked for, and the bill is poised to be passed soon.

HB1391. Modifies the penalties for scrap metal theft. Stealing more than $2500 becomes a class B felony, $500-$2,500 becomes a class C felony. In addition new penalties are included for transporting stolen metal across state lines. This is a new bill, just now going into committee.

Although the session started slowly (the snow didn't help!) the pace will sure pick up soon. A number of tax cuts are going through at this time, but what effect will this have on our state budget? We have to keep watch the next two months.

1099 Update - no 1099s to tenants!

2011-01-07T12:12:00.000-08:00

This is a follow-up to my blog post earlier today.

There has been a rumor that landlords must file 1099-MISC forms to their tenants. This rumor was given some publicity when it was included in the ARA newsletter that was published in several newspapers.

A few minutes ago I received an email about an update on the ARA website where they updated their page to confirm that filing 1099s for tenants is NOT a requirement of the new law.

Link at ARA: http://arkansasrealtors.wordpress.com/2011/01/03/house-to-house-new-year-means-new-tax-requirements-for-landlords

Thanks for your support! Keep sending me the links!

Ready for the new 1099 law?

2011-01-07T11:16:00.000-08:00

I wanted to take this blog entry to discuss what I know about the new record keeping requirements for landlords. A lot of rumors are surrounding the new law, and here is what I know about it.

The new requirements are part of the (so-called) “Health Care Reform Act” and also HR 5297, the “Small Business Jobs Act.” The objective is to ensure that landlords report money they pay to contractors and suppliers and that the contractors and suppliers pay the taxes owed to the IRS (Congress is trying to reduce the underground cash economy they imagine exists.)

First: what is a 1099? The IRS 1099 form is a special tax form that is issued to contractors that perform services for an amount that cumulatively exceeds $600 in the tax year. This form is provided by the person making the payment (in our case, the landlord) to the person doing the work (plumber, electrician, handyman, etc.) and filed with the IRS. The person doing the work pays taxes on the income.

The previous law was simple: a landlord filed a 1099-MISC for any services received from a third party who was not a corporation and the total was $600 or more. So in example, if I hired the kid next door to mow my lawns and his total pay was $650, then I would be required to file a 1099. But if I hired Acme Plumbing LLC to do plumbing work, I would not have to file the 1099 since Acme is a LLC corporation.

Starting this tax year, the corporation test is removed. For 2011, if you as a landlord pay a total of $600 or more to a provider of a service, you must file the 1099-MISC with the IRS. It no longer matters if the provider is a plumber, electrician, yard guy, handyman, corporation or individual… if you pay more that $600, you MUST file the 1099-MISC.

In 2012, the requirements extend further: if you as a landlord pay a total of $600 or more to a provider of a service or for goods, you must file a 1099-MISC with the IRS. This adds payments to Lowes, Home Depot, Wal-Mart, etc. In short, anybody you pay a total of $600 to. There are of course penalties for non-compliance.

There is a rumor circulating that claims residential landlords must issue 1099s to our tenants. This rumor has been reported in the "Arkansas Realtor" newsletter to various newspapers. This requirement does not make any sense, as landlords are not paying the tenants for services (remember, a 1099 is issued from the receiver to the provider.) Following this logic, will the tenant be paying the taxes on rent they pay to us?

The closest I can find from my sources is that commercial tenants must now file 1099 forms to their landlords. This makes sense, as commercial tenants deduct rent paid as part of their operating costs. A suspect this is the source of the rumor, and sometwhere in the blogosphere the "commercial" part was lost.

I have been trying to trace any other sources of this rumor, and for the most part cannot find anything other than blogs repeating other blogs’ comments. So at this time, it is just a rumor. If I find out more, of course I’ll post about it. (If anybody has a good source, please email me.)

So, what should you do? While we strongly hope this insane law is repealed, I advise everybody to follow it until then. Starting now, get the tax IDs of every service provider you do business with. I’ve put together a little form that I’ll be using. I’ve been straight up and honest with my providers: I don’t break the law, and if they want my business, I must get their ID.

Next, figure out how you’re going to file these forms. I use QuickBooks 2010 Pro, and it is simple to set up vendors. Once the vendor is tied into the checking account, QB will generate the 1099s without a problem. If you use an accountant to do your taxes, talk to your accountant about your options.

Last, don’t stress out over this law. Remember that as good landlords, we have been required to file 1099-MISC forms already, just for a smaller population. It’s just a matter of good record keeping. And with a touch of luck, the law will be repealed.

And the first bill is here...

2010-12-07T16:36:00.000-08:00

The election is over, and even though the session has not begun, the bills are being filed. So far only a single bill affects landlords: HB 1050, an act to promote energy efficiency. And the bill is not bad to us at all.

The bill's purpose is to promote energy efficiency by allowing the utility companies to finance improvements to the property, and collecting payments through a metering charge. The bill is not simple; and at 10 pages it takes a little while to go through. But the bottom line is that it is clean and I think it is an interesting idea.

The bill has sufficient language to protect landlords from bad tenants signing up for home improvements. And the bill does not allow the utility company to file a lien on the property (although subsequent purchasers will have to assume the liability.) Landlords must give some notices to subsequent tenants, but the notice seems to be "common sense" and not a burden to us.

I hope this bill can be the start of a new direction in energy legislation for Arkansas. Speaking as a homeowner, I would LOVE to improve the energy efficiency of my own home. But the costs of these improvements are too high to make casually. As an example, earlier this year I thought about adding some solar panels to my home. After researching my annual utility bills, I calculated that adding enough solar cells to my house to pay for 50% of my electricity would take 22 years to break even. So as a result, I do not have solar cells.

As a landlord, the federal energy tax credit has irritated me... as a landlord I didn't get any kind of tax credit for improved efficiency HVAC or e-glass windows, etc. And as every landlord knows, energy efficient windows are not cheap... so if I am forced to depreciate the windows over several years, why bother? Landlords cannot simply spend money; it has to make a return, or that landlord will not be a landlord for very long. Our lower income tenants could really use the money from utility savings, yet the government has done little to encourage landlords to make the necessary investment.

If Arkansas really wants to start saving energy, this bill is a good place to start from. But I would encourage our legislature to expand their scope: let's look at tax credits for homeowners and depreciation expansion for landlords... let's REALLY make it advantageous to improve our homes.

Back to blogging

2010-05-13T10:40:00.001-07:00

Since we're looking forward to a new election season, and the 2011 session, I decided it was time I started posting new blog entries again. Over the next few weeks, I'll bring everybody up to speed on our current legislative activity.

And on a different subject, I invite you to check out the Landlords Associatin website at www.arkansaslandlords.org . We've taken the original site, streamlined it and added some new tabs. Please let me know what you think!

Howard

New tenant protections

2009-05-25T07:02:00.000-07:00

On May 20, President Obama signed a new law into effect. It wasn't emblazoned in the national media, it wasn't trumpted from the sky, but it hits each and every one of us: It is S.896, "Protecting Tenants at Foreclosure Act." Basically, this law is designed to protect tenants whose landlords are being foreclosed on.

This law is actually very simple: if a tenant lives in a house that is foreclosed on, the tenant may remain in the house after foreclosure for 90 days or the remainder of the lease, whichever is longer.

This law was passed due to publicity of the evil banks perfoming no-notice evictions in California and Nevada. A number of tenants are being removed by the local sheriffs with no notice, and are unable to remove their possessions before the proprty is being padlocked. They were paying rent on time, but the landlord was not paying the mortgage.

Even if the new buyer wants to occupy the house, the new buyer has to allow the tenant to stay. Let's pretend that a house in Chenal is in foreclosure and I want to buy it and move in. Let's pretend that there is a tenant. The tenant gets to stay through the remainder of the lease.

But my reason for posting is what this will do to us as landlords. Personally, I don't have any sympathy for a landlord who intentionally stops paying a mortgage but continues to collect rent. My business plan is to expand and provide good quality rentals. I plan to keep buying new properties, and foreclosures often have a good bang for the buck.

On the other hand, the few times I've bought a house with existing tenants, the experience was not good. The leases were often worthless, and the tenant who "always" paid on time turned out to be perpetually late and refused to pay late fees. Or a drama queen. Or trashed the house.

When I buy a foreclosure, I assume that repair work will be necessary. After all, the previous owner couldn't pay the mortgage... what are the odds on plumbing, HVAC, electrical, etc., being pristine? These are often the kind of repairs that are done best with the property empty.
But with this new law, I MUST keep the tenant for the terms of the original lease. If the property requires extensive repairs, I have to get the tenant's cooperation... what if they become a hindrance to my handyman?

And what is the tenant is not paying the rent? To me, this is the biggest drawback: we have to "trust" that the bank is telling the truth about the tenant's payment record, while the bank is trying to unload the property as quickly as possible. To me this is a significant motivation for the bank to lie. It would be VERY easy for a bank to say "oh, the tenant ALWAYS pays on time" in order to get me to buy the property... then afterwards I have to pay for the eviction.

Bottom line is I see this law making foreclosure buying less attractive to investors like us. And when an asset gets less attractive, the prices keep going down...

Links:

http://tenantstogether.org/article.php?id=723

http://tenantstogether.org/downloads/S.896.pdf

SB2 has passed

2009-04-07T16:44:00.001-07:00

This will be a short post: today, SB 2 passed. This bill removes the unfair tax from self-storage units. This hopefully will send a message to our representatives: taxing rentals... whether a mini-storage, an apartment or commercial property... is a bad idea and it is something we will oppose.

This is a great victory for those people who lobbied their representatives, who pushed, who emailed, who called... sometimes more than once... and made their voices heard.

With the economy is bad shape, the various governments... city, county, state and federal... are looking for every form of tax revenue they can lay their hands on. Since our state legislature will be meeting on an annual basis, we must be on the watch again next year for another attempt to tax us.

Legislative session winding down

2009-04-03T16:41:00.000-07:00

The bills that passed so far:

The most important to landlords: HB1213 (Act 311.) This bill contained the technical changes to make the Landlord-Tenant Act of 2007 work. All that is left is for the Supreme Court to allow District Courts to hear eviction cases… and the District Court judges and the Circuit Court judges want this to happen.

HB1316 (Act 274.) This allows the municipalities to charge the same gross receipts taxes on B&Bs, campgrounds, vacation houses etc as they currently charge hotels. We watched the bill carefully to ensure it does not affect leases of 30 days or longer.

HB1479 (Act 390.) This makes copper theft a class D felony, and establishes restrictions on scrap metal dealers.

SB34 (Act 464.) This allows prosecuting attorneys to evict tenants for various criminal offenses such as drug sales, illegal alcohol sales and prostitution.

SB393 (Act 556.) This allows code enforcement to use regular mail to send violation notices to landlords.

SB408 (Act 482.) This act provides some language changes to the Landlord Tenant Act of 2007, in many cases similar to what we passed in HB1213. Also, this bill had a “self-destruct” clause that makes it inactive if another bill changes the same text.

SB454 (Act 559.) This bill changes the security deposit laws. In brief, landlords now have 60 days to return a deposit, and may use regular mail instead of certified mail.

We have a bill still pending that is of strong interest to us:

SB2 – this bill repeals the unfair tax on mini-storages. It is being held hostage in the House by procedural methods. WE WANT A FAIR, STRAIGHT, UP-OR-DOWN vote on this bill. We STRONGLY encourage everybody to contact your representative and encourage them to VOTE FOR SB2!

Last, the 2009 session is winding down. We have been tracking a number of bills that have failed to make it out of committee:

HB1885 – this bill would require landlords to use bold type, colors or different fonts to highlight the “hold harmless” language in a lease. It has passed the House, but has been stuck in committee in the Senate. As of today, the House has requested the bill be returned.

HB1889 – this bill requires any change to a month-to-month lease to be agreed to in writing by the tenant. The Association is strongly against this bill. As of today, it is still in committee.

HB1890 – castle doctrine. This bill was withdrawn by the sponsor.

HB2141 – this bill was a stub bill filed the last day that new bills were allowed. Subsequently the bill was amended to do the following:

Repeal the criminal eviction laws in their entirety.
Require a 30 day wait before evictions due to material breach of the lease.
Require a 14 day wait before evictions due to non-payment of rent.
Add warranty of habitability clauses that would make the landlords automatically guilty of being “slumlords” even if the tenants maliciously damaged the property.
Give tenants the right to issue a cure or quit to the landlord due to repairs, even if the tenant caused the damage.
Make landlords responsible for providing heat and water, even if the tenants refuse to pay for utilities.

In short, this bill would destroy landlording in Arkansas as an investment (except maybe for renting high-dollar houses in West Little Rock.) We have seen these laws passed in other states, and they invariably fail... when it becomes too expensive to be a landlord, only slumlords remain.

We have spoken with Chris, and he assures us the bill is not going to run before the session ends. (However he will be watching it VERY closely.)

HB2218 – this bill would require banks foreclosing on a rental to allow the tenants to have 1st right to purchase, and would require any landlord purchasing the property to allow the tenants to stay in for 90 days after closing.

SB9 – this bill provides a tax credit for restoring historic buildings. It has passed the Senate, but is in committee in the House and is not scheduled to be discussed.

We NEED to support SB2!!!

2009-03-25T18:33:00.000-07:00

Good evening!

SB2 is the bill to remove the unfair sales tax on self-storage facilities. It has passed the Senate, but is having a harder time in the House. It’s close… very close… and we need to hit the phones and emails ASAP to ensure it passes.

Even though this sales tax does not affect the majority of landlords, a sales tax on self-storage is just a step away from a sales tax on residential rentals. In the economic conditions today, the government will be trying to scrape together as much revenue as possible… and they see us as “rich landlords” who can “pay our fair share.” By killing this UNFAIR TAX now, we send a message to the legislators that landlords AND OUR TENANTS do NOT want more taxes.

Please call and email your representative ASAP, ask them to vote FOR SB.. It is possible this bill will come up on the floor tomorrow, so time is critical!

Updates

2009-03-23T12:03:00.000-07:00

A few legistlative updates:

HB1479 (Copper theft) has passed both houses, has been signed by the Governor and is now Act 390.

SB34 (Nuisance eviction) has passed both houses, has been signed by the Governor and is now Act 464.

SB408 (Sue Madison's changes to Title 18) has passed both houses, has been signed by the Governor and is now Act 482.

SB454 (Security deposits) has passed both houses, and is on the Goevrnor's desk.

Legislative updates

2009-03-13T20:18:00.000-07:00

This week has seen a few changes… here are the quick updates:

HB1497 (copper theft) – in the House, not on the calendar.

HB1885 (bold-face on the hold harmless language) – still in committee in the House.

HB1889 (MTM tenant has to agree in writing to lease changes) – still in committee in the House.

HB1890 (castle doctrine) – still in committee in the House.

SB2 (remove tax on mini-storage) – in the House, not on the calendar.

SB34 (nuisance eviction) – this has passed in the House and Senate. Nothing yet from the governor’s office.

SB393 (code enforcement mailing tickets) – passed in Senate, now in committee in the House.

SB454 (change security deposit accounting to 60 days) – passed in Senate, now in committee in the House.

HB1889 - Please call the Committee members to VOTE IT DOWN

2009-03-08T17:50:00.000-07:00

While we've had a good run of legistlative support this year, a bill has come out that we cannot accept. HB 1889 must be killed, plain and simple.

It comes across apprearing to be a bill aimed only at the slumlords: the title is a very dry "AN ACT TO PROHIBIT MORE THAN THIRTY (30) DAYS’ NOTICE TO RENEW A RESIDENTIAL LEASE; TO REQUIRE NEW OR DIFFERENT TERMS UPON RENEWAL OF A RESIDENTIAL LEASE TO BE IN WRITING; AND FOR OTHER PURPOSES." It's very dry.

Now, if you're still awake, I want to draw your attention to the section of the title "TO REQUIRE NEW OR DIFFERENT TERMS UPON RENEWAL OF A RESIDENTIAL LEASE TO BE IN WRITING". This makes sense to all of us, right? after all, we want everything in writing. Writing everything removes the "he said, she said" source of errors. Writing reduces errors in interpretation. Writing protects both the landlord and the tenant, right?

It's a shame this is NOT what the bill does.

This bill adds a new section to Title 18, Chapter 16 as follows: "18-16-113. Renewal of residential leases. (a) A residential lease shall: (1) Be renewed upon the same terms as the previous residential lease unless the lessee agrees in writing to new or additional terms by signing a new residential lease or an addendum to the previous residential lease;".

Let me highlight the text: "unless the lessee agrees in writing". What if the tenant refuses to accept the new terms? NOWHERE in this new section does the landlord have a remedy if the tenant refuses the new terms. It has been a long-established precedent that if the tenant does not accept the new terms, then the tenant must move. This bill is not fair to us.

Let me give an example: in Little Rock, a Pit Bull ordinance was passed last year requiring microchipping, registering, sterilization, etc., of pit bulls. North Little Rock has gone further and simply banned them outright. In case of a violation, who do you think gets the fines? If a child is mauled by a pit bull, who gets sued? The landlords of course... since we "allowed" the pit bull on our property.

Now, assume that I want to change my lease to not allow pit bulls. I send a notice to the tenant, but if HB 1889 becomes law, THE TENANT GETS TO LAUGH IN MY FACE as he refuses to sign. Where is MY protection?

And while I am picking on pit bulls, this issue applies to ANY change in terms. Do you need to not allow the tenant to park on the grass? Too bad. Do you need to pass an registration/inspection fee to the tenant? Too bad. Do you need to raise the rent? Too bad.

WE NEED TO STOP THIS BILL.

The bill was introduced by Representative Cowling last Thursday. I have attempted to email and call him in order to find out what he means to accomplish with this bill, but my efforts have met with no success. Without talking to him, I can only assume he means for this bill to be anti-landlord. I believe that Chris will attempt to contact him at the Capitol tomorrow.

I encourage all of you to email and call him to ask him to sit down with us and talk about the bill. Perhaps he will discuss the problems in this bill with us, and we can find a solution. But if not, this bull -er- bill will be going to the Finance Committee on Tuesday morning. I encourage all landlords to contact the committee members and voice your opposition! Email them AND call them... tell them to vote this bill down!

I certainly will be calling and emailing.

Bill Sponsor:
Rep. Larry Cowling 870-542-7453 cowlingl@arkleg.state.ar.us

Committee members:
Rep. Steve Harrelson, Chair 870-772-0300 steve@steveharrelson.com
Rep. Joan Cash, Vice Chair 870-886-6663 cashk@arkleg.state.ar.us
Rep. Dawn Creekmore creekmore@arkansas.net
Rep. Lindsley Smith 479-443-9706 smithl@arkleg.state.ar.us
Rep. Tommy Lee Baker 870-563-8277 tbaker7343@sbcglobal.net
Rep. David "Bubba" Powers 870-777-9822 powersd@arkleg.state.ar.us
Rep. Johnnie Roebuck jonnie-r@sbcglobal.net
Rep. Barry Hyde 501-371-0255 bhyde@hydco.com
Rep. Duncan Baird bairdd@arkleg.state.ar.us
Rep. Debra Hobbs 479-636-3982 hobbsd@arkleg.state.ar.us
Rep. Andrea Lea leaa@arkleg.state.ar.us
Rep. Butch Wilkins bl-wilkins46@hotmail.com
Rep. Terry Rice 479-637-3100 ricefurn@centurytel.net
Rep. Darrin Williams 501-312-8500 williamsl@arkleg.state.ar.us
Rep. Steve Cole 870-584-4471
Rep. Ann Clemmer 501-569-3331 avclemmer@sbcglobal.net
Rep. Davy Carter 501-605-1346 davy.carter@gmail.com
Rep. Jim Nickels 501-833-2424
Rep. Tiffany Rogers 870-673-4201 rogerst@arkleg.state.ar.us
Rep. Mary Slinkard 479-787-6120

A good week for us!

2009-03-06T18:29:00.000-08:00

Good evening! I apologize for not posting a detailed blog entry, I'm dealing with the unfortunately part of our business: evicting a tenant because he decided he wanted a pit bull for a pet. So tonight's blog entry will be short... I'll post more thoughts over the weekend.

SB2 (sales tax on self-storage) - this will come up on the floor of the Senate for a vote Monday. It came out of committee with a "Do Pass" recommendation, but passage is not guaranteed! PLEASE CONTACT YOUR SENATOR AND URGE HIM/HER TO VOTE FOR THIS BILL!

HB1213 ("our" bill to correct the issues in the Landlord Tenant Act) - I am please to report it was signed by the Governor and is now Act 311! THIS IS A MAJOR VICTORY FOR ARKANSAS LANDLORDS! This simplifies the eviction process, and makes it more uniform across Arkansas. The next step is to petition the Supreme Court to allow District Courts to hear eviction cases. As you know from previous blogs, the Circuit Courts and District Courts are all in favor of this change.

SB408 (Make various corrections to Title 18) - this is Sue Madison's bill that makes some o fthe same changes to the Landlord Tenant Act that HB1213 did. This bill has an interesting clause at the end that negates the bill if another bill makes similar changes. We are not sure what Senator Madison's plans are for this bill.

SB454 (Security Deposits) - this is another Sue Madison bill that gives landlords 60 days to account for security deposits in place of the current 30 days. This bill will come up in committee on Monday. The Association supports this bill; if your Senator sits on this committee, PLEASE CALL AND/OR EMAIL! (There is a link to the bill and committee below.)

HB1889 (Require tenants to agree in writing to new terms on a MTM lease) - this bill will require tenants to agree in writing to any change in terms of a month-to-month lease. In addition, the bill restricts landlords from requiring more than 30 days' notice when a tenant wants to terminate the lease. There is a lot of concern about the language in this bill; I emailed the sponsor this morning, but I've received no reply. In discussions with the rest of the Association's leglistive committee last night, we are opposed to the bill as it is currently written.

This bill will be coming up to committee on Tuesday; I plan to contact my rep (John Edwards) and encourage him to vote against this bill.

SB34 (Nuisance eviction) - this bill has been sent back to the Senate after being amended in the House. It is not yet on the schedule for further review; Chris believes it will not be back on the schedule until the following week.

SB393 (Allowing code enforcement to mail violations to us.) This is on the committee schedule for Tuesday. We are waiting on Chris to find out who is behind this bill and decide what our action will be.

HB1494 (Auto registration.) It's not dead yet... although not a landlord issue, this bill is (to me) a perfect example of tax-and-waste. I've contacted my rep who has assured me he is voting against this bill. Chris has told us there is a lot of opposition... BUT IT"S NOT DEAD YET. If you're against this bill, EMAIL AND CALL. Remember, your voice has power, even without the Association behind it.

And last (for tonight)

HB1885 (bold print on your "hold harmless" language. This is to me another waste of time and money. It is scheduled for the judiciary committee... I plan to EMAIL AND CALL. I encourage you to do the same.

I'll try to post more during the weekend...

Links to the bills:

SB2: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=SB2

HB1213: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=HB1213

SB408: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=SB408

SB454: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=SB454

HB1889: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=HB1889

SB34: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=sb34

SB393: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=sb393

HB1494: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=hb1494

HB1885: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=hb1885

Update: HB1316 has passed

2009-03-03T15:34:00.000-08:00

For those watching the legistlative session, HB1316 "TO AMEND ARKANSAS CODE 26-75-602 TO ADD CERTAIN RENTALS TO THE LIST OF AUTHORIZED MUNICIPAL SALES AND USE TAXES" has been passed by the House, Senate and Governor's Office and is now Act 274.

Link: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=HB1316

As a reminder, this bill has language in it that prevents it from affecting rentals with terms of 30 days or more.

Legislative Update

2009-02-27T15:09:00.000-08:00

Happy Friday! Here are the updates on 5 bills we are following:

HB1213 (Amend the Landlord-Tenant Act of 2007) – this was passed by the Senate 35-0 on 2/26. As there was an amendment, it was been sent back to the House for review.

HB1316 (3% excise tax on rentals under 30 days) – this bill has been passed by both the House and Senate and has been transmitted to the Governor’s office. This bill was watched carefully through its passage and was not amended. In other words the bill as passed still contained the language “shall not include the rental or lease of such accommodations for periods of thirty (30) days or more” which was critical to prevent this tax from being assessed to our rentals.

SB34 (Nuisance Eviction) – on 2/19, the House voted to amend this bill, then voted and referred it back to the Senate. On 2/26, the House voted to recall the bill from teh Senate.

SB408 (Corrections to Title 18) – this bill was filed by Sue Madison to correct language in the Landlord-Tenant Act of 2007. It is still in committee, but it is not on the schedule.

SB454 (Clarifying security deposits) – this bill was also filed by Senator Madison. It changes the time for us to account for a security deposit from 30 days to 60 days. In addition, we may use regular mail, rather than certified mail. This bill is scheduled for committee discussion on 3/3/2009.

Legislative Update

2009-02-20T17:45:00.000-08:00

Legislative Update

As promised, here are updates to four of the bills we are tracking through the legislative session:

HB1213 – “AN ACT TO AMEND AND CLARIFY VARIOUS PROVISIONS OF THE ARKANSAS RESIDENTIAL LANDLORD-TENANT ACT OF 2007 THAT CONCERN LANDLORD REMEDIES AND EVICTION PROCEEDINGS”

This is our Association’s bill to modify the Landlord-Tenant Act of 2007 and allow us to begin to use it. The majority of this bill consists of changes to the written verbiage of the Landlord-Tenant Act of 2007. The 2007 bill unfortunately contained some errors in technical terms and word usage. In addition to these corrections, the procedure for using the District Court is spelled out more clearly, which will help the clerks in processing evictions.

On 2/13, the bill was passed by the House: 95 votes in favor, 1 vote against, 4 not voted. (You can see how your representative voted by clicking http://www.arkleg.state.ar.us/assembly/2009/R/Pages/Votes.aspx?rcsnum=2524&votechamber=House). The bill was forwarded to the Senate and is currently in committee.

SB34 - “TO PROVIDE A PROCEDURE FOR THE EVICTION OF TENANTS ENGAGED IN CERTAIN GAMBLING, ALCOHOL, AND PROSTITUTION OFFENSES.”

This bill allows prosecuting attorneys to evict tenants who have been arrested multiple times for offences such as prostitution, illegal alcohol sales, drug activity, gambling, etc.

A little background on this bill: this bill was actually part of the Arkansas law up until 2007. When the Landlord Tenant Act was passed in 2007, it inadvertently removed this law from the state code. As a result, prosecutors lost a tool they use to enforce these “nuisance” laws.

Robert Thompson is the sponsor and author of this bill. He is an attorney from Paragould, a landlord and previously a prosecuting attorney. Without the prompting of anybody from the Arkansas Landlord’s Association, Senator Thompson filed this bill. The Association has reviewed the bill, and we support it.

This bill was passed by the Senate (35-0) and has been forwarded to the House. Rep. Hyde is the co-sponsor in the House and has offered an amendment to clarify language. As of now it is still in the Judiciary committee.

HB1316: “TO AMEND ARKANSAS CODE 26-75-602 TO ADD CERTAIN RENTALS TO THE LIST OF AUTHORIZED MUNICIPAL SALES AND USE TAXES”

This bill has certainly grabbed the attention of a lot of landlords, but according to its sponsors, it is NOT an attempt to levy taxes on our rentals. Currently in Arkansas, cities may levy a gross receipts tax of up to 3% on hotels, motels, B&Bs, trailer parks, etc. But the way the law is worded, there is ambiguity about the status of B&Bs, vacation condos, and similar properties.

This bill levels the playing field and clears up the ambiguity and allow the taxation. The key issue is the duration of the lease: page 2, line 36 explicitly says “but such accommodations shall not include the rental or lease of such accommodations for periods of thirty (30) days or more”. This means that it should not affect us.

The sponsors of this bill approached our lobbyist for consultation on this bill. It was discussed in length and with a great deal of “spirit” (if you get my meaning) at the last state Association meeting. Landlords in general are not in favor of taxes. But the fact is that the sponsors wanted us to realize they are not trying to tax our rentals, rather they are trying to fix a glitch in the current law.

The Association decided that we will not oppose this bill but we will not actively support it, either. We will watch it VERY closely to ensure the “30 days” language remains in place.

The bill passed the House this morning with a vote of 68 in favor, 25 against, 6 not voting and 1 “present”. (You can see how your representative voted by clicking http://www.arkleg.state.ar.us/assembly/2009/R/Pages/Votes.aspx?rcsnum=2578&votechamber=House ). The bill is on its way to the Senate.

And last, SB408: “AN ACT TO MAKE VARIOUS CORRECTIONS TO TITLE 18 OF THE ARKANSAS CODE OF 1987 ANNOTATED”

This is a bill offered by Sue Madison to make corrections to the references sited in two sections of Arkansas law: child pornography and the Landlord Tenant Act of 2007. At a first reading of this bill, the changes she is authoring are in a similar vein to “our” bill, HB1213. We should know more about it soon.

That’s all I have for this evening, I’ll post more as I find out more. Here are the web links to take you directly to the legislature’s website and view the status of the bills:

HB1213: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=HB1213

SB34: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=SB34

HB1316: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=HB1316

SB408: http://www.arkleg.state.ar.us/assembly/2009/R/Pages/BillInformation.aspx?measureno=SB408

Good evening!

2009-02-20T15:03:00.000-08:00

Good evening to everybody. I would like to introduce myself to those of you who don't know me.

I am Howard Warren, I'm a landlord in Little Rock, Arkansas, and I'm the chairperson of our state association's Legislative Committee. Over the next few weeks, I'll be posting entries here as regards to the current legislative session and the status of our bills.

During the weekend I plan to post updates on the 4 bills currently of interest. If you have bills that you would like information on, or want to bring to our attention, please post a comment here or email me at howard@warrengallery.com and I'll do my best to address them.

Thanks, everybody!

Arkansas Landlord Liability - A Primer

2008-12-01T20:30:00.000-08:00

The issue of "landlord liability" is one that each of us should be concerned about. If you've been a landlord long, you've no doubt received a phone call from an injured tenant or guest asking you to pay for medical bill, damages, pain and suffering, lost wages, and whatever else they can dream up. As it turns out, Arkansas has a long standing tradition of adhering to the common law doctrine of "caveat lessee" (let the tenant beware). Now, I'm no lawyer; but it sure sounds good to me, and it seems that this doctrine works to limit our liability here in Arkansas. In recent years however, that doctrine has fallen under attack. Let me take you through a brief time line of events that should help you better understand this issue.

2001: Arkansas Supreme Court rules on Thomas v. Stewart.

Tamarius Thomas was leaning on a second-floor balcony railing of an apartment complex when the railing gave way. Tamarius fell to the ground and suffered numerous injuries. Ultimately, the Arkansas Supreme Court found that the landlord was not liable because of long standing common law in Arkansas. However, in the decision, the court warned, "Because the General Assembly has not seen fit to act on this issue, it is appropriate that this court revisit the issue of landlord liability at the next appropriate opportunity." AND "In the past when the General Assembly has refused to act, this court has made a significant change in its common law."

Changing that 100 year old common law in Arkansas would have opened the floodgates for lawsuits against landlords in Arkansas. In the litigious society that we live in, Arkansas landlords would become the next target for hungry lawyers. I can see the billboards, yellow page ads, and television commercials now; begging tenants to sue their landlords:

{Have you been injured at your apartment? Have you tripped on faulty stairs? Has your landlord been negligent in making repairs? Due to recent changes in Arkansas law you can now SUE YOUR LANDLORD FOR BIG MONEY! Call our law office today - We'll get you more than you expected!! Thats 1-800-BROOD-OF-VIPERS.}

Please take a few minutes to read the complete text of this case, I believe you will find it very enlightening:

Thomas v. Stewart

2005: Arkansas General Assembly responds.

The Arkansas legislature responds to the challenge issued by the Supreme Court passing Act 928 of 2005. The new law codifies the long standing common law in Arkansas and limits landlord liability. The Arkansas Realtors Association and their lobbyist Tim Grooms are instrumental in getting the new legislation passed.

Tim Grooms would later agree to be a guest speaker at one of our Landlord Association conventions in North Little Rock, where he educated us all regarding the issue of landlord liability and the dangers of ignoring the legislative process.

You can read the current Arkansas code regarding landlord liability online at:

Arkansas Code Online (type in 18-16-110 in the code search field)

November, 2006: Arkansas Court of Appeals decides Tennell v. Midtown Apartments.

Rachell Tennell trips over a large steel plate in the parking lot of her apartment complex that was "approximately two inches high protruding from the driveway. Tennell fell and was taken to a hospital where she was treated for her injuries." Tennell sued claiming that the landord was negligent in maintaining the premises. Arkansas courts are again asked to overrule the long standing doctrine of "caveat lesee" AND to ignore the new 2005 legislation (A.C.A 18-16-110). The Court of Appeals recognized the legislature's authority to determine public policy in their ruling:

"Tennell recognizes that 18-16-110 is in effect but still asks this court to overrule the doctrine of caveat lessee. However, the legislature, rather than the courts, is empowered to declare public policy, and whether a law is good or bad, wise or unwise, is a question for the legislature, rather than the courts."

Again, I encourage you to read the entire case:

Tennell v. Midtown Apartments

2007 Landlord Association of Arkansas hires Lobbyist.

The 2007 session represented the first time that we retained the services of a professional lobbyist. We worked hard to preserve the doctrine of "caveat lessee" and to fight bills that would expand landlord liability. Please consider making a contribution to our 365 Campaign, and keep our lobbyist working for you.

PAC contribution recipients win !!

2008-11-11T07:58:00.000-08:00

I am pleased to report that EVERY legislative candidate who received a contribution from the Landlord PAC was a WINNER. The following candidates received contributions from the Landlords PAC:

Gilber Baker (S), Sue Madison (S), Sharon Trusty(S), Robbie Wills (H), Roy Ragland (H), Rick Green (H), Stephanie Flowers (H), Gregg Reep (H), George Overby (H), Johnny Hoyt (H), Tracy Pennartz (H), Bruce Maloch (H), Andrea Lea (H), John Burris (H), and Terry Rice (H). (S) = Senate; (H)= House

I should point out that some of these candidates were unopposed, however, some were involved in very close races; one was decided by less than 80 votes. Special thanks to our lobbyist Chris Stewart for making wise use of our funds. Building these relationships now will help us greatly during the upcoming legislative session.

Do you feel Guilty?

2008-10-27T11:39:00.000-07:00

I guess we should all be ashamed of ourselves for acting to protect our business and property during the last session. According to a report in the Arkansas Law Notes, evil Arkansas landlords seem to be taking advantage of unsuspecting tenants, forcing them to live in unhealthy and unsafe dwellings, even forcing them to sign leases against their will. According to the author, Marshall Prettyman, Adjunct Professor at the UA School of Law and Director of Litigation for Legal Aid of Arkansas, "There is an increasing realization that residential leases are not freely negotiated but rather imposed on a take-it-or-leave-it basis by the landlord, especially the larger landlords." Yeah, kinda like the insurance policies, mortgages, and credit terms that you and I sign routinely. If we don't like the fine print in a mortgage, or an insurance policy - we can take-it-or-leave-it. Certainly Arkansas tenants have the same option all consumers have, including landlords; SHOP AROUND.

The eleven page report made to the Arkansas Bar makes the case for "how powerless tenants are in this state and the strength of the Realtors' lobby acting on behalf of landlords." While criticizing every aspect of the new legislation, the scathing report concludes with these words from Prettyman, "The Arkansas Act as presently written seems to presume that the landlord is always in the right. That flies directly in the face of the author's experience practicing landlord-tenant law for 35 years. .......... in this state it appears only the landlords have the ear of the Legislature."

So many of you have told me over the past few years that it seems sometimes that the tenants have all the rights. You have been frustrated by the failure of the "legal system" to protect your rights as a property owner. I thought you might find it interesting to read this report. I encourage you to take a few minutes to read the entire report at the following link:

Arkansas Law Notes 2008

You will need to go to page 71 of the pdf file to read the relevant report. If you don't have the time to read it now, click print and set the print range for pages 71 to 83 and carry it with you till your stuck in line somewhere.

$4000 in PAC funds distributed.

2008-09-28T13:48:00.000-07:00

Wow, we were able to support a number of key legislators with campaign contributions last month. Thanks to the generosity of PAC donors, we will have an even greater impact during the upcoming legislative session. Campaign contributions were sent through our lobbyist to 15 legislators or candidates for office. We did hold back some of our PAC funds for "make up" contributions later. These recipients were carefully selected by our lobbyist and represent both Democrats and Republicans, many of whom will likely be sitting on the committee that hears revisions to the Landlord-Tenant Act of 2007 during the next session.
I know that many of us are still very frustrated over the lack of a uniform statewide eviction procedure. It seems that the new eviction codes are working very well in some communities, and very poorly or not at all in others. I know it seems that this issue will never be resolved; but please bear with us, and continue to support our legislative effort. This is not a problem that can be resolved at the local level, and it is an obvious example of the need for our statewide association. The pieces are all in place for this eviction/landlord-tenant law to be resolved in the upcoming session. Our lobbyist has advised us that there is already a legislative committee working of revisions to clarify the legislation. The sponsor of the Legislation is now Speaker of the House, Robbie Wills of Conway; and he has assured us that the problems will be resolved. I understand that attorneys for the association of city and county officials is involved, as well as the Administrative Office of the Courts. Again, you can see that we must keep our lobbyist working, so that we will have a strong voice in how these new eviction procedures are ultimately passed into law. Chris also mentioned that the revisions to the Landlord-Tenant Act would carry and "EMERGENCY CLAUSE" so that they will take effect immediately after the Governor signs them into law. That's great news for those who have been waiting 3 YEARS to see a working eviction procedure. Hang in there, and send a check to the 365 Campaign !!!

Legislative Affairs Committee prepares for 87th General Assembly.

2008-09-28T13:12:00.000-07:00

Landlords from across the state have met twice now with our new lobbyist Chris Stewart of Brent Stevenson Associates to discuss our priorities for the upcoming legislative session. We know that the Landlord Tenant Act of 2007 (Act 1004) will be revised during this session. Clearly, it is important that we have a voice in those revisions. Chris has advised the committee that there is a legislative task force working on revisions to that legislation. The new eviction procedures contained in Act 1004 have been working very nicely in many areas of the state, and not so well in others. Rep Wills of Conway, sponsor of the legislation and new Speaker of the House, has assured us that the confusion surrounding this law will be clarified during the upcoming session. Furthermore, Chris Stewart informed the Committee that the revisions to the law will carry an emergency clause so that we will see the benefits of this legislation much sooner. In short, we have been told very clearly that this law will be "fixed". It will be up to us to make sure that it is "fixed" to our satisfaction.

Other issues that have been discussed by the Legislative team include:
The Arkansas Hot Check Law (prosecution for hot checks for rent)
Copper theft legislation.
Representation on the Fair Housing Board.
Eminent Domain abuse
meth lab contamination and clean up.
The Castle doctrine.
Abandonment (actually as part of the Landlord Tenant Act revisions).
Property tax assessment (special legislative subcommittee will study the state's system of property tax appraisal)

Please be aware that there are always bills that appear during the session that we don't know about until they are filed. We try hard to catch these "surprise" issues in committee, and eliminate any threat before they reach the floor for a vote.

LAA Launches 365 Campaign

2008-09-28T12:45:00.000-07:00

The Legislative Affairs Committee of the LAA is pleased to announce the launch of our 365 Campaign!! This campaign is designed to raise enough money to cover the expense of our lobbying effort for just one day (for each of the next 365 days). We are offering landlords the opportunity to invest in their own future, to defend their rights as property owners, and to stand up the the constant legislative threat to our livelihoods. 365 Landlords, one for each day of the year, will be invited to sponsor our lobbyist for at least one day. The cost for a single day is only $35, but the cost to ignore this opportunity could be thousands for every landlord threatened by unfavorable legislation.

Please watch for information about our 365 Campaign, and respond accordingly.

Wheels are in motion

2008-05-16T15:01:00.000-07:00

Great meeting last night in Hot Springs. I was down in Hot Springs to visit with the HSLLA last night; my wife and I arrived early and enjoyed a great meal. Cindy chose to leave some money at the local shopping center rather than attend the meeting, but we both had a great visit.

Chris Stewart has hit the ground running for us. I sent him some background information on the new Act 1004 which included questions and comments from Judge Hamilton in North Little Rock, comments from the AOC's office, and select email from our members around the state expressing problems they have experienced. Chris had already reviewed that information, and he had spoken with Speaker Robbie Wills regarding new developments. We learned from Chris that there is now a legislative task force working on the law, and once again it seems we have hired a lobbyist just in time. Chris will be involved with that task force as they meet with the Courts to reach a solution.

Chris also mentioned that it would probably be easier for all of us if information flowed through our Legislative Affairs team at the state association. I am now compiling a list of members statewide who have volunteered to serve on that team going into the next session. Although Chris has made himself available to our membership directly; it just makes sense to work through the Association whenever possible to eliminate calls from around the state regarding the same issue. Eviction under Act 1004 is a great example; we have already brought Chris up to speed on the problems in Faulkner County, the Ft. Smith area, Crittenden County, and Hot Springs - the problems in those areas are essentially all the same, and the answers will be the same no matter how many of us call him. So, stay in touch with your local chapter, make sure that your local chapter is staying in touch with the state association, and feel free to contact me, or Gail if you need help.

I was informed that Chris will be attending our regularly scheduled meeting of the Landlords Association of Arkansas in June for a legislative planning session with the board. As always, we hope that each chapter will be represented at that meeting. You do not have to be an officer to attend that meeting; any member is welcome to attend. It is critical that each chapter stay informed on these legislative developments.

More to come.
jhh

Lobbyist Selection Announced

2008-05-02T07:53:00.000-07:00

We are pleased to announce that the Landlords Association of Arkansas has selected Chris Stewart at Brent Stevenson Associates to be our lobbyist. Given the difficulties we've experienced with the implementation of the new eviction laws in Arkansas, we felt that it was important that we had a lobbyist working for the Association on a year round basis. Therefore, our agreement has been drafted in such a way that the firm will be working for us all the time, not just when the legislature is in session. Brent Stevenson Associates was chosen after a careful selection process by the LAA board of directors which includes reps from every local chapter.

We need to give special recognition to Daniel Schroeder (member of the Hot Springs and N. Little Rock chapters) for his efforts in the selection process. Daniel sought out proposals from various lobbyists, pre-screened the lobbyists' credentials and proposals, and scheduled presentations with the LAA board. Thanks again Daniel for your tremendous efforts !!

Our contract with Chris began May 1, 2008 and our first order of business will be to work on issues with the new eviction law. I am aware that we are still having problems in some areas of the state implementing the new code, and Rep. Wills (Speaker of the House) made it clear at our convention that he will work with us to correct those problems during the next session. We will be visiting with Chris to see if there is anything we can do to resolve some of these issues around the state before the next session. Stay tuned !! I could really use an email update from those chapters that are not able to use the new eviction procedures yet. I'm aware of problems in Hot Springs, and Faulkner County; are there others? Any new information would be helpful before we visit with Chris on the issue.

Finally, I want to thank all those who have responded by contributing to the PAC. About 60 landlords statewide have contributed to the PAC and taken advantage of the tax credit. We have raised over $5000 in about 3 months for the PAC.

I have much more information to convey, but I'll save some for later.

j. hill

Act 1004

2007-04-18T08:36:00.000-07:00

Link to Act 1004 (the new eviction code).

Link to Act 535 (unlawful detainer)

Call to Action Issued

2007-02-26T08:39:00.000-08:00

We have issued a call to action on SB270 !! The bill has already PASSED in the Senate, and is now headed to the house. Please read the previous post entitled: "New Protected Class?" below.

For examples of landlords who paid a high price for similar legislation in other states see links below. Please review these cases before you call your representative.

Bridgeport, CT landlord pays $8,000 settlement.

Maryland landlord ordered to pay $5,000 for embarrassment and $15,000 in civil penalties.

Connecticut landlords must "abide by Section 8 requirements"

California website pays $15,000 for "No Sec. 8" listings and other discriminatory ads.

At this point, we do not know which committee will get SB270; we will let you know as soon as we find out. Although we have been told that this bill is intended to protect welfare recipients from employment discrimination; we are very concerned about the language in the Civil Rights Act which gives any protected class "The right to engage in property transactions without discrimination"

The way I read this, you must consider SSI, disability, unemployment, child support, Section 8, etc. (any type of public assistance) as an income source EQUAL TO income from employment when evaluating an applicant. This does not make good business sense for a number of reasons, one being that these sources of income are not garnishable. PLEASE CALL YOUR STATE REPRESENTATIVE TODAY!!

JHH

It's a Bill

2007-02-02T09:25:00.000-08:00

We have our first Bill!! House Bill 1384 would authorize unlawful detainers to be filed in District Court. We will have to convince the Supreme Court to make this happen, but so far there has been no opposition. Please read the previous post on Jan. 29 entitled "A better eviction". Please understand that we are not really attempting to change any law here, we are merely tweaking the existing law to make it work better and cost less for landlords. This is not an attempt to repeal the existing criminal eviction process.

You may want to review the existing AR Code regarding unlawful detainer. You can find it by clicking the link below and searching for [ unlawful detainer ].

http://www.arkleg.state.ar.us/NXT/gateway.dll?f=templates&fn=default.htm&vid=blr:code

Or you can see both Arkansas eviction procedures outlined in a flowchart format in the Arkansas Landlord/Tenant handbook on pages 8 and 9:

http://www.arkansasrealtors.com/images/customers/285816/storage/LANDLORD-TENANT%20HANDBOOK%202004%20VERSION-WEB.PDF

We will of course be tracking this bill, and we'll let you know when to make contact with legislators. Please post comments regarding this bill, I would like to know what you guys think.

J. Hill

Homework Assignment.

2007-01-30T18:52:00.000-08:00

I'm surprised by the number of landlords that I talk to who are not very familiar with the Kelo Decision of the US Supreme Court. For those of you who are reading the blog, take a few minutes to get an education on this important ruling. You may think this issue is not important to you, and it may not be YET. But it may become very important to you someday when you get a notice in the mail; and then it will be too late to act. You can go to Google or Yahoo and search for Kelo, or try the links below for some very interesting reading.

http://www.msnbc.msn.com/id/8331097/
http://www.lewrockwell.com/paul/paul259.html
http://www.castlecoalition.org/resources/floodgates.html
http://www.ij.org/private_property/connecticut/
http://forum.belmont.edu/cornwall/archives/002904.html
http://www.counterpunch.org/roberts08032005.html

One of the bills we are supporting is SB69, which proposes to restrict the use of eminent domain in Arkansas, and protect the rights of property owners. Watch for updates on SB69 in your email.