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Chris T., JD
Chris T., JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 4779
Experience:  Experienced in both state and federal court.
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In the state of Arkansas what is the procedure for evicting

Customer Question

In the state of Arkansas what is the procedure for evicting an employee from housing that was supplied as part of their pay package when they have quit working?
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Chris T., JD replied 1 month ago.

Hello. I'll be happy to assist you.

Was there an employment contract with the housing terms in it, or is there a separate lease agreement with the employee? Also, has the employee already been terminated?

Customer: replied 1 month ago.
No written employment contract just a verbal contract. Housing was part of pay package. I supplied a house and paid the utilities on the house.
Employee gave 2 weeks notice then has not shown up for his last 2 weeks of work.
Expert:  Chris T., JD replied 1 month ago.

But I assume the employee is still in the company supplied housing, correct? Is the housing company owned, or an apartment or other type of dwelling that's paid for by the company?

Customer: replied 1 month ago.
We are ranchers and own the house and employee is still occupying the house and said he will get out when he has time to move.
Expert:  Chris T., JD replied 1 month ago.

OK. If he won't leave on his own, you will have to go through the formal eviction process. Arkansas, like most other states, does not allow for so-called "self-help" methods, like changing the locks. Since he was a lawful tenant at one point, you have to legally evict him the same way you would if he were paying rent in a normal lease agreement situation.

Customer: replied 1 month ago.
What is the procedure I have to follow for eviction?
Expert:  Chris T., JD replied 1 month ago.

First, you have to draft a notice to vacate letter. This is essentially a letter telling the tenant that they are in violation of the lease, and that they have 10 day to vacate.
Once the notice to vacate is drafted by the landlord, the landlord must serve the notice on the tenant by delivering it to the tenant using one of the following methods:

  • personal delivery to the tenant, or
  • by mail using registered or certified mail to the tenant at the address of the rental property or other address the tenant may use for receiving mail.

The tenant is considered “notified,” according to Arkansas law, at the time the notice is mailed without having to wait for proof of the tenant’s receipt of the mailing.

Once the lease or rental agreement is terminated, the landlord has the right to file an eviction action with the local district court in Arkansas if the tenant has not moved out of the property. No notice is needed in this situation, the fact that the tenant has not paid rent within five days of rent becoming due under the lease or rental agreement is sufficient notice to the tenant that the landlord has the right to begin eviction proceedings in court.

Expert:  Chris T., JD replied 1 month ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "rate" my answer before you go.

Expert:  Chris T., JD replied 1 month ago.

If I can't do anything else for you, please do remember to "rate" my answer (that's how I get credit for my work).

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