Ask a landlord-tenant lawyer and get answers ASAP
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
These laws vary by state. Where do you live?
Thank you for that.
I'm afraid I'm signing off for the evening, so I'm going to let you talk to another expert. I don't want you to have to wait until morning for an answer on this. Good luck.
Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.
Do you have a written lease that requires the landlord to keep the property in good repair?
What city in Arkansas do you live in?
Sorry I am so long getting back to you but I was out all day. Arkansas has virtually no protection for tenants in your situation. Only if your landlord has a written obligation to maintain the premises in the lease do you have a basis for claiming that your rent payment is conditioned on his maintaining the premises. On that basis if he attempts to evict you would claim a breach of the lease in the landlord's failure to maintain the premises. That would be the defense to any eviction. Next you would also have a claim for breach of the covenant of quiet enjoyment which is an implied covenant in every lease, even in Arkansas. The destruction of your garden would be a breach of your right to quiet enjoyment and not only the replacement cost of the garden would be part of your damages but all the food you would have to buy to replace what you were growing for yourselves would also be part of your damages. As for raising your rent, unless there is a right to raise your rent under your lease agreement there is nothing you can do about that under Arkansas law. If the lease is for a fixed term that has not expired, he cannot raise the rent in the middle of the lease term.
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