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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10639
Experience:  Commercial and residential leases in NY & NJ & US
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3 months ago when paying my rent I added a note asking for

Customer Question

3 months ago when paying my rent I added a note asking for one of my appliances to be fixed, I reminded my landlord of the leak in my kitchen, which has caused mold in the cabinets and on the wall now. He asked to do a walk thru we made a time & date. I got a note left on my door saying he was coming over the next day (which he doesn't normally work) but instead of the time he wrote my landlord shows up 5 hrs earlier pounding on my door, as soon as my husband answered the door he starts screaming and yelling, calling my husband names, acting very rude and unprofessional. My husband calls me downstairs (he had just been in the hospital) as soon as I walk in the room he starts screaming about my unit which I had been off work for a few weeks so I had been doing my spring cleaning, walls, baseboards, shampoo my carpet, windows etc. He is scream about my place being unfit, I looked around "my place was very nice" I asked why he was yelling and to please stop. he took off into my dining room and started yelling again. Before I could say anything he went out my back door, started screaming about our garden. We made very nice raised bed boxes. He just kept scream & started destroying my vegetable garden which he gave us permission to build & grow. he hand both hands full of plants ripping them out of the dirt. I asked him to please stop reaping out my plants & to stop yelling. I couldn't believe he destroyed months of hard work. I asked him what was wrong & if he wanted me to move? he responded saying "he was going to evict me" I said okay were done then and closed my door. He went back to my front yard screaming & then went to the neighbors to talk about us. Well he didn't evict us, he raised my rent, made no attempt to fix my repairs, but most important I lost the food I was growing from my garden, I tried very hard but was not able to get it to produce fruit or veggies after the shock it went through. My family was counting on these items, my spouse is on SSI & I am unable to work at this time. we have been living her for several years always been good renters, never late. please let me know what I can do at this point? Thank you
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 11 months ago.


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?

Customer: replied 11 months ago.
Customer: replied 11 months ago.
I'm sorry Hello Lucy, hope your having a good day.
Expert:  Lucy, Esq. replied 11 months ago.

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.

Customer: replied 11 months ago.
Thank You
Expert:  Richard - Bizlaw replied 11 months ago.

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?

Expert:  Richard - Bizlaw replied 11 months ago.

What city in Arkansas do you live in?

Customer: replied 11 months ago.
Hi Richard, yes I do. Bentonville, AR
Expert:  Richard - Bizlaw replied 11 months ago.

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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