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I have a question about a tenant that is not paid. I put a…

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I have a question...

I have a question about a tenant that is not paid. I put a eviction notice on her door. When I did I noticed there’s no electricity in the home. I found out they haven’t been any electricity since October 28. She still has some furniture in the home as well. I also noticed there is a little doll staying in the home with no electricity is well. That’s not supposed to be any pets in the home at all in the lease agreement.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Jacksonville Arkansas

Lawyer's Assistant: Has anything been filed or reported?

I only put a Vic should notice on the door which was two weeks ago. And I have reported to the local animal shelter that there was a dog in the home. They came out and remove the dog the next day.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We came back the next day and the puppy was back in the home again after changing the locks on the home. So she Musta got in through the window

Submitted: 7 months ago.Category: Legal
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Answered in 14 minutes by:
12/1/2017
Lawyer: Lucy, Esq., Attorney replied 7 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You can serve the tenant with a three day notice to remove the dog or vacate the premises. If the lease requires her to maintain electricity on the home (especially if you're in an area that uses electric heat), you can also give her a notice to have the electricity restored in order to avoid the pipes freezing at night or vacate the premises. You can let her know that if the pipes do freeze because she shut off the electricity, she will legally be responsible for all repairs.

Then, if she doesn't leave, you can go to court and have her evicted.

You should be aware that it was illegal for you to change the locks on her. If you go to court, she could file a counterclaim seeking damages for an illegal lockout. But you should still be able to get her evicted, because she's in violation of the lease.

Please rate my answer positively so I get paid for the time spent answering your questions. If you're on a mobile device, you may have to scroll to the left. Thank you

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Customer reply replied 7 months ago
I was told that if electricity has been cut off for long period of time it is considered abandonment. And I can legally change the locks.
Lawyer: Lucy, Esq., Attorney replied 7 months ago

Abandonment requires considering all the circumstances to determine whether she'd moved out. The presence of a pet suggests that she was coming back. You might have a stronger claim if there was furniture visible through the windows, though.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

And if she doesn't pay the amount you're owed, you may not need the additional notices. You can go to court once the three days passes, anyway.

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Customer reply replied 7 months ago
Can I file this myself ? And what are the procedures?
Lawyer: Lucy, Esq., Attorney replied 7 months ago

Yes, you can file yourself. The first step is the notice to quit, which you've done.

Next, you'll file the Complaint for Eviction. Your local courthouse should have forms for this. Call and ask before you go in. If not, a law library will have books that show you what the complaint should look like. You could also check a local stationary store for legal forms.

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Customer reply replied 7 months ago
Can I get a criminal trespassing warning against her. Because the eviction days have passed and she is still there.
Lawyer: Lucy, Esq., Attorney replied 7 months ago

Unfortunately not. She has a right to be there until legally evicted and removed by the sheriff.

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Lawyer: Lucy, Esq., Attorney replied 7 months ago

Do you have any other questions about this?

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