Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                          Act 1052 of the Regular Session
 State of Arkansas As Engrossed:        S3/29/21 S4/8/21 H4/20/21 H4/22/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             SENATE BILL 594
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 By: Senator J. Dismang
 By: Representative Hawks
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                                   For An Act To Be Entitled
                AN ACT TO AMEND THE ARKANSAS RESIDENTIAL LANDLORD-
                TENANT ACT OF 2007; TO AMEND THE LAW CONCERNING A
                CAUSE OF ACTION FOR UNLAWFUL DETAINER AND FORCIBLE
                ENTRY AND DETAINER; AND FOR OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE ARKANSAS RESIDENTIAL
                         LANDLORD-TENANT ACT OF 2007; AND TO AMEND
                         THE LAW CONCERNING A CAUSE OF ACTION FOR
                         UNLAWFUL DETAINER AND FORCIBLE ENTRY AND
                         DETAINER.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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        SECTION 1.        Arkansas Code Title 18, Chapter 17, Subchapter 5, is
 amended to add an additional section to read as follows:
        18-17-502.        Implied residential quality standards.
        (a)    For all lease agreements or rental agreements entered into or
 renewed after November 1, 2021, and exclusive of a lease to purchase or a
 lease with a purchase right and except when temporarily prevented by an act
 of God, the failure of, or caused by, public utility service, or other force
 majeure events to include without limitation any epidemic or pandemic that
 causes work stoppages, labor or material shortages, or required social
 distancing that impact the ability to maintain or repair a premises, there
 shall be implied in all leases and rental agreements for residential purposes
 a requirement that a dwelling unit or single-family residence have, both at
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 the time possession is delivered to the tenant or tenants named in the lease
 or rental agreement and throughout the term of the lease or rental agreement:
              (1)    An available source of hot and cold running water;
              (2)    An available source of electricity;
              (3)    A source of potable drinking water;
              (4) A sanitary sewer system and plumbing that conform to applicable
 building and housing codes in existence at the time of installation;
              (5)    A functioning roof and building envelope; and
              (6) A functioning heating and air conditioning system to the extent
 the heating and air conditioning system served the premises at the time the
 landlord and the tenant entered into the lease or rental agreement.
       (b)   Unless the tenant agrees in writing to accept responsibility to
 renovate, remodel, or complete the renovation, remodeling, or construction of
 the dwelling unit or single-family residence, the provisions of subsection (a)
 of this section shall supersede any contrary provision of an oral or written
 lease or rental agreement.
       (c)   A landlord shall be deemed to be in compliance with the requirements
 of subsection (a) of this section:
              (1)     If the landlord supplies the tenant, at the time possession
 is available to the tenant, a written form with which to list any defects listed
 in (a) of this section and the tenant:
                      (A)   Signs the form without noting a defect of any item
 listed in subsection (a) of this section and takes possession of the
 premises;   or
                      (B)   Fails to return the form to the landlord within two
 (2) business days; or
              (2)     As to defects which arise after possession by the tenant, if
 the tenant delivers written notice to the landlord but the noncompliance:
                      (A)   Could not be remedied because the tenant refused the
 landlord entry to the premises for the purpose of correcting the defect; or
                      (B)   Was caused by the deliberate or negligent act or
 omission of:
                             (i)     The tenant;
                             (ii)    A member of the tenants family;
                             (iii)    Another occupant of or visitor on the
 premises; or
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                                 (iv)   Any person other than the landlord or the
 landlords agent.
        (d)(1)     If a dwelling unit or single-family residence does not comply
 with subsection (a) of this section, the tenant is entitled to deliver
 written notice of the noncompliance to the landlord by certified mail or any
 other method provided by the lease or rental agreement and shall specify the
 acts and omissions constituting noncompliance.
                 (2)(A)     If the payment of rent is current, noncompliance is not
 excused under subsection (c) of this section, and the landlord does not
 remedy the noncompliance within thirty (30) calendar days after receiving the
 notice required by subdivision (d)(1) of this section, the tenants sole
 remedy shall be to terminate the lease or rental agreement without penalty
 and receive a refund of any security deposit recoverable under  18-16-301 et
 seq.
                          (B)   However, if the implied quality standards were met as
 required by subsections (a)-(c) of this section, the landlord may apply the
 tenants security deposit to the payment of any damage to the premises as
 provided in  18-16-301 et seq. in addition to any other remedy provided by
 applicable law.
                 (3)(A)     Nothing in this chapter shall be construed to excuse a
 tenant from paying rent.
                          (B)   A tenant shall not offset or withhold rent from the
 landlord for any alleged or actual violation of the implied quality standards
 listed in subsection (a) of this section.
        (e)(1)     Nothing in this chapter, or in a lease or rental agreement
 shall prohibit a tenant from making a correct installation at his or her
 expense of a battery powered or plug-in smoke or carbon monoxide detector.
                 (2)    If a battery powered or plug-in smoke or carbon monoxide
 detector is installed, the tenant shall be solely responsible for:
                          (A)   Determining if the detector is operational;
                          (B)   Maintaining the device in working order; and
                          (C)   Any damage or repairs to the premises caused by the
 installation or removal of the detector.
        (f)   Nothing in this chapter shall be construed to:
                 (1)    Limit a landlord's exercise of any remedy provided at law or
 equity upon a tenant's default under a lease or rental agreement; or
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            (2)    Expand a landlords tort liability beyond the limits set by
  18-16-110.
      (g)   Except as otherwise provided by this chapter, a landlord or tenant
 shall not agree in a lease or rental agreement to waive or forego any of the
 rights, duties, or remedies available under this chapter.
      (h)   This section does not relieve the landlord from having to comply
 with any stricter applicable housing standard of a local government with
 jurisdiction.
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      SECTION 2.    Arkansas Code  18-60-307 is amended to read as follows:
      18-60-307.    Proceedings in court.
      (a)   When any person to whom any cause of action shall accrue under
 this subchapter shall file in the office of the clerk of the court a
 complaint signed by him or her, his or her agent or attorney, specifying the
 lands, tenements, or other possessions so forcibly entered and detained, or
 so unlawfully detained over, and by whom and when done, and shall also file
 the affidavit of himself or herself or some other credible person for him or
 her, stating that the plaintiff is lawfully entitled to the possession of the
 lands, tenements, or other possessions mentioned in the complaint and that
 the defendant forcibly entered upon and detained them or unlawfully detains
 them, after lawful demand therefor made in the manner described in this
 subchapter, the clerk of the court shall thereupon issue a summons upon the
 complaint. The summons shall be in customary form directed to the sheriff of
 the county, or process server, in which the cause of action is filed, with
 direction for service thereof on the named defendants. In addition, he or she
 shall issue and direct the sheriff or process server to serve upon the named
 defendants a notice in the following form:
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 NOTICE OF INTENTION TO ISSUE WRIT OF POSSESSION You are hereby notified
 that the attached complaint in the above styled cause claims that you have
 been guilty of [forcible entry and detainer] [unlawful detainer] (the
 inapplicable phrase shall be deleted from the notice) and seeks to have a
 writ of possession directing the sheriff to deliver possession of the lands,
 tenements, or other possessions described in the complaint delivered to the
 plaintiff. If, within five (5) days, excluding Sundays and legal holidays,
 from the date of service of this notice, you have not filed in the office of
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 the clerk of this the court a written objection to the claims made against
 you by the plaintiff for possession of the property described in the
 complaint, then the plaintiff shall be entitled to a writ of possession that
 shall forthwith issue from this office directed to the sheriff of this county
 and ordering him or her to remove you from possession of the property
 described in the complaint and to place the plaintiff in possession thereof.
 If you should file with the clerk of the court a written objection to the
 complaint of the plaintiff and the allegations for immediate possession of
 the property described in the complaint within five (5) days, excluding
 Sundays and legal holidays, from the date of service of this notice, a
 hearing will be scheduled by the court to determine whether or not the writ
 of possession should issue as sought by the plaintiff. If you continue to
 possess the property described in the complaint, you are required to deposit
 into the registry of the court a sum equal to the amount of rent due on the
 property and continue paying rent into the registry of the court during the
 pendency of these proceedings in accordance with your written or verbal
 rental agreement. Your failure to tender the rent due without justification
 is grounds for the court to grant the writ of possession.
 Clerk of Circuit/District Court
      (b)   If, within five (5) days, excluding Sundays and legal holidays,
 following service of this summons, complaint, and notice seeking a writ of
 possession against the defendants named therein, the defendant or defendants
 have not filed a written objection to the claim for possession made by the
 plaintiff in his or her complaint, the clerk of the court shall immediately
 issue a writ of possession directed to the sheriff commanding him or her to
 cause the possession of the property described in the complaint to be
 delivered to the plaintiff without delay, which the sheriff shall thereupon
 execute in the manner described in  18-60-310.
      (c)(1)     If a written objection to the claim of the plaintiff for a writ
 of possession shall be filed by the defendant or defendants within five (5)
 days from the date of service of the notice, summons, and complaint as
 provided for in this section, the plaintiff shall obtain a date for the
 hearing of the plaintiff's demand for possession of the property described in
 the complaint at any time thereafter when the matter may be heard by the
 court and shall give notice of the date, time, and place of the hearing by
 certified mail, postage prepaid, either to the defendant or to his or her or
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 their counsel of record.
            (2)    If the defendant continues to possess the property described
 in the plaintiff's complaint during the pendency of the proceedings under
 this subchapter, the defendant is required to deposit into the registry of
 the court at the time of filing the written objection a sum equal to the
 amount of rent due on the property and continue paying rent into the registry
 of the court in accordance with the written or verbal rental agreement.
            (3)    The failure of the defendant to deposit into the registry of
 the court the rent due or any rent subsequently due during the pendency of
 the proceeding under this subchapter without justification is grounds for the
 court to grant the writ of possession.
      (d)(1)(A)    If a hearing is required to be held on the demand of the
 plaintiff for an immediate writ of possession, the plaintiff shall there
 present evidence sufficient to make a prima facie case of entitlement to
 possession of the property described in the complaint. The defendant or
 defendants shall be entitled to present evidence in rebuttal thereof.
                    (B)(i)     If the court decides upon all the evidence that the
 plaintiff is likely to succeed on the merits at a full hearing and if the
 plaintiff provides adequate security as determined by the court, then the
 court shall order the clerk forthwith to issue a writ of possession to the
 sheriff to place the plaintiff in possession of the property described in the
 complaint, subject to the provisions of subsection (e) of this section.
                             (ii)   No such action by the court shall be final
 adjudication of the parties' rights in the action.
            (2)    A plaintiff demanding an immediate writ of possession who is
 a housing authority and who claims in its complaint that the defendant or
 defendants are being asked to surrender possession as a result of the
 defendant or defendants having been convicted of a criminal violation of the
 Uniform Controlled Substances Act,  5-64-101 et seq., shall be entitled to
 receive an expedited hearing before the court within ten (10) days of the
 filing of the objection by the defendant or defendants.
      (e)   If the defendant desires to retain possession of the property, the
 court shall may upon motion and good cause shown allow the retention upon the
 defendant's providing of the premises only if the defendant provides, within
 five (5) days of issuance of the writ of possession, adequate security as
 determined by the court in any event not less than the amount of any
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 delinquent rent and rent to accrue while the defendant is allowed to retain
 possession of the premises.
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                                  /s/J. Dismang
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                                APPROVED: 4/29/21
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