Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1769
4
5 By: Representative Hawks
6 By: Senator J. Dismang
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE ARKANSAS RESIDENTIAL LANDLORD-
10 TENANT ACT OF 2007; TO AMEND THE LAW CONCERNING A
11 CAUSE OF ACTION FOR UNLAWFUL DETAINER AND FORCIBLE
12 ENTRY AND DETAINER; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO AMEND THE ARKANSAS RESIDENTIAL
17 LANDLORD-TENANT ACT OT 2007; AND TO AMEND
18 THE LAW CONCERNING A CAUSE OF ACTION FOR
19 UNLAWFUL DETAINER AND FORCIBLE ENTRY AND
20 DETAINER.
21
22
23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24
25 SECTION 1. Arkansas Code Title 18, Chapter 17, Subchapter 5, is
26 amended to add an additional section to read as follows:
27 18-17-502. Implied residential quality standards.
28 (a) For all lease agreements or rental agreements entered into or
29 renewed after November 1, 2021 that do not contain an option to purchase the
30 leased or rented property and except when prevented by an act of God, the
31 failure of public utility services, or other force majeure events to include
32 without limitation any epidemic or pandemic that causes work stoppages, labor
33 or material shortages, or required social distancing that impact the ability
34 to maintain or repair a premises, there shall be implied in all leases and
35 rental agreements for residential purposes a requirement that the dwelling
36 unit or single family residence have, at the time possession is delivered to
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1 the tenant or tenants:
2 (1) An available source of hot and cold running water;
3 (2) An available source of electricity;
4 (3) A source of potable drinking water;
5 (4) A sanitary sewer system that conforms to applicable building
6 and housing codes in existence at the time of installation;
7 (5) A functioning roof and building envelope; and
8 (6) A functioning heating and air conditioning system to the
9 extent the heating and air conditioning system served the premises at the
10 time the landlord and the tenant entered into the lease or rental agreement.
11 (b) Unless the tenant agrees in writing to accept responsibility to
12 renovate, remodel, or complete the renovation, remodeling, or construction of
13 the dwelling unit or single family residence, the provisions of subsection
14 (a) of this section shall supersede any contrary provision of an oral or
15 written lease or rental agreement.
16 (c) A landlord is in compliance with the requirements of subsection
17 (a) of this section:
18 (1) If the landlord supplies the tenant, at the time of initial
19 possession, a written form with which to list any defects listed in
20 subsection (a) of this section and the tenant:
21 (A) Signs the form without noting a defect of any item
22 listed in subsection (a) of this section and has not subsequently provided
23 notice of noncompliance; or
24 (B) Fails to return the form to the landlord within two
25 (2) business days and has not subsequently provided notice of noncompliance;
26 (2) If the noncompliance could not be remedied because the
27 tenant unreasonably refused the landlord entry to the premises for the
28 purpose of correcting the noncompliance; or
29 (3) If noncompliance was caused by the deliberate or negligent
30 act or omission of:
31 (A) The tenant;
32 (B) A member of the tenants family;
33 (C) Another occupant of or visitor on the premises; or
34 (D) Any person other than the landlord or the landlords
35 agent on the premises with the consent of the tenant, including without
36 limitation a person employed, contracted, or directed by the tenant to make
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1 repairs to the premises without the knowledge or consent of the landlord.
2 (d)(1) If a dwelling unit or single family residence does not comply
3 with subsection (a) of this section, the tenant may deliver notice of the
4 noncompliance to the landlord by certified mail or any other method provided
5 by the lease or rental agreement and shall specify the acts and omissions
6 constituting noncompliance.
7 (2)(A) If the payment of rent is current and the landlord does
8 not remedy the noncompliance within thirty (30) calendar days after receiving
9 the notice required by subdivision (d)(1) of this section, the tenants sole
10 remedy shall be to terminate the lease or rental agreement without penalty
11 and receive a refund of any security deposit recoverable under 18-16-301 et
12 seq.
13 (B) However, if the implied residential quality standards
14 were met as required by subsections (a)-(c) of this section, the landlord may
15 apply the tenants security deposit to the payment of any damage to the
16 premises caused by the tenant.
17 (3)(A) Nothing in this section shall be construed to excuse a
18 tenant from paying rent.
19 (B) A tenant shall not offset or withhold rent from the
20 landlord for any alleged or actual violation of the implied residential
21 quality standards listed in subsection (a) of this section.
22 (e)(1) Nothing in this section, or in a lease or rental agreement
23 shall prohibit a tenant from making a reasonable installation at his or her
24 expense of a smoke or carbon monoxide detector.
25 (2) If a smoke or carbon monoxide detector is installed, the
26 tenant is responsible for maintaining the device in working order.
27 (f) Nothing in this section shall:
28 (1) Limit a landlords exercise of any remedy provided at law
29 upon a tenants default under a rental or lease agreement; or
30 (2) Expand a landlords tort liability beyond the limits set by
31 18-16-110.
32
33 SECTION 2. Arkansas Code 18-60-307 is amended to read as follows:
34 18-60-307. Proceedings in court.
35 (a) When any person to whom any cause of action shall accrue under
36 this subchapter shall file in the office of the clerk of the court a
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1 complaint signed by him or her, his or her agent or attorney, specifying the
2 lands, tenements, or other possessions so forcibly entered and detained, or
3 so unlawfully detained over, and by whom and when done, and shall also file
4 the affidavit of himself or herself or some other credible person for him or
5 her, stating that the plaintiff is lawfully entitled to the possession of the
6 lands, tenements, or other possessions mentioned in the complaint and that
7 the defendant forcibly entered upon and detained them or unlawfully detains
8 them, after lawful demand therefor made in the manner described in this
9 subchapter, the clerk of the court shall thereupon issue a summons upon the
10 complaint. The summons shall be in customary form directed to the sheriff of
11 the county in which the cause of action is filed, with direction for service
12 thereof on the named defendants. In addition, he or she shall issue and
13 direct the sheriff to serve upon the named defendants a notice in the
14 following form:
15
16 NOTICE OF INTENTION TO ISSUE WRIT OF POSSESSION You are hereby notified
17 that the attached complaint in the above styled cause claims that you have
18 been guilty of [forcible entry and detainer] [unlawful detainer] (the
19 inapplicable phrase shall be deleted from the notice) and seeks to have a
20 writ of possession directing the sheriff to deliver possession of the lands,
21 tenements, or other possessions described in the complaint delivered to the
22 plaintiff. If, within five (5) days, excluding Sundays and legal holidays,
23 from the date of service of this notice, you have not filed in the office of
24 the clerk of this court a written objection to the claims made against you by
25 the plaintiff for possession of the property described in the complaint, then
26 a writ of possession shall forthwith issue from this office directed to the
27 sheriff of this county and ordering him to remove you from possession of the
28 property described in the complaint and to place the plaintiff in possession
29 thereof. If you should file a written objection to the complaint of the
30 plaintiff and the allegations for immediate possession of the property
31 described in the complaint within five (5) days, excluding Sundays and legal
32 holidays, from the date of service of this notice, a hearing will be
33 scheduled by the court to determine whether or not the writ of possession
34 should issue as sought by the plaintiff. If you continue to possess the
35 property described in the complaint, you are required to deposit into the
36 registry of the court a sum equal to the amount of rent due on the property
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1 and continue paying rent into the registry of the court during the pendency
2 of these proceedings in accordance with your written or verbal rental
3 agreement. Your failure to tender the rent due without justification is
4 grounds for the court to grant the writ of possession.
5 Clerk of Circuit/District Court
6 (b) If, within five (5) days, excluding Sundays and legal holidays,
7 following service of this summons, complaint, and notice seeking a writ of
8 possession against the defendants named therein, the defendant or defendants
9 have not filed a written objection to the claim for possession made by the
10 plaintiff in his or her complaint, the clerk of the court shall immediately
11 issue a writ of possession directed to the sheriff commanding him or her to
12 cause the possession of the property described in the complaint to be
13 delivered to the plaintiff without delay, which the sheriff shall thereupon
14 execute in the manner described in 18-60-310.
15 (c)(1) If a written objection to the claim of the plaintiff for a writ
16 of possession shall be filed by the defendant or defendants within five (5)
17 days from the date of service of the notice, summons, and complaint as
18 provided for in this section, the plaintiff shall obtain a date for the
19 hearing of the plaintiff's demand for possession of the property described in
20 the complaint at any time thereafter when the matter may be heard by the
21 court and shall give notice of the date, time, and place of the hearing by
22 certified mail, postage prepaid, either to the defendant or to his or her or
23 their counsel of record.
24 (2) If the defendant continues to possess the property described
25 in the plaintiff's complaint during the pendency of the proceedings under
26 this subchapter, the defendant is required to deposit into the registry of
27 the court at the time of filing the written objection a sum equal to the
28 amount of rent due on the property and continue paying rent into the registry
29 of the court in accordance with the written or verbal rental agreement.
30 (3) The failure of the defendant to deposit into the registry of
31 the court the rent due or any rent subsequently due during the pendency of
32 the proceeding under this subchapter without justification is grounds for the
33 court to grant the writ of possession.
34 (d)(1)(A) If a hearing is required to be held on the demand of the
35 plaintiff for an immediate writ of possession, the plaintiff shall there
36 present evidence sufficient to make a prima facie case of entitlement to
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1 possession of the property described in the complaint. The defendant or
2 defendants shall be entitled to present evidence in rebuttal thereof.
3 (B)(i) If the court decides upon all the evidence that the
4 plaintiff is likely to succeed on the merits at a full hearing and if the
5 plaintiff provides adequate security as determined by the court, then the
6 court shall order the clerk forthwith to issue a writ of possession to the
7 sheriff to place the plaintiff in possession of the property described in the
8 complaint, subject to the provisions of subsection (e) of this section.
9 (ii) No such action by the court shall be final
10 adjudication of the parties' rights in the action.
11 (2) A plaintiff demanding an immediate writ of possession who is
12 a housing authority and who claims in its complaint that the defendant or
13 defendants are being asked to surrender possession as a result of the
14 defendant or defendants having been convicted of a criminal violation of the
15 Uniform Controlled Substances Act, 5-64-101 et seq., shall be entitled to
16 receive an expedited hearing before the court within ten (10) days of the
17 filing of the objection by the defendant or defendants.
18 (e) If the defendant desires to retain possession of the property, the
19 court shall allow the retention upon the defendant's providing, within five
20 (5) days of issuance of the writ of possession, adequate security as
21 determined by the court.
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