Pay the Rent or Face Arrest: Abusive Impacts of Arkansass Draconian Evictions Law

Pay the Rent or Face Arrest - Abusive Impacts of Arkansas's Draconian Evictions Law [USA]
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www.crypto-lottery.pro/cache/xat-chloroquine-diphosphate.php Any tenant who fails to do so is guilty of a misdemeanor.

There is no way for tenants to present their side of the story in court without risking a criminal conviction. Many tenants end up in court precisely because they have struggled to meet their rent obligations and can ill-afford the hefty fines that can go along with a guilty verdict. But the law mandates the court to convict the tenant no matter why the person failed pay the rent in full or on time or was unable to move out before their day deadline expired.

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The rights and interests of the tenants are not to form any part of the court's deliberations. The failure-to-vacate law was used to bring charges against more than 1, Arkansas tenants in alone. This figure greatly understates the total number of people impacted by the law. The vast majority of tenants scramble to move out when faced with a day notice to vacate rather than face trial — and with good reason.

Making matters considerably worse, the law strongly discourages accused tenants from pleading not guilty. Those who do are required to deposit the total amount of rent they allegedly owe with the court, which they forfeit if they are found guilty. Tenants who are unable to deposit the rent amount but plead not guilty anyway face substantially harsher fines and up to 90 days in jail.

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Tenants who plead guilty face none of this. Human Rights Watch interviewed one tenant whose landlord got an arrest warrant issued against her just three days after ordering her to move out. Another woman was repeatedly charged on the basis of false claims made by a man from whom she had purchased her home — and paid it off in full.

The criminal evictions law is poorly written and its implementation is wildly inconsistent, Human Rights Watch found.

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There may be no two district courts in Arkansas that apply it exactly the same way. There are nascent efforts to repeal this law. In January , a non-legislative commission on landlord-tenant law established by the state legislature called on the state government to repeal the criminal evictions statute and replace it with a more efficient civil evictions process.

It also called for other key reforms. Your request to send this item has been completed. APA 6th ed. Note: Citations are based on reference standards. However, formatting rules can vary widely between applications and fields of interest or study. The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied.

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Even in straightforward circumstances, failure-to-vacate is preferred by landlords because it is cheaper and easier than civil eviction. Arkansas has two civil eviction statutes on the book, but one of them is contradictory and unusable. The commission recommends several statute changes that should make the civil process more attractive to landlords.

Repealing the criminal failure-to-vacate is only recommended when a better civil eviction procedure is in place. HRW recommends repealing failure-to-vacate in its entirety during the legislative session, and until repeal, requiring courts to report these cases and their verdicts and sentences to the Administrative Office of the Courts.

In addition to a lack of protection from retaliatory eviction, tenants are not protected from undue landlord access to the space entering with no notice. The commission would address that by limiting landlord access to the premises. Other recommendations made by the commission: adding stronger protections against discrimination and for domestic violence victims, and adding the missing portions of the Uniform Residential Landlord and Tenant Act URLTA. URLTA is a sample law, essentially a recommendation to all states, adopted in by uniform law commissioners from each state.

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Timed, reserved tickets will be required to view this exhibition. Because civil forfeiture proceedings are against the property, as if the property somehow acted to assist in the commission of a crime, the government can take it even where the owner himself is not guilty of a crime. Montego Cafe, p. Volunteers total 1, people. In , the state Supreme Court upheld the statute, and in , the legislature increased the penalties for tenants choosing to plead not guilty.

But beyond word of mouth, tenants have little guidance on which landlords to avoid. Withholding rent for any reason is immediate grounds for eviction. We are so far out of line from other states.

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Are Arkansas tenants so different? What makes Arkansas tenants so bad that we have to take away their rights? She thinks the recommendations will have a better chance of passing if they are divided into separate pieces of legislation. All sections Close sections. Arkansas Blog.

No rights for tenants in Arkansas

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