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AR SB904

Bill

Status

Failed

4/22/2015

Primary Sponsor

Bart Hester

Click for details

Origin

Senate

90th General Assembly (2015 Regular)

AI Summary

  • Amends Arkansas Code § 18-16-101 to restore the statute to its form when previously upheld as constitutional in Munson v. Gilliam (1976) and Duhon v. State (1989), eliminating amendments found unconstitutional in State v. Artoria Smith (2015).

  • Establishes that tenants who fail to pay rent forfeit all right to occupy the dwelling and become guilty of misdemeanor if they refuse to vacate after 10 days' written notice from the landlord.

  • Sets criminal penalties of $1.00 to $25.00 per day fine for each day tenant refuses to vacate, with each day constituting a separate offense.

  • Requires tenants pleading not guilty to refusal to vacate charges to deposit rent payments into court registry during proceedings; if found not guilty, payments return to tenant; if found guilty, payments go to landlord.

  • Makes it a Class B misdemeanor for tenants found guilty of refusal to vacate who fail to pay required rental deposits into court registry.

Legislative Description

To Amend Arkansas Code § 18-16-101 Concerning The Failure To Pay Rent And The Refusal To Vacate Upon Notice.

Last Action

Sine Die adjournment

4/22/2015

Committee Referrals

Judiciary3/9/2015

Full Bill Text

No bill text available