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AR SB25
Bill
Status
2/14/2017
Primary Sponsor
Blake Johnson
Click for details
AI Summary
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Amends Arkansas Code § 18-16-101 to restore the statute to its language as previously upheld as constitutional in the 1976 federal case Munson v. Gilliam and 1989 Arkansas Supreme Court case Duhon v. State, following a 2015 Pulaski County Circuit Court ruling that found the 2001-amended version unconstitutional.
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Establishes that tenants who refuse or fail to pay rent forfeit their right to occupy the dwelling, and after 10 days' written notice from the landlord, willful refusal to vacate constitutes a misdemeanor.
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Sets fines upon conviction at not less than $1.00 nor more than $25.00 per day for each day the tenant fails to vacate, with each day constituting a separate offense.
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Requires tenants charged with refusal to vacate who plead not guilty and continue inhabiting the premises to deposit rent into the court registry during the proceedings, with payments returned to the tenant if acquitted or given to the landlord if convicted.
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Makes it a Class B misdemeanor for tenants convicted of refusal to vacate who fail to pay the required rental deposits into the 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
Notification that SB25 is now Act 159
2/14/2017