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AR SB25

Bill

Status

Passed

2/14/2017

Primary Sponsor

Blake Johnson

Click for details

Origin

Senate

91st General Assembly (2017 Regular)

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Insurance and Commerce1/30/2017
Judiciary1/9/2017

Full Bill Text

No bill text available