Common Property Disputes Part 1: Landlord and Tenant Issues

Meaghan Kleine Blog

According to the National Multifamily Housing Center, approximately 45 million households in the U.S. rent their current dwelling. Of these renters, 82% expressed dissatisfaction with the housing market prices, leaving them with no affordable options to own their own home.

But renting leaves you at the mercy of your landlord, who can legally terminate your lease agreement for any reason. And that’s just the tip of the iceberg — every landlord in Arkansas will have different policies for subletting, home repairs, pets, and more.

 

Lease Termination

Many years ago, I knew a family who had been renting a home. They had lived in the house for over 10 years and had a good relationship with the landlord (paid rent on time, no issues with neighbors, etc). 

Despite all of this, the landlord decided they wanted to move into this property, so they issued a notice of lease termination. The family had one month (their rental period) to pack, find a new place to live, and move.

 

 

You might be thinking, “Is that legal?” Yes. Even though the family had been great tenants, the landlord has the right to terminate the lease at any time, for any reason. Since they had an oral lease agreement, the landlord only had to provide one rental period’s notice.

For tenants with written contracts, the lease agreement will describe the termination process. Check your personal lease for more information, as it may vary between different landlords.

 

Special Considerations For Tenants

If a tenant makes the choice to move out of their rental, they must follow the instructions indicated on the lease. Some lease agreements have month-to-month agreements, whereas others have yearly agreements.

If you are leaving your lease significantly early but can’t break the lease and don’t want to be stuck making rental payments, consider talking to your landlord about finding a sublet. In this case, the tenant is still considered responsible for the property, but they have a legal agreement with another person to pay rent for the subleased space.

Not all landlords allow subleases, so it’s important to check your lease agreement and discuss your plans with the landlord.

 

Home Repairs

When it comes to private rentals, home repairs can be tricky. Some landlords don’t perform any repairs unless required to by the Arkansas Housing Codes. For example, in Little Rock, landlords must provide:

  • Hot and cold water
  • Electricity
  • Plumbing
  • A stable roof
  • And more (depending upon the number of rental properties owned)

Tenants should explore their city’s housing codes to determine the home repair responsibilities of their current landlord. In addition, the rental agreement should include information about maintenance.

Always refer to the lease before making repairs as a tenant. If a home maintenance project goes wrong, the tenant could be held responsible for additional (and costly) fixes.

 

 

When In Doubt, Contact The Professionals At Hickey & Hull

Regardless of your status as tenant or landlord, if you feel like your rights have been violated, it’s time to consult with an attorney. At Hickey & Hull, our team of paralegals and lawyers have experience helping our clients navigate property disputes.

Ready to get started? Contact one of our online agents today to schedule your initial consultation. Housing disputes can be stressful and complex — let Hickey & Hull focus on the legal issues so you can feel at peace in your home.