Common Property Disputes Part 2: Eviction Notices

There’s a knock at your door. You open the door, and the person confirms your name. Then the person says, “you’ve been served,” hands over a pile of papers, and leaves.

These papers are regarding eviction. The current landlord has taken legal action against you (the tenant) for not leaving the rental property. It’s a frightening notice, and you’ll need a lawyer to help fight the eviction.

 

The Difference Between Lease Termination And Eviction

Last week, we covered information about lease termination in Common Property Disputes Part 1: Tenant and Landlord Issues. Take a look at that blog post if you’re unfamiliar with the laws surrounding lease termination, as eviction notices are the next step to legally remove a tenant from the property.

Here’s how it works:

  1. The landlord must inform tenant of lease termination
  2. The tenant does not leave the dwelling within the specified amount of time
  3. The landlord files an unlawful detainer lawsuit against the tenant

Lease termination can happen for any reason, at any time when issued by the landlord. On the other hand, eviction notices can only be issued when the tenant has stayed past the agreed termination date (or neglected to pay rent).

 

 

Eviction notices also involve the legal system — meaning the landlord and tenant will need to go to court. If the tenant ignores the notice and does not file a response, then a judge can order the local law enforcement to remove the tenant from the property.

If you are being evicted because you are behind on rent, the legal process will be different. This blog post focuses on unlawful detainer lawsuits, but if you are charged with failure to vacate, you should still obtain an attorney. Consider consulting with Hickey & Hull, because regardless of your eviction circumstances, legal representation can help avoid the consequences of eviction on your personal record.

 

The Consequences Of Eviction

Tenants who leave within the time frame given in the lease termination period will not see consequences on their future renting history. However, eviction is a different story. Eviction notices go through the court and can appear on your rental history check if you try to acquire another apartment or home rental.

 

 

Evictions won’t appear on your credit check…but if you were evicted due to unpaid rent, your debt will be sent to a credit collection agency (which will appear on a credit check).

The bottom line is eviction will absolutely affect your rental history and possibly affect your credit history. It’s possible to secure a new rental if you explain the situation to your new landlord, have a cosigner, or offer additional money upfront to rent, but regardless, renters with evictions will have a difficult time securing a new place.

 

What To Do When You Receive An Eviction Notice

If you are a tenant who has been served with an eviction notice, you need to contact a lawyer as soon as possible. Once you have been served, you only have five days to file a response. Failure to respond will result in a court order allowing law enforcement to remove you themselves.

 

 

Hickey & Hull cannot stress this point enough: the first phone call you make after being served should be to a local attorney. Five days goes fast. While Sundays and holidays don’t count in the five day time period, your lawyer will need time to prepare a response. If you wait until the last minute, there’s no guarantee an attorney will be able to take the case — leaving you scrambling looking for representation.

 

Hickey & Hull Is Here To Help With Common Property Disputes

Are you a landlord looking to evict a tenant? Or a tenant looking to fight an eviction notice? You need to contact a reliable attorney to fight your case in court.

Hickey & Hull has five law offices in Fort Smith, Little Rock, Mena, Rogers, and Russellville to provide legal services for Arkansas residents. Clients can contact our offices via phone 479-802-6560 or schedule a consultation with a live representative today!

If you’re an Arkansas tenant served with an eviction notice, you have no time to waste. Contact Hickey & Hull to represent you in court.