Can I refuse rent? (AR)

teresalee · #1 Aug 27, 2006, 02:24 PM

Rented to a young man back in Nov '05 and his dad co-signed. Every month it was a problem collecting rent. We had to make several phone calls to both him and his dad and then rent would be paid sometime between the 3rd and the 5th. We were getting really tired of this, but he said in May '06 he was actively looking to move so we thought we could tolerate this a while longer and he'd be gone. Well in the end of June he said he was definitely leaving by July 15th and asked if we could possibly split July's rent for him (our first mistake). We said okay. Well he didn't pay his 1/2 month's rent that was due on July 1st until the 5th. I sent him a letter containing his receipt and stating that we expected him to leave on the 15th as he promised. We didn't hear anything and were preparing to go over to the house to start cleaning it up. We called on the 14th to be sure he would be gone the next day and he said, oh he wouldn't be leaving after all and he'd pay the other half month whenever he got around to coming over our way.(He ended up paying on July 18th) I sent him a letter to pay rent in a timely manner and he called me and went ballistic and said he would retaliate for me not being polite to him anymore. He proceeded to try to say several things were wrong with the house and he was going to 'get me'. He had never once complained about anything before this and wasn't exactly coherent). Also, according to the AR Atty Gen's website all residential prop is rented 'as is' unless otherwise agreed (but I have always made repairs anyway). I decided he was a bit nuts and I was very tired of his late payment habits and I sent him a 30 day notice to terminate tenancy on July 19th. Well, because of splitting up July's rent, Aug 1st's rent day fell in the middle of the 30 day notice. I accepted partial rent from him to carry him over to Aug 20th (the last day of the 30 day)I assumed that the 30 day notice was not tied in with payment or non payment of rent. When I went over on Aug 21st with the police officer to see why he hadn't moved yet, both the officer and the tenant said I negated my 30 day notice by accepting rent during the notice period. The officer said to give him a 10 day notice to quit and to refuse to accept rent, which I did. But now, in retrospect, this doesn't seem right either. How can I refuse rent and then give him a notice for non-payment??? Not that I'm looking a gift horse in the mouth mind you, and if both the tenant and officer agree to this, I guess I'm wrong. But it seems that when I finally get in front of the Judge, he's going to ask the tenant why he didn't pay and he's going to say 'but I tried to and she refused it'; and thence the rest of my question, if I'm forced to accept rent, does that imply I accept the tenant and his right to be there? Thanks, sorry for the long story.....

CaptainForest · Aug 27, 2006, 10:22 PM

No.

He is on a month to month lease.

Right to him and tell him that his last month will be September, and he must pay you rent and vacate at the end of the month.

But, in fact, you already have done this.

I would consult with an attorney but I think the officer might have been wrong.

Cvillecpm · Aug 28, 2006, 07:14 AM

Stop dealing with SON and deal ONLY with the FATHER in writing...Father is on the hook financially.

Provide necessary written termination notice and follow through with an attorney for an eviction if necessary.

You are TOO NICE and have let the situation get out of hand.

excon · Aug 28, 2006, 08:08 AM

Hello teresalee:

Cops are the LAST place to get legal advice - especially CIVIL legal advice.

In terms of landlord tenant law, Arkansas is still in the dark ages. That isn't bad for you. After all, landlords were in charge during the dark ages, and they wrote the law.

I gave a cursory look, and found nothing specific in AR law. What the cop was most likely referring to, is a general concept found in the universal landlord tenant law adopted by most states, wherein a landlord cannot accept a partial months rent and proceed with the eviction.

However, Arkansas law doesn't adhere to that notion. Maybe the cop is a Yankee. Besides, what do you expect from a state whose motto is: "Literacy ain't everything"?

excon

teresalee · Aug 28, 2006, 02:22 PM

HOOOOOORRAAAYY - HE'S MOVING OUT!! We just went by the house just now and there's a big moving van in the front yard. I think he was afraid of getting arrested on Friday more than he was afraid of me, but whatever. Wow, now I'll finally be able to sleep tonight. I've definitely learned a lot from all of this and will not repeat the same mistakes with the next tenant. Thanks for all of the help!!

teresalee · Aug 28, 2006, 02:31 PM

BTW, how do you all stand this? This takes nerves of steel to be sure.
I really did appreciate all of the specific help and answers given. I went to an attorney this afternoon for what was suppose to be a 30 min free consultation, and he backed me right out of the office and said he doesn't give free advice (huh). So I really needed someone to talk to, so THANKS AGAIN. Anyway I did join the local landlord's group as talking with 'veterans' is really the best idea.

s_cianci · Aug 30, 2006, 12:17 PM

You're right, this doesn't make sense. A tenant is liable for payment of rent right up until the last day of occupancy (unless the lease stipulates otherwise), whether there's an eviction pending or not. Speak with an attorney about this and continue with the eviction proceedings.



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