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Updated about 9 years ago on . Most recent reply

User Stats

227
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132
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Susan H.
  • Investor/Landlord
  • NWA, AR
132
Votes |
227
Posts

Holding Over Clause (Arkansas)

Susan H.
  • Investor/Landlord
  • NWA, AR
Posted

Updating my lease for new tenant (finally!). After the debacle with the last tenant (short version: wouldn't move, insisted we had an oral agreement; left behind thousands in damage) I need to add a "holding over" clause. Found this in the Arkansas Code:

"If the tenant's holdover is a willful violation of the provisions of this chapter or the rental agreement, the landlord may also recover an amount not more than three (3) months periodic rent or twice the actual damages sustained by him or her, whichever is greater and reasonable attorney's fees." (source: http://law.justia.com/codes/arkansas/2010/title-18...

I'm leaning toward putting the quoted passage directly in the lease. Sound reasonable?

~Susan

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