Property Abandonment

3 Replies

Hello all! Recently we had a tenant refuse to pay until we fixed a problem in their unit, we were having a part shipped & it took a while to get here. We replaced it closer to the middle of the month & then they were "going" to pay rent. Well we also had the unit up for sale & it had been a few days & they had enough warning that we were showing the apartments. When my husband went to show the apartment the lady cursed him, didn't let him show the unit, & told him they were moving in a week or by the 1st. We went to the apartment after Oct 1st to clean.....the apartment had feces all over the floor from an animal not approved in their apartment. They also had a couole dressers & urine covered bed. They called us on the 6th of October wanting their now abandoned items. We have held the items over 30 days & they expect us to keep  them for them. We did not receive September rent. From Arkansas law I've seen if it is abandoned then we didn't even have to hold it. Could anyone verify this for me? Thanks 

Arkansas Landlord Rentals

What does the landlord/tenant law say in Arkansas? Read it, know it, live it.

People, listen up. So many folks on BP talk about 'the tenant did this' or 'the HOA did that'; get smart! Read the laws that govern rental properties in your state. Read the leases you enter into with tenants. Read HOA agreements, contracts, proposals. READ!!! Stop acting like babies that don't know HOW to protect yourselves. If you can use the computer to login to BP and do this, you can google the rental laws in your state. Here's a link to them on Cozy.com, another great site for landlords. 

People...educate yourselves!

Originally posted by @Amber Joseph :

Hello all! Recently we had a tenant refuse to pay until we fixed a problem in their unit, we were having a part shipped & it took a while to get here. We replaced it closer to the middle of the month & then they were "going" to pay rent. Well we also had the unit up for sale & it had been a few days & they had enough warning that we were showing the apartments. When my husband went to show the apartment the lady cursed him, didn't let him show the unit, & told him they were moving in a week or by the 1st. We went to the apartment after Oct 1st to clean.....the apartment had feces all over the floor from an animal not approved in their apartment. They also had a couole dressers & urine covered bed. They called us on the 6th of October wanting their now abandoned items. We have held the items over 30 days & they expect us to keep  them for them. We did not receive September rent. From Arkansas law I've seen if it is abandoned then we didn't even have to hold it. Could anyone verify this for me? Thanks 

Arkansas Landlord Rentals

 Here's the link to the Arkansas Landlord-Tenant Handbook: http://arkansasrealtors.com/wp-content/uploads/2015/08/2014-Landlord-Tenant-Handbook-FINAL.pdf

@Amber Joseph   First of all, welcome to Bigger Pockets! I see from your profile that you have 16 units (or more) that your husband was involved in and introduced to you. You'll have some catch up to do regarding learning best practices for landlording and the BP site has a wealth of information for you. Spend some time looking at what's offered under the Education tab. Take a listen to BP Podcast #83 where I share some tips and strategies for landlording. I married into the business and carefully brought my husband and in-laws around to getting our business into compliance with the laws for our jurisdiction as well as adopting best practices for this industry. 

So sorry you"re having to deal with this unsavory situation. Sounds like you're losing out on rent for September, October, and November, plus have a difficult task ahead of you to get the apartment back in shape to sell, or may need to offer a discount to the buyer. At least you have your unit back. Give the tenants back their possessions in accordance with the law for your jurisdiction. Keep everything professional and all communications in writing, letters-not by email or text messages or phone calls. Keep photos of the place too, preferably before and after photos of the unit regarding this tenancy. Documentation is key to your protection. 

Soon you will know how to screen tenants better and the importance of regular inspections. You can make a positive difference in the lives of the people you serve! Look forward, lean forward. Good luck on your journey!

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