I have a question about tenant rights I such as landlord lease violation and safe living conditions, Arkansas, Well my

Expert's Assistant chat
Customer: I have a question about tenant rights I such as landlord lease violation and safe living conditions
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Arkansas
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Well my landlord has served me with the unlawful detainer stating lack of payment of rent, which is untrue. What I haven’t paid yet was the security deposit. The land lord gave me 2 months to pay out the deposit with no specified number of payments or payment methods. I have lived in this property not even 3 weeks mind you. I found out after I moved in that the house has a bat infestation. Not just a small little haram infestation but over 100 in the attic and the amount of bats under the house is yet to be determined. This was not disclosed to me before signing of the lease either. This is no fly by night, pun intended, bat infestation. These bats have lived here for over 15 years! Which means there is waste build up of guana and urine from 15 years of these larger bats living in my house. Bad
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I’m not sure if you’re aware but bats are the primary carriers of histoplasmosis a debilitating lung fungus. The landlord was aware I am immuno compromised as I have lupus and I also have a small child living in this premises. Well until his father found out that the house was infested with bats.
Answered by JKEsq in 5 mins 1 year ago
imglogo
JKEsq
10+ years of experience
logo

49194 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
JKEsq
10+ years of experience
logo

49194 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

JKEsq, Expert

Hello, my name is ***** ***** welcome to JustAnswer.  I will be the attorney assisting you today.
I’m sorry to hear that you are having these legal troubles. I know that can be frustrating. Hopefully, we can get this resolved quickly. I will attempt to respond quickly to every one of your posts, but if not, please be patient, and I promise I will get back to you as soon as possible.

Customer
Good morning Jon. Thank you for answering my request
Customer
Did you get any of the previous information that I had submitted about what was going on
Customer
I'm in quite a pickle and so unsure of how to move forward with this
img

JKEsq, Expert

I’m sorry to hear about your issues here, hopefully, we can get them solved quickly.

The first issue with the security deposit, Any failure to pay any amount under the lease is a breach of the lease.  a Lease is a contract and failure to adhere to it is a breach.  Even if it is the security deposit. There is ample case law on that issue.

In Arkansas, tenants rent properties “as-is.” Any repairs they feel are necessary to make the dwelling habitable should be added to the rental agreement and agreed to by the landlord in writing, as well as an agreed-upon time to complete the repairs.

It’s up to the renter to contact their local government if they believe the rental property has not been maintained up to the locale’s housing codes.

If a landlord fails to make repairs that have been written into the lease agreement, or agreed to in writing after the tenant moves in, their tenant is given the following options:


  • Withhold rent – In Arkansas, even if the landlord has failed to make any repairs, tenants are still legally obligated to keep paying rent.

  • Repair and deduct – Tenants do not have the right to deduct repair costs from the following month’s rent.

  • Lawsuit – Tenants have the right to bring an action against a landlord for failing to keep the unit in a habitable condition given that conditions for repair were written in the lease.

  • Moving out – If a landlord refuses or fails to make repairs, the tenant can declare the lease terminated and leave.

  • Reporting to Public Officials -If the current living conditions pose any immediate health risk, tenants may contact local health inspectors.

So you do have a few options here. Your first move is to contact local code enforcement to come to inspect and bright up the landlord.   Then you should go hire a local band or tenant lawyer to draft a notice to the landlord to repair the issue or else you will be moving out.

You can find a highly-rated local lawyer on a lawyer review site like Avvo.com for your city. You can also use https://find.lawyer.com/justanswer.php?1 which will get you a free consultation as well as 25% off legal fees for being a JustAnswer member. If you cannot afford a lawyer and are low/no income, then you can search your county legal aid office on Google for their contact information and contact them for some free legal help.

Customer
Are you still there?
img

JKEsq, Expert

Did you read my anwer posted?

Customer
I didn't receive one yet. Let me check again
Customer
Nope I don't have an answer posted? I just refreshed and still nothing
img

JKEsq, Expert

Yes, 17 minutes ago.  Pasted below again:

"I’m sorry to hear about your issues here, hopefully, we can get them solved quickly.

The first issue with the security deposit, Any failure to pay any amount under the lease is a breach of the lease.  a Lease is a contract and failure to adhere to it is a breach.  Even if it is the security deposit. There is ample case law on that issue.

In Arkansas, tenants rent properties “as-is.” Any repairs they feel are necessary to make the dwelling habitable should be added to the rental agreement and agreed to by the landlord in writing, as well as an agreed-upon time to complete the repairs.

It’s up to the renter to contact their local government if they believe the rental property has not been maintained up to the locale’s housing codes.

If a landlord fails to make repairs that have been written into the lease agreement or agreed to in writing after the tenant moves in, their tenant is given the following options:


  • Withhold rent – In Arkansas, even if the landlord has failed to make any repairs, tenants are still legally obligated to keep paying rent.

  • Repair and deduct – Tenants do not have the right to deduct repair costs from the following month’s rent.

  • Lawsuit – Tenants have the right to bring an action against a landlord for failing to keep the unit in a habitable condition given that conditions for repair were written in the lease.

  • Moving out – If a landlord refuses or fails to make repairs, the tenant can declare the lease terminated and leave.

  • Reporting to Public Officials -If the current living conditions pose any immediate health risk, tenants may contact local health inspectors.

So you do have a few options here. Your first move is to contact local code enforcement to come to inspect and bright up the landlord.   Then you should go hire a local band or tenant lawyer to draft a notice to the landlord to repair the issue or else you will be moving out.

You can find a highly-rated local lawyer on a lawyer review site like Avvo.com for your city. You can also use https://find.lawyer.com/justanswer.php?1 which will get you a free consultation as well as 25% off legal fees for being a JustAnswer member. If you cannot afford a lawyer and are low/no income, then you can search your county legal aid office on Google for their contact information and contact them for some free legal help."

Customer
Ok. I just got it
img

JKEsq, Expert

Great.  Does that answer your question?

Customer
Ok so, the security deposit issue was clearly stated in the lease that it could be paid out in two months, October and November 2021. So, can she still evict me here in my third week of living here for what she is considering nonpayment
img

JKEsq, Expert

That depends on the exact wording which I cannot review here.

If it required 2 payments, one in October, then in 6 days you are in breach after midnight the 31st passes.

Customer
About the bat infestation...is that something that I contact the AR Board of Health about? I am unsure of the proper Avenue to take
img

JKEsq, Expert

Contact your city code enforcement office, they do local housing inspections.

Customer
Oh ok. Thank you! I didn't know the first thing about what to do with this incredibly loud and stinky problem. The smell comes at night when those bad boys are moving around ALL NIGHT LONG! Have you ever seen the movie Duplex with Drew Barrymore and Ben Stiller? I'm pretty sure I'm living it! LoL!
img

JKEsq, Expert

Sounds disgusting.  But you do have a way out.  Call city code and get a report and then take that you a local lawyer to terminate your lease.

You're very welcome.

Customer
The deposit thing is going to come down to interpretation of the wording of the lease I see. Also in the interpretation of this 10 day homemade Notice to Quit for the wrong amount according to her lease. This woman has been a total Dr Jekyl and Mr Hyde. Never knowing if she's hot or cold from one moment to the next.
Customer
Can she be held accountable for moving expenses due to non disclosure if code enforcement finds it non habitable
img

JKEsq, Expert

Possibly if you can prove that they knew of the issue and did not disclose it. That is something to go over with your local lawyer as to your remedies here and what you can get.

Customer
Do you recommend anyone here that practices this scope of law?
img

JKEsq, Expert

You can find a highly-rated local lawyer on a lawyer review site like Avvo.com for your city. You can also use https://find.lawyer.com/justanswer.php?1 which will get you a free consultation as well as 25% off legal fees for being a JustAnswer member. If you cannot afford a lawyer and are low/no income, then you can search your county legal aid office on Google for their contact information and contact them for some free legal help.

That is the best we can offer as this is not a licensed lawyer referral site.

Customer
I'm sorry, I know you are a very busy man, I'm just not from this area and I know very little about what type of attorney to retain in this circumstance.
img

JKEsq, Expert

You can find a highly-rated local lawyer on a lawyer review site like Avvo.com for your city. You can also use https://find.lawyer.com/justanswer.php?1 which will get you a free consultation as well as 25% off legal fees for being a JustAnswer member. If you cannot afford a lawyer and are low/no income, then you can search your county legal aid office on Google for their contact information and contact them for some free legal help.

That is the best we can offer as this is not a licensed lawyer referral site.

I do wish you luck as I do indeed have other customers waiting too.

Customer
Thank you so much for your help today. You have helped me tremendously. I hope you have a great week!
img

JKEsq, Expert

You're very welcome.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer