SB501
To Create The Tenant Possessions Recovery Act; And To Require A Landlord To Provide Certain Notice To A Tenant When A Court Has Issued A Writ Of Possession.
Last Action (May 5, 2025): Died in Senate Committee at Sine Die adjournment.
Sponsors
AI-Generated Summary
The Tenant Possessions Recovery Act establishes new procedural requirements for landlords in Arkansas regarding the handling of a tenant's personal property following an eviction. The bill repeals existing law that permitted landlords to consider all remaining property abandoned immediately upon lease termination. Under this act, landlords must provide tenants with at least 14 days' written notice before a scheduled repossession, including details on how to reclaim property. Following an eviction, the tenant is granted a 10-day period to recover their personal belongings, during which the landlord must make the property reasonably available. The bill outlines specific procedures for landlords to follow for the legal disposal of property deemed abandoned after this period, including potential sale with proceeds owed to the tenant after accounting for debts. Additionally, it empowers courts to vacate a writ of possession if the landlord fails to provide the required notice, and allows tenants to seek damages and attorney's fees for violations of the act. The bill also clarifies procedures for the abandonment of manufactured or mobile homes.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are tenants facing eviction, as the bill grants them formal notice of upcoming evictions, a 10-day grace period to retrieve their personal belongings, and legal recourse if landlords violate these procedures. Additionally, the court system and law enforcement benefit from having clearer, codified procedures to follow during the execution of a writ of possession, which helps minimize disputes and confusion regarding property abandonment.
Who Might Suffer?
Landlords are the primary group negatively impacted, as they face new, stricter notification requirements, administrative costs associated with providing such notices, and a mandatory 10-day period where they must store or manage a tenant's belongings. They also risk potential litigation, damages, and the vacating of a writ of possession if they fail to comply strictly with the notice and storage provisions of the act.
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