Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 501 3
4
By: Senator J. Scott 5
By: Representatives Ennett, J. Richardson 6
7
For An Act To Be Entitled 8
AN ACT TO CREATE THE TENANT POSSESSIONS RECOVERY ACT; 9
TO REQUIRE A LANDLORD TO PROVIDE CERTAIN NOTICE TO A 10
TENANT WHEN A COURT HAS ISSUED A WRIT OF POSSESSION; 11
AND FOR OTHER PURPOSES. 12
13
14
Subtitle 15
TO CREATE THE TENANT POSSESSIONS 16
RECOVERY ACT; AND TO REQUIRE A LANDLORD 17
TO PROVIDE CERTAIN NOTICE TO A TENANT 18
WHEN A COURT HAS ISSUED A WRIT OF 19
POSSESSION. 20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. DO NOT CODIFY. TITLE. 24
This act shall be known and may be cited as the "Tenant Possessions 25
Recovery Act". 26
27
SECTION 2. Arkansas Code § 18 -16-108 is repealed. 28
18-16-108. Property left on premises after termination of lease. 29
(a) Upon the voluntary or involuntary termination of any lease 30
agreement, all property left in and about the premises by the lessee shall be 31
considered abandoned and may be disposed of by the lessor as the lessor shall 32
see fit without recourse by the lessee. 33
(b) All property placed on the premises by the tenant or lessee is 34
subject to a lien in favor of the lessor for the payment of all sums agreed 35
to be paid by the lessee. 36 SB501
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1
SECTION 3. Arkansas Code Title 18, Chapter 6, Subchapter 1, is amended 2
to add an additional section to read as follows: 3
18-16-114. Notice of repossession — Tenant possessions recovery. 4
(a) This section applies to a writ of possession issued under § 18 -16-5
507, the Arkansas Residential Landlord -Tenant Act of 2007, § 18 -17-101 et 6
seq., § 18-60-208, § 18-60-310, or an equivalent provision of local 7
ordinance. 8
(b)(1) After a court has issued a writ of possession, the landlord 9
shall, at least fourteen (14) days before the scheduled date of repossession 10
as set by the sheriff of the county where the property is located, provide 11
written notice to the tenant of the date on which the writ of possession is 12
scheduled to be executed by: 13
(A) Sending the notice by first -class mail with 14
certificate of mailing; and 15
(B) Posting the written notice on the front door of the 16
leased premises and taking a timestamped photograph indicating the date and 17
time of the notice posted on the front door. 18
(2) The notice required under subdivision (b)(1) of this section 19
shall include: 20
(A) The court summary ejectment case number; 21
(B) The tenant's name as stated in the summary ejectment 22
case; 23
(C) The address of the leased premises; 24
(D) The date that the writ of possession was ordered by 25
the court; 26
(E) The scheduled date of eviction; 27
(F) A statement that the repossession may occur unless the 28
tenant: 29
(i) Returns possession of the leased premises to the 30
landlord; or 31
(ii) Exercises the right of redemption; 32
(G) A statement that if the eviction occurs, all personal 33
property remaining in or about the leased premises shall be considered 34
abandoned and may be disposed of ten (10) days after the eviction date; 35
(H) A statement informing the tenant as to how the tenant 36 SB501
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may obtain any personal property left in or about the leased premises after 1
the eviction occurs; 2
(I) A statement that the notice is the final notice to the 3
tenant of the intended repossession, even if the repossession is stayed for 4
any reason; and 5
(J) The telephone number, email address, and mailing 6
address at which the landlord may be contacted. 7
(c) A landlord may charge the tenant for expenses actually incurred in 8
providing notice under subsection (b) of this section in an amount not to 9
exceed five dollars ($5.00). 10
(d) It is a rebuttable presumption that a tenant was properly notified 11
as required under subsection (b) of this section if the landlord provides to 12
the sheriff: 13
(1) The certificate of mailing of the notice in subdivision 14
(b)(1)(A) of this section; 15
(2) A photograph of the notice posted on the front door of the 16
leased premises containing a readable timestamp indicating the date and time 17
that the notice was posted; and 18
(3) A signed affidavit of the person who posted the notice on 19
the front door of the leased premises. 20
(e)(1) If the sheriff reasonably believes that the landlord has not 21
provided the notice required under subsection (b) of this section or that the 22
tenant may have redeemed the property, the sheriff: 23
(A) Shall notify the court; and 24
(B) Shall not execute the writ of possession without 25
further order of the court. 26
(2) If the court finds that the landlord did not provide the 27
notice required under subsection (b) of this section, the court shall vacate 28
the writ of possession. 29
(f) Except as provided in subsection (e) of this section, if the 30
landlord presents the documentation listed in subsection (b) of this section, 31
the sheriff: 32
(1) Shall file the documentation with the clerk of the court; 33
and 34
(2) May execute the writ of possession by putting the landlord 35
in possession of the premises, without the removal of any personal property 36 SB501
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from the premises. 1
(g) If a tenant is not present during the execution of the writ of 2
possession, the sheriff shall post a notice on the front door of the premises 3
stating that repossession of the premises has been completed and that the 4
tenant has ten (10) days to reclaim the tenant's personal property. 5
(h)(1) A tenant shall have ten (10) days following the execution of 6
the writ of possession to recover personal property from the premises. 7
(2) During the ten-day period, the landlord: 8
(A) Shall make the tenant's personal property reasonably 9
available for purposes of reclamation; and 10
(B) Is not liable to the tenant for any losses relating to 11
the personal property unless the loss is the result of a deliberate or 12
grossly negligent act on the part of the landlord. 13
(3) A tenant may not waive the right to reclaim personal 14
property under this section. 15
(h)(1) Unless the landlord and the tenant agree otherwise, personal 16
property remaining in or about the leased premises following the ten -day 17
period established under this section shall be considered abandoned and may 18
be disposed of under subdivision (h)(3) of this section. 19
(2) The landlord or any person acting on the landlord's behalf 20
shall not be liable for any loss of or damage to property deemed abandoned. 21
(3)(A) Except as provided in subdivision (h)(5) of this section, 22
a landlord may dispose of abandoned personal property by: 23
(i) Transportation to a licensed landfill or solid 24
waste facility; 25
(ii) Donation to charity; 26
(iii) Sale; or 27
(iv) Any other legal means. 28
(B) If a landlord disposes of abandoned personal property 29
by sale, the tenant shall be entitled to any proceeds of the sale that exceed 30
any back rent, move-out costs, or damage fees owed by the tenant to the 31
landlord. 32
(4) Personal property deemed abandoned under this section shall 33
not be placed in a public right -of-way or on any public property. 34
(5) On the execution of a writ of possession, a landlord is not 35
prohibited from: 36 SB501
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(A) Disposing of abandoned personal property consisting of 1
perishable food, hazardous materials, or trash; or 2
(B) Transferring an animal to an animal control officer, a 3
humane society, or any other person willing to provide care for the animal. 4
(i) If a court finds in favor of a tenant based on a violation of this 5
section, the tenant is entitled to: 6
(1) Actual damages; 7
(2) Reasonable attorney's fees and costs; 8
(3) Injunctive relief to recover possession of the leased 9
premises or personal property; or 10
(4) Any other remedy the court may find reasonable. 11
12
SECTION 4. Arkansas Code § 18 -16-507, concerning the writ of 13
possession for ejectment from a real property, is amended to add an 14
additional subsection to read as follows: 15
(h) A writ of possession under this section shall be executed in 16
compliance with § 18 -16-114. 17
18
SECTION 5. Arkansas Code § 18 -60-208 is amended to read as follows: 19
18-60-208. Writ of possession. 20
(a)(1) When the judgment for the plaintiff is both for the recovery of 21
the possession of the premises and for the damages, the plaintiff may have a 22
writ of possession. 23
(2) The writ shall command the officer to whom it may be 24
directed to deliver to the plaintiff possession of the premises and also 25
command him or her to levy and collect the damages and costs, as in 26
executions on judgments in personal actions. 27
(b) A writ of possession under this section shall be executed in 28
compliance with § 18 -16-114. 29
30
SECTION 6. Arkansas Code § 18 -30-310, concerning the execution of a 31
writ of possession relating to a forcible entry and detainer and an unlawful 32
detainer, is amended to add an additional subsection to read as follows: 33
(g) A writ of possession under this section shall be executed in 34
compliance with § 18 -16-114. 35
36