Arkansas 2025 Regular Session

Arkansas Senate Bill SB501 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	JMB565 03/18/2025 12:59:24 PM JMB565
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 501 3
6	6	4
7	7	By: Senator J. Scott 5
8	8	By: Representatives Ennett, J. Richardson 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO CREATE THE TENANT POSSESSIONS RECOVERY ACT; 9
12	12	TO REQUIRE A LANDLORD TO PROVIDE CERTAIN NOTICE TO A 10
13	13	TENANT WHEN A COURT HAS ISSUED A WRIT OF POSSESSION; 11
14	14	AND FOR OTHER PURPOSES. 12
15	15	13
16	16	14
17	17	Subtitle 15
18	18	TO CREATE THE TENANT POSSESSIONS 16
19	19	RECOVERY ACT; AND TO REQUIRE A LANDLORD 17
20	20	TO PROVIDE CERTAIN NOTICE TO A TENANT 18
21	21	WHEN A COURT HAS ISSUED A WRIT OF 19
22	22	POSSESSION. 20
23	23	21
24	24	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
25	25	23
26	26	SECTION 1. DO NOT CODIFY. TITLE. 24
27	27	This act shall be known and may be cited as the "Tenant Possessions 25
28	28	Recovery Act". 26
29	29	27
30	30	SECTION 2. Arkansas Code § 18 -16-108 is repealed. 28
31	31	18-16-108. Property left on premises after termination of lease. 29
32	32	(a) Upon the voluntary or involuntary termination of any lease 30
33	33	agreement, all property left in and about the premises by the lessee shall be 31
34	34	considered abandoned and may be disposed of by the lessor as the lessor shall 32
35	35	see fit without recourse by the lessee. 33
36	36	(b) All property placed on the premises by the tenant or lessee is 34
37	37	subject to a lien in favor of the lessor for the payment of all sums agreed 35
38	38	to be paid by the lessee. 36 SB501
39	39
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41	41	1
42	42	SECTION 3. Arkansas Code Title 18, Chapter 6, Subchapter 1, is amended 2
43	43	to add an additional section to read as follows: 3
44	44	18-16-114. Notice of repossession — Tenant possessions recovery. 4
45	45	(a) This section applies to a writ of possession issued under § 18 -16-5
46	46	507, the Arkansas Residential Landlord -Tenant Act of 2007, § 18 -17-101 et 6
47	47	seq., § 18-60-208, § 18-60-310, or an equivalent provision of local 7
48	48	ordinance. 8
49	49	(b)(1) After a court has issued a writ of possession, the landlord 9
50	50	shall, at least fourteen (14) days before the scheduled date of repossession 10
51	51	as set by the sheriff of the county where the property is located, provide 11
52	52	written notice to the tenant of the date on which the writ of possession is 12
53	53	scheduled to be executed by: 13
54	54	(A) Sending the notice by first -class mail with 14
55	55	certificate of mailing; and 15
56	56	(B) Posting the written notice on the front door of the 16
57	57	leased premises and taking a timestamped photograph indicating the date and 17
58	58	time of the notice posted on the front door. 18
59	59	(2) The notice required under subdivision (b)(1) of this section 19
60	60	shall include: 20
61	61	(A) The court summary ejectment case number; 21
62	62	(B) The tenant's name as stated in the summary ejectment 22
63	63	case; 23
64	64	(C) The address of the leased premises; 24
65	65	(D) The date that the writ of possession was ordered by 25
66	66	the court; 26
67	67	(E) The scheduled date of eviction; 27
68	68	(F) A statement that the repossession may occur unless the 28
69	69	tenant: 29
70	70	(i) Returns possession of the leased premises to the 30
71	71	landlord; or 31
72	72	(ii) Exercises the right of redemption; 32
73	73	(G) A statement that if the eviction occurs, all personal 33
74	74	property remaining in or about the leased premises shall be considered 34
75	75	abandoned and may be disposed of ten (10) days after the eviction date; 35
76	76	(H) A statement informing the tenant as to how the tenant 36 SB501
77	77
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79	79	may obtain any personal property left in or about the leased premises after 1
80	80	the eviction occurs; 2
81	81	(I) A statement that the notice is the final notice to the 3
82	82	tenant of the intended repossession, even if the repossession is stayed for 4
83	83	any reason; and 5
84	84	(J) The telephone number, email address, and mailing 6
85	85	address at which the landlord may be contacted. 7
86	86	(c) A landlord may charge the tenant for expenses actually incurred in 8
87	87	providing notice under subsection (b) of this section in an amount not to 9
88	88	exceed five dollars ($5.00). 10
89	89	(d) It is a rebuttable presumption that a tenant was properly notified 11
90	90	as required under subsection (b) of this section if the landlord provides to 12
91	91	the sheriff: 13
92	92	(1) The certificate of mailing of the notice in subdivision 14
93	93	(b)(1)(A) of this section; 15
94	94	(2) A photograph of the notice posted on the front door of the 16
95	95	leased premises containing a readable timestamp indicating the date and time 17
96	96	that the notice was posted; and 18
97	97	(3) A signed affidavit of the person who posted the notice on 19
98	98	the front door of the leased premises. 20
99	99	(e)(1) If the sheriff reasonably believes that the landlord has not 21
100	100	provided the notice required under subsection (b) of this section or that the 22
101	101	tenant may have redeemed the property, the sheriff: 23
102	102	(A) Shall notify the court; and 24
103	103	(B) Shall not execute the writ of possession without 25
104	104	further order of the court. 26
105	105	(2) If the court finds that the landlord did not provide the 27
106	106	notice required under subsection (b) of this section, the court shall vacate 28
107	107	the writ of possession. 29
108	108	(f) Except as provided in subsection (e) of this section, if the 30
109	109	landlord presents the documentation listed in subsection (b) of this section, 31
110	110	the sheriff: 32
111	111	(1) Shall file the documentation with the clerk of the court; 33
112	112	and 34
113	113	(2) May execute the writ of possession by putting the landlord 35
114	114	in possession of the premises, without the removal of any personal property 36 SB501
115	115
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117	117	from the premises. 1
118	118	(g) If a tenant is not present during the execution of the writ of 2
119	119	possession, the sheriff shall post a notice on the front door of the premises 3
120	120	stating that repossession of the premises has been completed and that the 4
121	121	tenant has ten (10) days to reclaim the tenant's personal property. 5
122	122	(h)(1) A tenant shall have ten (10) days following the execution of 6
123	123	the writ of possession to recover personal property from the premises. 7
124	124	(2) During the ten-day period, the landlord: 8
125	125	(A) Shall make the tenant's personal property reasonably 9
126	126	available for purposes of reclamation; and 10
127	127	(B) Is not liable to the tenant for any losses relating to 11
128	128	the personal property unless the loss is the result of a deliberate or 12
129	129	grossly negligent act on the part of the landlord. 13
130	130	(3) A tenant may not waive the right to reclaim personal 14
131	131	property under this section. 15
132	132	(h)(1) Unless the landlord and the tenant agree otherwise, personal 16
133	133	property remaining in or about the leased premises following the ten -day 17
134	134	period established under this section shall be considered abandoned and may 18
135	135	be disposed of under subdivision (h)(3) of this section. 19
136	136	(2) The landlord or any person acting on the landlord's behalf 20
137	137	shall not be liable for any loss of or damage to property deemed abandoned. 21
138	138	(3)(A) Except as provided in subdivision (h)(5) of this section, 22
139	139	a landlord may dispose of abandoned personal property by: 23
140	140	(i) Transportation to a licensed landfill or solid 24
141	141	waste facility; 25
142	142	(ii) Donation to charity; 26
143	143	(iii) Sale; or 27
144	144	(iv) Any other legal means. 28
145	145	(B) If a landlord disposes of abandoned personal property 29
146	146	by sale, the tenant shall be entitled to any proceeds of the sale that exceed 30
147	147	any back rent, move-out costs, or damage fees owed by the tenant to the 31
148	148	landlord. 32
149	149	(4) Personal property deemed abandoned under this section shall 33
150	150	not be placed in a public right -of-way or on any public property. 34
151	151	(5) On the execution of a writ of possession, a landlord is not 35
152	152	prohibited from: 36 SB501
153	153
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155	155	(A) Disposing of abandoned personal property consisting of 1
156	156	perishable food, hazardous materials, or trash; or 2
157	157	(B) Transferring an animal to an animal control officer, a 3
158	158	humane society, or any other person willing to provide care for the animal. 4
159	159	(i) If a court finds in favor of a tenant based on a violation of this 5
160	160	section, the tenant is entitled to: 6
161	161	(1) Actual damages; 7
162	162	(2) Reasonable attorney's fees and costs; 8
163	163	(3) Injunctive relief to recover possession of the leased 9
164	164	premises or personal property; or 10
165	165	(4) Any other remedy the court may find reasonable. 11
166	166	12
167	167	SECTION 4. Arkansas Code § 18 -16-507, concerning the writ of 13
168	168	possession for ejectment from a real property, is amended to add an 14
169	169	additional subsection to read as follows: 15
170	170	(h) A writ of possession under this section shall be executed in 16
171	171	compliance with § 18 -16-114. 17
172	172	18
173	173	SECTION 5. Arkansas Code § 18 -60-208 is amended to read as follows: 19
174	174	18-60-208. Writ of possession. 20
175	175	(a)(1) When the judgment for the plaintiff is both for the recovery of 21
176	176	the possession of the premises and for the damages, the plaintiff may have a 22
177	177	writ of possession. 23
178	178	(2) The writ shall command the officer to whom it may be 24
179	179	directed to deliver to the plaintiff possession of the premises and also 25
180	180	command him or her to levy and collect the damages and costs, as in 26
181	181	executions on judgments in personal actions. 27
182	182	(b) A writ of possession under this section shall be executed in 28
183	183	compliance with § 18 -16-114. 29
184	184	30
185	185	SECTION 6. Arkansas Code § 18 -30-310, concerning the execution of a 31
186	186	writ of possession relating to a forcible entry and detainer and an unlawful 32
187	187	detainer, is amended to add an additional subsection to read as follows: 33
188	188	(g) A writ of possession under this section shall be executed in 34
189	189	compliance with § 18 -16-114. 35
190	190	36