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Arkansas Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates

State:
Arkansas
Control #:
AR-1047LT
Format:
Word; 
Rich Text
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Description

This is a notice from landlord to tenant to advise tenant of the breaches of tenant's obligation to limit and control the conduct of tenant, tenant's family members and guests. This notice states that tenant is disturbing the quiet and peaceful enjoyment of neighbor's premises.


Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. "Quiet" is not restricted to an absence of noise; it has been interpreted as "uninterrupted". A tenant's remedies for breach of his/her quiet enjoyment are damages and injunction.


Quiet enjoyment is a common law concept, which case law has given its definition. Even without rising to the level of a constructive eviction and requiring the tenant to vacate the premises, such interferences may deprive the tenant of expectations under the lease and reduce the value of the lease, requiring an award of compensatory damages.

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FAQ

Unconditional quit notices are used to order the tenant to leave the premises without the chance to remedy the situation. This is used for a serious breach of the lease agreement or chronic late rent payment.

Injury at Rental Property: You could have a case for a lawsuit against your landlord if you are injured at the rental property due to a landlord's neglect. Filing an Illegal Eviction: You can countersue your landlord if you feel your landlord is trying to evict you illegally.

If you think your landlord is violating the Fair Housing Act, you can get that landlord in trouble by filing a complaint at HUD.gov. Your remedy for breach of quiet enjoyment is to terminate the lease and move or sue in small claims court.

Your landlord discriminates against you. Your landlord takes your security deposit illegally. Your rental unit is inhabitable. The property owner interferes with your right to quiet enjoyment. Your landlord fails to make the necessary repairs.

Notice to Vacate The amount of time the tenant has to move out or fix a certain problem before an eviction suit is filed. This must be at least 3 days unless the lease specifically states otherwise.

Every tenant has a right to enjoy peaceful possession of the property without any disturbance or encumbrance from anyone including the owner. At no point of time under your tenancy can your landlord ask you to evict or leave the premises without assigning a valid reason.

Review Your Lease Before You Sign. Research Local Laws. Keep Records. Pay Your Rent. Maintain Respectful Communication. Seek an Agreeable Solution. Request Repairs in Writing. What Do You Think?

An eviction notice must state a reason why you are being evicted, otherwise it is invalid.For tenants who lived in the property for more than 12 months, the landlord must provide at least 60 days prior notice to vacate, under California Civil Code 1946.

Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. The law presumes seven days to be a reasonable time, but the landlord can rebut this presumption.

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Arkansas Letter from Landlord to Tenant as Notice to Tenant of Tenant's Disturbance of Neighbors' Peaceful Enjoyment to Remedy or Lease Terminates