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What can be done to evict a relative from your property

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Location: Arkansas  |  Law type: Family law attorneys
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The person involved asked to stay with his handicap aunt for a couple days. After about a week she asked him to leave. He refused and told her she couldn't make him leave. The police was called and she got an eviction notice for him to leave. He still refused to leave. She had to call the police again. The police said that they couldn't do anything that she would have to get a court order to remove him. Looking for advice on how to proceed and what type of lawyer needed 

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The response provided below is specific to Family law attorneys in the jurisdiction of Arkansas. If the response is inadequate, please submit a detailed inquiry.

Evicting a Relative from Property in Arkansas: Legal Steps and Considerations

Your situation involves a relative overstaying their welcome in a property owned by a handicapped aunt in Arkansas. The challenge lies in the legal intricacies associated with eviction, particularly when the unwelcome individual refuses to leave voluntarily. Let's explore the necessary steps and resources.

Relevant Arkansas Laws and Resources:

Possible Solutions:

  1. Official Notice: Begin by providing an official eviction notice, typically termed a "Notice to Quit." This notice should specify the reason for eviction and a date by which they must vacate the premises.

  2. Legal Proceedings: If the relative fails to vacate by the mentioned date, you can initiate a lawsuit, often referred to as an "unlawful detainer" action, in your local circuit court. It's crucial to ensure all paperwork is completed accurately to avoid potential legal issues.

  3. Attorney Assistance: Given the complexities of such cases, it is advisable to find the right lawyer specializing in tenant evictions or family lawyers in Arkansas. They can guide you through the process and represent your interests in court.

Average Costs for Legal Proceedings in Arkansas:

Legal Service Average Cost (USD)
Initial Consultation with a family lawyer $100 - $300
Drafting and serving eviction notice $150 - $500
Unlawful Detainer action $1,000 - $3,500
Representation in court (per court appearance) $500 - $2,500
Additional court fees and charges $100 - $700

Note: These prices vary based on attorney experience, case complexity, and other factors. It's always a good idea to consult and compare lawyers in your area to get a precise estimate.

Clarifications and Next Steps:

Before we proceed further, it would be beneficial to clarify some details regarding the situation. By addressing these specifics, you can better understand the scope of your issue and its potential solutions.

Relevant Questions to Consider:

  • Was there any written or verbal agreement about the duration of the stay?
  • Is there any documented evidence (messages, emails, etc.) of your aunt asking the relative to leave?
  • Have there been any prior instances where this relative was asked to leave the property?

Q1: Can the police forcibly remove a relative without a court order?

In Arkansas, law enforcement typically requires a court order before they can forcibly remove someone from a private residence, especially if that individual can demonstrate they've been living there for an extended period.

Q2: How long does the eviction process take in Arkansas?

The exact duration can vary, but once the eviction lawsuit is filed, it usually takes several weeks to a few months, depending on the court's schedule and the specific circumstances of the case.

Q3: What rights do landlords have in such scenarios in Arkansas?

Under the Arkansas Residential Landlord-Tenant Act, landlords have the right to evict tenants for various reasons, including non-payment of rent and overstaying. However, the eviction process must be followed accurately to protect both parties' rights.

Q4: Are there any legal protections for tenants in such eviction cases?

Yes, tenants have certain rights, such as the right to receive notice before eviction and the right to a court hearing. If landlords don't follow the proper eviction procedures, they might face legal repercussions.

Q5: What can happen if a landlord tries to forcibly evict a tenant without following the legal process?

Taking matters into one's own hands, like changing locks or shutting off utilities, can lead to legal trouble. It's essential to follow the legal eviction process to avoid potential liabilities.

Now that we've addressed these preliminary concerns, feel free to ask a free legal question to gain more insights tailored to your specific situation.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "What can be done to evict a relative from your property " has been changed 1 year 4 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Arkansas & area of law: Family law attorneys.
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Family law attorneys

A Family attorney in the United States is a lawyer who assists clients with civil legal matters, such as "child custody", "alimony", "domestic violence" or "divorce" cases. The "family law" candidate should have at least 2 years of family law experience. These experiences may include divorce proceedings as well as child custody and counseling. Browse our database of family lawyers and get a free family law consultation.

  • Marriage, civil unions, and domestic partnerships (domestic violence)
  • Adoption and surrogacy
  • Child abuse and child abduction (child custody, child care)
  • The termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards
  • Juvenile adjudication
  • paternity testing and paternity fraud
  • more about family law at wikipedia

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