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18-17-707. Bond on appeal and order staying execution.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-17-707. Bond on appeal and order staying execution.
(a) Upon appeal to the circuit court, the case shall be heard in a manner consistent with the rules of the circuit court as soon as is feasible after the appeal is docketed.
(b)(1) It is sufficient to stay execution of a judgment for possession that the tenant sign a bond that he or she will pay to the landlord the amount of rent, determined by the court in accordance with §§ 18-17-705 and 18-17-706, as it becomes due periodically after the judgment was entered.
(2) Any circuit judge shall order a stay of execution upon the bond.
(c) The bond by the tenant and the order staying execution may be substantially in the following form:
“State of Arkansas County of Landlord vs. Tenant Bond to Stay Execution on Appeal to Circuit Court Now comes the tenant in the above entitled action and respectfully shows the court that a writ of possession was issued against the tenant and for the landlord on the day of , 20 , by the district court. Tenant has appealed the judgment. Pursuant to the findings of the district court, the tenant is obligated to pay rent in the amount of $ per , due on the day of each . Tenant bonds to pay the periodic rent hereinafter due according to the findings of the court and moves the circuit court to stay execution on the writ of possession until this matter is heard on appeal and decided by the circuit court. This the day of , 20 Tenant Upon execution of the bond, execution on the judgment of eviction is stayed until the action is heard on appeal and decided by the circuit court. If tenant fails to make any rental payment within five (5) days of the due date, upon application of the landlord, the stay of execution shall dissolve, the appeal by the tenant to the circuit court on
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-17-707
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:18-17-707
Source file: gov.ar.code.title.18.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0d3b33f786781138c6b9594cbcbb6c4bdc83290366ef5f8c8814e6622d37892c
Source location: content.xml paragraph 6097
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18-17-707. Bond on appeal and order staying execution.
(a) Upon appeal to the circuit court, the case shall be heard in a manner consistent with the rules of the circuit court as soon as is feasible after the appeal is docketed.
(b)(1) It is sufficient to stay execution of a judgment for possession that the tenant sign a bond that he or she will pay to the landlord the amount of rent, determined by the court in accordance with §§ 18-17-705 and 18-17-706, as it becomes due periodically after the judgment was entered.
(2) Any circuit judge shall order a stay of execution upon the bond.
(c) The bond by the tenant and the order staying execution may be substantially in the following form:
“State of Arkansas County of Landlord vs. Tenant Bond to Stay Execution on Appeal to Circuit Court Now comes the tenant in the above entitled action and respectfully shows the court that a writ of possession was issued against the tenant and for the landlord on the day of , 20 , by the district court. Tenant has appealed the judgment. Pursuant to the findings of the district court, the tenant is obligated to pay rent in the amount of $ per , due on the day of each . Tenant bonds to pay the periodic rent hereinafter due according to the findings of the court and moves the circuit court to stay execution on the writ of possession until this matter is heard on appeal and decided by the circuit court. This the day of , 20 Tenant Upon execution of the bond, execution on the judgment of eviction is stayed until the action is heard on appeal and decided by the circuit court. If tenant fails to make any rental payment within five (5) days of the due date, upon application of the landlord, the stay of execution shall dissolve, the appeal by the tenant to the circuit court on issues dealing with possession shall be dismissed and the sheriff shall dispossess the tenant. This the day of , 20 Judge”
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(d) If the tenant fails to make a payment within five (5) days of the due date according to the bond and order staying execution, the clerk, upon application of the landlord, shall issue a writ of possession to be executed pursuant to § 18-17-904.
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Arkansas Code — all titles (historical 2020) · legal_authorities
18-17-705. Landlord remedies for refusal of access to rental property.
(a) If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief in district court without posting bond to compel access or terminate the rental agreement.
(b) In either case the landlord may recover actual damages and reasonable attorney's fees.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-17-705
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-17-705. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-17-706. Payment of rent into court.
In any action in which the landlord sues for possession and the tenant raises defenses or counterclaims under this chapter or the rental agreement:
(1)(A)(i) The tenant shall pay the landlord all rent that becomes due after the issuance of a written order requiring the tenant to vacate or show cause as rent becomes due.
(ii) The landlord shall provide the tenant with a written receipt for each payment except when the tenant pays by check.
(B) Rent shall not be abated for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her permission or who is allowed access to the premises by the tenant;
(2) The tenant shall pay the landlord all rent allegedly owed before the issuance of the order, provided that in lieu of the payment the tenant may be allowed to submit to the court a receipt or cancelled check, or both, indicating that payment has been made to the landlord;
(3)(A) Should the tenant not appear and show cause within ten (10) days, the court shall issue a writ of possession under this subchapter.
(B)(i) Should the tenant appear in response to the order and allege that rent due under subdivision (1) or (2) of this section has been paid, the court shall determine the issue.
(ii) If the tenant has failed to comply with subdivision (1) or (2) of this section, the court shall issue a writ of possession and the landlord shall be placed in full possession of the premises by the sheriff; and
(4)(A) If the amount of rent due is found at final adjudication to be less than alleged by the landlord, judgment shall be entered for the amount found due to the landlord.
(B) If the court finds at final adjudication that no ren
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-17-706
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-17-706. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
18-17-904. Tenant ejected on failure to show cause.
If the tenant fails to appear and show cause within the ten-calendar-day period provided in § 18-17-902(b) as directed by the order or at the court appointed hearing date, the court shall enter judgment in favor of the plaintiff and direct the clerk to issue a writ of possession, and the tenant shall be evicted by the sheriff of the county.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 18-17-904
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 18-17-904. This identifies an authority to review, not proof of applicability.