Real Estate Law
With a general real estate law practice, I represent various builders and contractors, real estate investors, real estate brokerage firms, agents and property managers and owners throughout the real estate life cycle including financing, acquisition, planning, zoning, construction, development, management, and disposition of real estate.
From helping clients identify the best corporate structure for their investment for liability, business operation, and tax reasons, to obtaining new zoning, to drafting leases for landlords, to representing landlords or property management companies, to handling evictions, to representing Property Owners Associations, my practice is substantially dedicated to real estate law.
Landlord Tenant Law
Leases
As a landlord for nearly a decade and as an attorney, I can tell you what is in
your lease is crucial. Late fees, when to return the security deposit, acceptable reasons for withholding the security deposit, whether you can charge a pet deposit, the definition of abandonment–the language you use in your lease
can have dire consequences. Is your lease up to date with current law? If you
are a real estate agent, are your leases AREC Rule 10 compliant?
Our office drafts leases regularly.
Call us if you need help.
Evictions
In Arkansas, there are three methods that you can legally take to evict a
tenant. Each method is separate and distinct with different forms and timelines.
Arkansas is the only state in the United States with a criminal charge for remaining in a property and failing to pay the rent. Arkansas also has two civil
methods for regaining possession of the property and evicting tenants. Which
method would be the most effective for you depends on a number of
considerations.
Our office deals with evictions regularly.
Call us if you need help.
Fair Housing
The Arkansas Fair Housing Commission is charged with receiving, investigating,
conciliating, or resolving complaints alleging violations of the Arkansas Fair
Housing Act which prohibits discrimination on the basis of race, color, national
origin, religion, sex, familial status. And the Arkansas Fair Housing Commission
has the authority to fine landlords for violations, and those violations can be
thousands of dollars. See AFHC v. Crouch, Inquiry Number 220260, 2007 (AFHC
fined the property manager and landlord $11,000 for discrimination).
What do you do when you receive notice of a complaint and data request letter or
subpeona?
Our office interacts with the Arkansas Fair Housing Commission regularly.
Ideally, you may want to have us examine your legal documents and discuss your
rental application procedure to prevent your receiving a notice of investigation
or subpeona.
Property Owners Associations
Are you tired of the deadbeat free riders who take advantage of the community
and fail to pay their dues? Are you ready to have an outside manager take care
of the receipt, record keeping and collection of dues? What can you do when
someone continually violates the POA rules and regulations? Our office can
assist your Property Owners Association with enforcement of the property owners
association rules, regulations and dues.
Asset Protection
Are you adequately protecting your real estate investments? Have you formed a
proper business entity for your real estate activities? What happens if the
contractor or service repairman you hired makes a mistake and your tenant
suffers a serious injury because of it? Is there a business tax advantage your
not enjoying?
Our office works with clients regularly to evaluate what type and amount of
insurance coverage is appropriate and how to structure your real estate
investments to limit your liability. If you need a limited liability company or
LLC formed, our office can file the paperwork with the Secretary of State, serve
as your registered agent and have you ready to conduct business in Arkansas
within a couple of days.