The Arkansas Supreme Court Issued Per Curium Order to Address Eviction Filings
The Arkansas Supreme Court issued an additional per curium order this week to address eviction filings. The order requires all eviction complaints between now and July 25, 2020 to affirmatively plead that the property that is the subject of the eviction dispute is not a covered dwelling under the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The Court noted that this was a temporary pleading requirement, merely to reflect the CARES Act's moratorium prohibiting the lesser of a covered dwelling from filing a legal action to recover possession of property for nonpayment.
Two justices dissented from the majority opinion, citing separation of powers concerns, and the concern of showing favoritism to tenants over landlords.
As mentioned in previous posts, the rules and guidance we receive from the courts will change from day to day. If the COVID-19 pandemic has had an effect on your Arkansas business, or your individual way of life, and you need legal guidance, our attorneys are glad to meet and discuss the matter with you.
C. Michael Daily is an attorney with the long-established law firm of Daily & Woods, P.L.L.C., and is licensed to practice in all cities in Arkansas including Little Rock, Fort Smith, Fayetteville, Springdale, Bentonville, Lowell, Rogers, and Bella Vista. You can follow C. Michael Daily via social network using any of the social network links in the right hand column of the page. You can also contact Mr. Daily by telephone at 479-242-3953, or by e-mail at firstname.lastname@example.org.
Disclaimer: This blog is for informational purposes, is certainly not to be considered legal advice and is absolutely not a substitute for any of the benefits that are associated with the attorney-client relationship. Your situation is unique--if you need an attorney, contact C. Michael Daily for assistance.
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