reglab/housing_qa huggingface dataset:
AR Code § 18-60-301 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 3 - Forcible Entry and Detainer — Unlawful Detainer|§ 18-60-301. Legislative intent

 (a) Acts 1875, No. 85 [repealed], as amended by Acts 1875 (Adj. Sess.) No. 56; Acts 1891, No. 8 [repealed] and Acts 1947, No. 373 [repealed], which declare and describe the cause of action for forcible entry and detainer and unlawful detainer and prescribe the procedure for carrying out the rights and remedies granted to affected parties thereunder, is in need of clarification and revision in order that persons affected thereby may be afforded reasonable opportunity to be heard on legitimate objections to writs of possession entered in accordance with the provisions of this law.  (b) It is, therefore, found to be to the best interest of the people of this state that an additional procedure be specifically prescribed for the enforcement of the rights of parties claiming a cause of action by reason of forcible entry and detainer or unlawful detainer of real property and those persons against whom such causes of action are brought.
AR Code § 18-60-302 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 3 - Forcible Entry and Detainer — Unlawful Detainer|§ 18-60-302. Improper entry prohibited

 No person shall enter into or upon any lands, tenements, or other possessions and detain or hold them except when an entry is given by law, and then only in a peaceable manner.
AR Code § 18-60-303 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 3 - Forcible Entry and Detainer — Unlawful Detainer|§ 18-60-303. Actions constituting forcible entry and detainer

 A person shall be guilty of a forcible entry and detainer within the meaning of this subchapter if the person shall:   (1) Enter into or upon any lands, tenements, or other possessions and detain or hold them without right or claim to title;  (2) Enter by breaking open the doors and windows or other parts of the house, whether any person is in it or not;  (3) Threaten to kill, maim, or beat the party in possession or use words and actions as have a natural tendency to excite fear or apprehension of danger;  (4) Put out of doors or carry away the goods of the party in possession; or  (5) Enter peaceably and then turning out by force or frightening by threats or other circumstances of terror the party to yield possession.
AR Code § 18-60-304 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 3 - Forcible Entry and Detainer — Unlawful Detainer|§ 18-60-304. Actions constituting unlawful detainer

 A person shall be guilty of an unlawful detainer within the meaning of this subchapter if the person shall, willfully and without right:   (1) Hold over any land, tenement, or possession after the determination of the time for which it was demised or let to him or her, or the person under whom he or she claims;  (2) Peaceably and lawfully obtain possession of any land, tenement, or possession and hold it willfully and unlawfully after demand made in writing for the delivery or surrender of possession of the land, tenement, or possession by the person having the right to possession or his or her agent or attorney;  (3) Fail or refuse to pay the rent for the land, tenement, or possession when due, and after three (3) days' notice to quit and demand made in writing for the possession of the land, tenement, or possession by the person entitled to the land, tenement, or possession or his or her agent or attorney, shall refuse to quit possession;  (4) Fail to maintain the premises in a safe, healthy, or habitable condition; or  (5) Cause or permit the premises to become:  (A) A common nuisance subject to abatement under:  (i) Section 14-54-1501 et seq.;  (ii) The Arkansas Drug Abatement Act of 1989, § 16-105-401 et seq.; or  (iii) Any other law of this state; or    (B) A public or common nuisance under § 14-54-1701 et seq. as determined by a criminal nuisance abatement board.
AR Code § 18-60-305 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 3 - Forcible Entry and Detainer — Unlawful Detainer|§ 18-60-305. Applicability to all estates

 Sections 18-60-303 and 18-60-304 shall extend to and comprehend all estates, whether freehold or less than freehold.
AR Code § 18-60-306 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 3 - Forcible Entry and Detainer — Unlawful Detainer|§ 18-60-306. Jurisdiction — Definition

 (a) Forcible entries and detainers and unlawful detainers are cognizable before the:  (1) Circuit court of any county in which the offenses may be committed; and  (2) District court with jurisdiction concurrent with the jurisdiction of the circuit court, if permitted by rule or order of the Supreme Court.    (b) As used in this subchapter, “court” means:  (1) A circuit court; and  (2) If permitted by rule or order of the Supreme Court, a district court.
AR Code § 18-60-308 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 3 - Forcible Entry and Detainer — Unlawful Detainer|§ 18-60-308. Title to premises not adjudicated

 In trials under the provisions of this subchapter, the title to the premises in question shall not be adjudicated upon or given in evidence, except to show the right to the possession and the extent thereof.
AR Code § 18-60-309 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 3 - Forcible Entry and Detainer — Unlawful Detainer|§ 18-60-309. Judgment for plaintiff — Assessment of damages — Writs of possession and restitution

 (a) If upon the trial of any action brought under this subchapter the finding or verdict is for the plaintiff, the court or jury trying it shall assess the amount to be recovered by the plaintiff for the rent due and agreed upon at the time of the commencement of the action and up to the time of rendering judgment or, in the absence of an agreement, the fair rental value.  (b) In addition thereto in all cases the court shall assess the following as liquidated damages:  (1) When the property sought to be recovered is used for residential purposes only, the plaintiff shall receive an amount equal to the rental value for each month, or portion thereof, that the defendant has forcibly entered and detained or unlawfully detained the property; and  (2) When the property sought to be recovered is used for commercial or mixed residential and commercial purposes, the plaintiff shall receive liquidated damages at the rate of three (3) times the rental value per month for the time that the defendant has unlawfully detained the property.    (c)  (1) Thereupon the court shall render judgment in favor of the plaintiff for the recovery of the property and for any amount of recovery that may be so assessed with costs.  (2) If possession of the premises has not already been delivered to the plaintiff, the court shall cause a writ of possession to be issued commanding the sheriff to remove the defendant from possession of the premises and to place the plaintiff in possession thereof.    (d)  (1) In case the finding or verdict is for the defendant, the court shall give judgment thereon with costs and for any damages that may be assessed in favor of the defendant.  (2) If the property described in the complaint has been turned over to the possession of the plaintiff, the court shall also issue a writ of restitution directed to the sheriff to cause the defendant to be repossessed of the property.    (e) Any monetary judgments awarded either to the plaintiff or the defendant may be recovered upon in any manner otherwise authorized by law.  (f) Upon final disposition of the action, the court shall distribute any money paid by the defendant under § 18-60-307(c) into the registry of the court first toward satisfaction of the plaintiff's judgment, if any, and the remainder to the defendant.
AR Code § 18-60-311 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 3 - Forcible Entry and Detainer — Unlawful Detainer|§ 18-60-311. Judgment for defendant

 (a) In all cases of forcible entry and detainer and unlawful detainer, when the defendant disputes the plaintiff's right of possession, it shall be lawful for the defendant to introduce before the court or the jury trying the main issue in the action evidence showing the damage he or she may have sustained in being dispossessed of the lands and premises mentioned in the complaint.  (b) The jury, if they find for the defendant, shall at the same time find what damage the defendant has sustained by being dispossessed, if he or she has been so dispossessed, under the provisions of this subchapter, for all of which the court shall render judgment restoring the property to the defendant, as provided for in this subchapter, and shall render judgment against the plaintiff and any surety on any bond posted by the plaintiff for damages as found by the jury, as well as the costs of the suit.
AR Code § 18-60-312 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 3 - Forcible Entry and Detainer — Unlawful Detainer|§ 18-60-312. Other causes of action not precluded

 (a) Neither the judgment to be rendered by the court in matters brought pursuant to the provisions of this subchapter nor anything in this subchapter shall bar or preclude the party injured from bringing any cause of action for trespass or ejectment, or any other action, against the offending party.  (b) All claims, causes of action, and actions which have accrued, occurred, or been filed prior to March 23, 1981, and arising under acts repealed shall be, and remain, in full force and effect, but shall be governed by the terms of this subchapter.
AR Code § 18-60-401 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-401. Petition — Determination of heirs property — Applicability

 (a) Under this subchapter, any persons having any interest in and desiring a division of land held in joint tenancy, in common, as assigned or unassigned dower, as assigned or unassigned curtesy, or in coparceny, absolutely or subject to the life estate of another, or otherwise, or under an estate by the entirety when the owners have been divorced, except when the property involved is a homestead and occupied by either of the divorced persons, shall file in the circuit court a written petition.  (b)  (1) The petition shall contain:  (A) The description of the property;  (B) The names of each party having an interest in the property and the nature and amount of the interest; and  (C) A prayer for:  (i) The division and for a sale of the property if it appears that partition cannot be made without great prejudice to the owners; and  (ii) Any other appropriate relief.      (2) All persons interested in the property who have not united in the petition shall be summoned to appear.    (c)  (1) The court shall determine whether or not the property is heirs property as defined in § 18-60-1002.  (2) If the court determines after notice and hearing or otherwise that the property is heirs property, the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., shall, unless all of the cotenants otherwise agree in a record as defined by § 18-60-1002:  (A) Apply to the partition of the property; and  (B) To the extent of any conflict between this subchapter and the Uniform Partition of Heirs Property Act, § 18-60-1001 et seq., govern the procedures and rights of the parties concerning the heirs property.
AR Code § 18-60-403 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-403. Parties generally

 (a) Every person having an interest as is specified in § 18-60-401, whether in possession or otherwise, and every person entitled to dower or curtesy in the premises, if it has not been admeasured, shall be made a party to the petition.  (b) In cases in which one (1) or more of the parties, or the share or quantity of interest of any of the parties, is unknown to the petitioner, or uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be contingent so that the parties cannot be named, it shall be so stated in the petition.
AR Code § 18-60-405 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-405. Guardians for infants or individuals with mental illness

 (a) The statutory guardian of an infant or of an individual with mental illness may file or unite in the petition in the names of, and in conjunction with, the infant or person of unsound mind.  (b)  (1) If the petition is filed against infants or individuals with mental illness, the guardian may appear and defend for them and protect their interests.  (2) If the guardian does not, the court shall appoint some discreet person for that purpose.
AR Code § 18-60-406 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-406. Court-appointed guardians for minors

 (a) It shall be lawful for the circuit court of the proper county, for any of the purposes intended by § 18-60-401, and before or after any proceedings by virtue thereof, to appoint a guardian for any minor, whether the minor resides in or out of this state. The guardian, for all the purposes of this act, shall have the same powers as any general guardian.  (b) It shall be the duty of any court appointing any guardian for any minor entitled to any moneys arising from the sale in §§ 18-60-420 — 18-60-423 to require of the guardian a bond to the state, with such security as the court shall deem sufficient, conditioned for the faithful discharge of the duty or trust committed to him or her and that he or she will render a just and true account of his or her guardianship in all courts and places when required.
AR Code § 18-60-407 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-407. Constructive service

 Parties interested may be constructively summoned as provided by Rule 4 of the Arkansas Rules of Civil Procedure.
AR Code § 18-60-408 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-408. Intervention

 Any person having an interest in the premises sought to be divided or sold, whether the interest is present or future, vested or contingent, though not made a party in the petition may appear and, on showing his or her interest by affidavit to the satisfaction of the court, be made a party to the suit for partition.
AR Code § 18-60-409 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-409. Court order for division

 Upon a petition by all interested in the property being filed, or upon a summons being served upon all who have an interest in the property, and who have not united in the petition ten (10) days before commencement of the term, the court may make an order for the division according to the rights of the parties, by commissioners appointed according to law.
AR Code § 18-60-410 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-410. Answer

 If any person summoned, as provided in §§ 18-60-401, 18-60-405, and 18-60-409, desires to contest the rights of the petitioners or the statements in the petition, he or she shall do so by a written answer, and the questions of law and fact thereupon arising shall be tried and determined by the court.
AR Code § 18-60-411 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-411. Entry of default

 If any of the parties duly notified by personal service or publication shall not appear and plead within the time allowed by the court for that purpose, the default shall be entered. The petitioners shall, nevertheless, make out their case by the exhibition to the court of the evidence of their title upon which they claim.
AR Code § 18-60-412 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-412. Judgment

 (a) The court shall ascertain, from the evidence in case of default or from the confession by answer of the parties, if they appear, and shall declare the rights, titles, and interests of all the parties to the proceedings, petitioners as well as defendants, so far as they shall have appeared.  (b) The court shall determine the rights of the parties in the lands and tenements and give judgment that partition be made between such of them as shall have any right therein, in accordance with the right thus ascertained.
AR Code § 18-60-413 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-413. No partition contrary to terms of will

 No partition or sale of land, tenements, or hereditaments devised by any last will and testament shall be made, under the provisions of this act, contrary to the intention of any testator as expressed in his or her last will and testament.
AR Code § 18-60-414 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-414. Appointment of commissioners

 (a)  (1) Whenever any judgment of partition shall be rendered, the court may, by rule or order, appoint not fewer than three (3) nor more than five (5) commissioners who are residents of the county in which the premises to be divided is situated to make the partition so adjudged, according to the respective rights and interests of the parties, as they were ascertained and determined by the court.  (2) On such rule or order, the court shall designate the part or shares which shall remain undivided, if any, for the owners whose interest shall be unknown and not ascertained.    (b) In case of death, resignation, neglect, or refusal to act of any of the commissioners to be appointed as aforesaid, before the duties, trust, and services required of them shall be completed, the court, or judge thereof in vacation, may appoint another commissioner, who shall be vested with the like powers and authority as if he or she had been originally appointed.
AR Code § 18-60-415 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-415. Duties of commissioners

 (a)  (1) The commissioners shall immediately proceed to make partition, according to the judgment of the court, unless it shall appear to them, or a majority of them, that partition of the premises cannot be made without great prejudice to the owners.  (2) In such a case they shall make report of this fact in court, under their hands, accompanied by an affidavit of the truth of the fact stated in the report so returned.    (b)  (1) In making partition, the commissioners shall divide the lands and tenements, and allot the several portions and shares thereof to the respective parties, quality and quantity relatively being considered by them according to the respective rights and interests of the parties, so adjudged by the court, designating the several shares and portions by metes and bounds.  (2) The commissioners may, when necessary, employ a surveyor and assistants to assist them.    (c)  (1) The commissioners shall make a full and detailed report of their proceedings, in writing, signed by them, or a majority of them, specifying therein the manner of executing the trust.  (2)  (A) The report shall describe the lands divided and the shares allotted to each party, with the quantity of each share, the boundaries, courses, and distances, together with any other facts necessary for a complete elucidation of the division.  (B) This report shall be accompanied by the affidavits of the commissioners as may sign the report, verifying the facts set forth therein.
AR Code § 18-60-416 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-416. Court action on commissioners' report

 (a) Upon a report of the divisions by the commissioners appointed for that purpose being returned, the court may confirm or set aside the report or remand it to the commissioners for correction.  (b) Upon good cause shown by either party, on the report being made and returned to the circuit court, it may be set aside by the court, who may appoint new commissioners, who shall proceed in like manner as directed in § 18-60-415. The court shall not set aside a second report for the same cause for which the first report was set aside.  (c)  (1) If no cause is shown, the report shall be confirmed, and judgment shall thereupon be given that the partition be firm and effectual forever.  (2) The judgment shall be binding and conclusive on all the parties to the proceedings, their representatives, and all other persons claiming under them by right derived after the commencement of the proceedings.
AR Code § 18-60-417 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-417. Deeds of partition

 On the confirmation of the report of the division of lands, the commissioners, or some commissioner appointed for the purpose, shall make a deed or deeds of partition, conveying to each party the land allotted to him or her in severalty, which shall be approved by the court and recorded as other deeds.
AR Code § 18-60-418 (2020)
2020 Arkansas Code|Title 18 - Property|Subtitle 5 - Civil Actions|Chapter 60 - Miscellaneous Proceedings Relating to Property|Subchapter 4 - Partition and Sale of Land|§ 18-60-418. Costs

 The costs of the division shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest of fact or law shall be paid by the party adjudged to be in the wrong.