Small claims court

[Frannie5252]

I am a landlord and am wondering how I go about taking a tenant to small claims court to collect deliquent rent. He is late by 4 1/2 months. I know I should have done something before now, but I am too soft to be a landlord.
I live in Arkansas.
I have a rental agreement and have given him several pay or quit notices, but never did act on them, so he is just using me.
He had a backed up sewer so he dug it up outside and it was everywhere so he calls the health department to report me and I am the one who got into trouble. The lease says that he has to repair his own damages to the property unless it is normal wear and tear. The damage was done from flushing paper towels and sanitary products down the commode.
Do I have a case against him to pay the back rent.
Oh yes, he is still in the house.
Thanks, Fran

 

[Michael Wechsler]

I am a landlord and am wondering how I go about taking a tenant to small claims court to collect deliquent rent. He is late by 4 1/2 months. I know I should have done something before now, but I am too soft to be a landlord.
I live in Arkansas.
I have a rental agreement and have given him several pay or quit notices, but never did act on them, so he is just using me.
He had a backed up sewer so he dug it up outside and it was everywhere so he calls the health department to report me and I am the one who got into trouble. The lease says that he has to repair his own damages to the property unless it is normal wear and tear. The damage was done from flushing paper towels and sanitary products down the commode.
Do I have a case against him to pay the back rent.
Oh yes, he is still in the house.
Thanks, Fran

You shouldn't go to small claims court but to landlord-tenant court. You will want to evict him and then receive back rent, damages and enforcement costs. A small claims court only has the power to grant money damages for certain types of issues and you need more than that here.