Arkansas Tenant's Sworn Written Objection and Answer to Complaint in Unlawful Detainer

TENANT'S SWORN WRITTEN OBJECTION AND ANSWER TO COMPLAINT IN UNLAWFUL DETAINER — ARKANSAS

TABLE OF CONTENTS

1. Caption
2. Introductory Statement and Compliance with § 18-60-307
3. Sworn Written Objection to Possession
4. Answer — Admissions and Denials
5. Affirmative Defenses
6. Counterclaims
7. Demand for Jury Trial (Damages Only)
8. Prayer for Relief
9. Verification
10. Tenant's Rent Deposit / Bond Confirmation
11. Signature Block
12. Certificate of Service
13. Exhibits
14. Arkansas Practice Notes for Tenants
15. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, ARKANSAS

[CIVIL DIVISION] — [DIVISION NUMBER]

CASE NO. [________________________________]

TENANT'S SWORN WRITTEN OBJECTION TO COMPLAINT IN UNLAWFUL DETAINER, ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS

2. INTRODUCTORY STATEMENT AND COMPLIANCE WITH § 18-60-307

Defendant [TENANT NAME] ("Tenant"), by and through undersigned counsel [OR appearing pro se], files this Sworn Written Objection and Answer pursuant to Ark. Code Ann. § 18-60-307, WITHIN FIVE (5) DAYS (excluding Sundays and legal holidays) of service of Plaintiff's Complaint and Notice of Intention to Issue Writ of Possession.

Concurrently with the filing of this Sworn Objection, Tenant has ☐ deposited into the registry of this Court the sum of $[________] (representing all rent alleged unpaid in the Complaint, or the disputed portion thereof) ☐ posted a surety bond in the amount of $[________] in compliance with § 18-60-307. Tenant will continue to deposit each month's rent as it becomes due during the pendency of this action.

A receipt or certificate of deposit is attached as Exhibit A.

3. SWORN WRITTEN OBJECTION TO POSSESSION

Tenant objects to Plaintiff's claim for possession on the following grounds, sworn under penalty of perjury:

1. The Complaint fails to state a claim for unlawful detainer because the alleged statutory or contractual notice was defective in form, content, service, or timing as set forth in the Affirmative Defenses below.

2. Tenant is not in default of rent because [SPECIFY: e.g., rent was paid in full on [DATE]; the rent demanded includes unauthorized fees; Plaintiff accepted rent after expiration of notice].

3. Plaintiff lacks standing or proper title to the Premises because [SPECIFY, if applicable].

4. Other grounds as set forth in the Affirmative Defenses and Counterclaims below.

Tenant respectfully demands a hearing under Ark. Code Ann. § 18-60-308 prior to issuance of any writ of possession.

4. ANSWER — ADMISSIONS AND DENIALS

Tenant responds to the numbered paragraphs of Plaintiff's Complaint as follows:

1. Paragraph 1 (Plaintiff's identity). ☐ Admitted ☐ Denied ☐ Tenant lacks information sufficient to form a belief and therefore denies.

2. Paragraph 2 (Tenant's identity). ☐ Admitted ☐ Denied.

3. Paragraph 3 (Co-defendants). ☐ Admitted ☐ Denied.

4. Paragraph 4 (subject-matter jurisdiction). ☐ Admitted ☐ Denied.

5. Paragraph 5 (personal jurisdiction). ☐ Admitted ☐ Denied.

6. Paragraph 6 (venue). ☐ Admitted ☐ Denied.

7. Paragraph 7 (Lease formation). ☐ Admitted ☐ Denied. [Add specifics if Lease terms are mischaracterized.]

8. Paragraph 8 (rent amount and due date). ☐ Admitted ☐ Denied. [Add specifics, e.g., "Tenant denies that the lawful contractual rent is [$X]; the actual lawful rent is [$Y] because [REASON]."]

9. Paragraph 9 (date of possession). ☐ Admitted ☐ Denied.

10. Paragraph 10 (RLTA applicability). ☐ Admitted ☐ Denied.

11. Paragraph 11 (alleged ground for unlawful detainer). DENIED.

12. Paragraph 12 (specific facts). DENIED in whole or in part.

13. Paragraph 13 (notice service). ☐ Admitted ☐ Denied. [E.g., "Tenant denies that the notice was served as alleged; the notice was [improperly served / never received / contained insufficient information]."]

14. Paragraph 14 (manner of service). DENIED.

15. Paragraph 15 (notice expiration; failure to vacate). DENIED. [E.g., "Tenant cured the alleged breach within the cure period by [SPECIFIC ACT] on [DATE]."]

16. Paragraph 16 (continued possession). ☐ Admitted ☐ Denied.

17. Paragraph 17 (incorporation). Tenant incorporates the foregoing responses.

18. Paragraphs 18–28 (Counts I and II; damages). DENIED.

19. Any allegation in the Complaint not specifically admitted herein is hereby DENIED.

5. AFFIRMATIVE DEFENSES

Without admitting any of Plaintiff's allegations, Tenant asserts the following affirmative defenses:

FIRST AFFIRMATIVE DEFENSE — DEFECTIVE NOTICE.
The notice to quit / cure / terminate fails to comply with Ark. Code Ann. ☐ § 18-60-304(2) (3-day notice for nonpayment) ☐ § 18-17-701 (14-day RLTA cure notice) ☐ § 18-17-704 (30-day month-to-month / 7-day week-to-week termination notice) because [SPECIFY: e.g., the notice was not in writing; the notice was served fewer than the required days; the notice did not specify the breach with sufficient particularity; the notice demanded amounts not lawfully owed].

SECOND AFFIRMATIVE DEFENSE — PAYMENT / ACCORD AND SATISFACTION.
Tenant has paid all rent lawfully owed on or before the due date(s), and/or Plaintiff has accepted payment in full satisfaction of the alleged arrearage. [Attach payment records as Exhibit B.]

THIRD AFFIRMATIVE DEFENSE — WAIVER AND ESTOPPEL.
Plaintiff accepted rent or other consideration with knowledge of the alleged default after expiration of any notice, thereby waiving the alleged default and being estopped from prosecuting eviction.

FOURTH AFFIRMATIVE DEFENSE — RETALIATION (RLTA).
Plaintiff is taking action against Tenant in retaliation for Tenant's protected activity in violation of Ark. Code Ann. § 18-17-806, including: ☐ complaining to a governmental agency about housing/building-code violations on [DATE]; ☐ complaining to Plaintiff about a violation; ☐ joining or organizing a tenant association; ☐ testifying or threatening to testify against Plaintiff; ☐ exercising other RLTA rights.

FIFTH AFFIRMATIVE DEFENSE — DISCRIMINATION (FHA / ACRA / LOCAL ORDINANCE).
Plaintiff's eviction action is motivated by impermissible discrimination based on ☐ race ☐ color ☐ religion ☐ sex (including pregnancy and gender) ☐ familial status ☐ national origin ☐ disability ☐ source of income (where local ordinance applies) ☐ sexual orientation / gender identity (where local ordinance applies) in violation of:

• the federal Fair Housing Act (42 U.S.C. § 3601 et seq.);
• the Arkansas Civil Rights Act (Ark. Code Ann. § 16-123-103); and/or
• [CITY/COUNTY] local fair-housing ordinance.

SIXTH AFFIRMATIVE DEFENSE — SERVICEMEMBERS CIVIL RELIEF ACT.
Tenant ☐ is or was an active-duty service member during the relevant period. Pursuant to 50 U.S.C. § 3951, this action is subject to a stay of proceedings, and Plaintiff has failed to comply with SCRA notice and procedural requirements.

SEVENTH AFFIRMATIVE DEFENSE — VIOLENCE AGAINST WOMEN ACT.
Tenant is a survivor of domestic violence, sexual assault, dating violence, or stalking and is protected from eviction or denial of housing under 34 U.S.C. § 12491 (VAWA). Plaintiff's action is directly tied to the conduct of an abuser or to Tenant's status as a survivor, in violation of VAWA.

EIGHTH AFFIRMATIVE DEFENSE — HABITABILITY (§§ 18-17-501, 18-17-502).
For leases entered or renewed after November 1, 2021, where the landlord owns six (6) or more rental units, Plaintiff has materially failed to provide implied residential quality standards under Ark. Code Ann. § 18-17-502 (functional water, sewer, electricity, structural integrity, heat/AC, etc.), and Tenant has properly invoked § 18-17-501 by [SPECIFY: written notice on (DATE); termination on (DATE); offset of repairs paid on (DATE)].

NINTH AFFIRMATIVE DEFENSE — IMPROPER OR INSUFFICIENT BOND (PLAINTIFF).
Plaintiff has failed to file the bond required by Ark. Code Ann. § 18-60-306, or the bond is insufficient in amount or form.

TENTH AFFIRMATIVE DEFENSE — SECURITY DEPOSIT SETOFF.
Plaintiff is in violation of Ark. Code Ann. §§ 18-16-303 to 18-16-306 with respect to a prior tenancy at the Premises, entitling Tenant to setoff of double the wrongfully withheld portion plus reasonable attorney's fees against any rent claim.

ELEVENTH AFFIRMATIVE DEFENSE — SECTION 8 / HUD PROCEDURAL VIOLATION.
The tenancy is subsidized under Section 8, public housing, LIHTC, USDA Rural Development, or another federal program, and Plaintiff has failed to comply with the procedural requirements of:

• 24 C.F.R. Part 247 (HUD subsidized housing);
• 24 C.F.R. § 982.310 (Section 8 voucher);
• 24 C.F.R. § 966.4 (public housing);
• the HAP contract / lease addendum.

TWELFTH AFFIRMATIVE DEFENSE — BANKRUPTCY AUTOMATIC STAY.
Tenant filed a bankruptcy petition on [__/__/____] (Case No. [____________]), invoking the automatic stay under 11 U.S.C. § 362, which bars continuation of this action.

THIRTEENTH AFFIRMATIVE DEFENSE — IMPROPER PARTIES / STANDING.
Plaintiff is not the lawful landlord, owner, or person entitled to possession of the Premises and lacks standing to maintain this action.

FOURTEENTH AFFIRMATIVE DEFENSE — IMPROPER VENUE / FORUM.
Venue is improperly laid under Ark. Code Ann. § 18-60-303, or the case has been filed in the wrong division.

FIFTEENTH AFFIRMATIVE DEFENSE — FRAUD / UNCLEAN HANDS / MATERIAL MISREPRESENTATION.
Plaintiff procured Tenant's lease and/or this action by fraud, misrepresentation, or unclean hands.

RESERVATION OF DEFENSES. Tenant reserves the right to assert additional affirmative defenses as further information is developed through discovery and investigation.

6. COUNTERCLAIMS

Tenant asserts the following counterclaims against Plaintiff:

COUNTERCLAIM I — RETALIATION (Ark. Code Ann. § 18-17-806).

1. Tenant engaged in protected activity by [SPECIFY] on [__/__/____].
2. Plaintiff thereafter and within a presumptively retaliatory period took adverse action against Tenant by [SPECIFY: rent increase, service decrease, refusal to renew, eviction action, etc.].
3. Plaintiff's adverse action was substantially motivated by Tenant's protected activity.
4. Tenant has been damaged in an amount to be proven at hearing, including statutory and consequential damages, plus reasonable attorney's fees.

COUNTERCLAIM II — SECURITY-DEPOSIT VIOLATION (Ark. Code Ann. §§ 18-16-303 to 18-16-306).

5. Plaintiff (or the same legal entity) failed to return Tenant's prior security deposit of $[___] within 60 days of termination of a prior tenancy.
6. Pursuant to § 18-16-306, Tenant is entitled to recover twice the wrongfully withheld amount, plus reasonable attorney's fees.

COUNTERCLAIM III — FAIR HOUSING ACT (42 U.S.C. § 3601 et seq.) / ARKANSAS CIVIL RIGHTS ACT (§ 16-123-103).

7. Tenant is a member of a protected class.
8. Plaintiff's eviction action and/or related conduct was substantially motivated by Tenant's membership in the protected class.
9. Tenant has been damaged in the form of emotional distress, out-of-pocket relocation costs, and damage to housing record. Tenant seeks compensatory damages, punitive damages, injunctive relief, statutory civil penalties, and attorney's fees.

COUNTERCLAIM IV — BREACH OF IMPLIED RESIDENTIAL QUALITY STANDARDS (Ark. Code Ann. § 18-17-502).

10. Plaintiff owns six (6) or more rental units, and the lease was entered or renewed after November 1, 2021.
11. Plaintiff failed to provide minimum implied residential quality standards (functioning water, sewer, electricity, structural integrity, heat/AC, etc.).
12. Tenant gave written notice of the defects on [__/__/____] and Plaintiff failed to remedy within thirty (30) days.
13. Tenant is entitled to terminate the lease and recover damages.

COUNTERCLAIM V — BREACH OF COVENANT OF QUIET ENJOYMENT.

14. Plaintiff materially interfered with Tenant's quiet enjoyment of the Premises by [SPECIFY].
15. Tenant has been damaged in an amount to be proven.

COUNTERCLAIM VI — VIOLATION OF FEDERAL DEBT COLLECTION PRACTICES (15 U.S.C. § 1692 et seq.). (Where applicable.)

16. Plaintiff, or its agent, used unfair or deceptive collection practices in connection with the alleged debt.
17. Tenant is entitled to statutory damages, actual damages, and attorney's fees.

7. DEMAND FOR JURY TRIAL (DAMAGES ONLY)

Pursuant to Ark. R. Civ. P. 38, Tenant demands trial by jury on all issues so triable, including all counterclaims for damages.

8. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully requests that this Court enter judgment as follows:

A. Deny Plaintiff's request for a writ of possession and enter judgment for Tenant on the unlawful-detainer claim;

B. Award damages on Tenant's counterclaims, including:

1. Compensatory and consequential damages;
2. Statutory damages under § 18-16-306 (double wrongfully withheld deposit);
3. Statutory damages under § 18-17-806 (retaliation);
4. FHA / ACRA damages, including punitive damages;
5. Reasonable attorney's fees under § 16-22-308, § 16-123-105, 42 U.S.C. § 3613(c), and any other applicable fee-shifting provision;
6. Costs of suit;

C. Order the return to Tenant of all funds deposited in the court registry under § 18-60-307;

D. Issue injunctive relief prohibiting future retaliation, discrimination, or service curtailment; and

E. Grant such other and further relief as this Court deems just and equitable.

9. VERIFICATION

STATE OF ARKANSAS
COUNTY OF [____________]

I, [TENANT NAME], being first duly sworn upon oath, depose and say that I am the Defendant/Tenant in this action; that I have read the foregoing Sworn Written Objection, Answer, Affirmative Defenses, and Counterclaims; and that the factual matters stated herein are true and correct to the best of my knowledge, information, and belief.

Signature: ____________________________
Printed Name: [TENANT NAME]

Subscribed and sworn before me on [__/__/____].

Notary Public: ____________________________
My commission expires: [__/__/____]

10. TENANT'S RENT DEPOSIT / BOND CONFIRMATION

TO THE COURT AND CLERK:

Pursuant to Ark. Code Ann. § 18-60-307, Tenant has deposited into the registry of this Court the sum of $[________], which represents the rent allegedly unpaid as set forth in Plaintiff's Complaint OR the disputed portion thereof. Tenant will continue to deposit each month's rent as it becomes due during the pendency of this action.

A copy of the Clerk's Receipt of Deposit is attached as Exhibit A.

Tenant requests that, upon final judgment in Tenant's favor, all deposited funds be returned to Tenant.

11. SIGNATURE BLOCK

Respectfully submitted,

[ATTORNEY NAME], Ark. Bar No. [____________]
[FIRM NAME]
[FIRM ADDRESS]
[CITY, AR, ZIP]
Telephone: [____________]
Email: [____________]
Counsel for Defendant/Tenant

By: ____________________________

Date: [__/__/____]

OR (if pro se):

[TENANT NAME], Defendant pro se
[ADDRESS]
[CITY, AR, ZIP]
Telephone: [____________]
Email: [____________]

By: ____________________________

Date: [__/__/____]

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Sworn Written Objection and Answer to be served on Plaintiff's counsel of record:

[PLAINTIFF'S ATTORNEY NAME]
[FIRM]
[ADDRESS]

by ☐ U.S. first-class mail ☐ hand delivery ☐ email (where authorized) ☐ Arkansas Court Connect (eFlex).

____________________________
[FILER NAME]

13. EXHIBITS

• Exhibit A — Clerk's Receipt of Deposit / Bond
• Exhibit B — Rent Payment Records
• Exhibit C — Communications from Plaintiff (texts, emails, letters)
• Exhibit D — Photographs of Premises (habitability defects)
• Exhibit E — Code-Enforcement Reports / Inspection Records
• Exhibit F — Discrimination Evidence (advertisements, statements, comparators)
• Exhibit G — Domestic-Violence Documentation (VAWA, where applicable; FILE UNDER SEAL)
• Exhibit H — Military Service Records (SCRA, where applicable)
• Exhibit I — HAP Contract / Section 8 Documentation (where applicable)
• Exhibit J — Bankruptcy Petition / Stay (where applicable)

14. ARKANSAS PRACTICE NOTES FOR TENANTS

**A. The 5-day deadline is jurisdictional. ** Failure to BOTH (1) file a sworn written objection AND (2) deposit the alleged unpaid rent into the court registry within five (5) days (excluding Sundays and legal holidays) will result in the Clerk issuing a writ of possession without a hearing under § 18-60-307. Even if the rent demanded is wrong, deposit it in full to preserve the right to defend and seek refund later.

**B. If you cannot afford the deposit. ** The pre-defense bond requirement has been criticized as unconstitutional but remains operative. Contact Legal Aid of Arkansas (1-800-952-9243) immediately. Some courts have accepted partial deposits in exceptional circumstances; some accept surety bonds. Document any inability to pay.

**C. No implied warranty of habitability. ** Arkansas does not recognize the implied warranty of habitability at common law. Propst v. McNeill, 326 Ark. 623, 932 S.W.2d 766 (1996). You cannot generally withhold rent for habitability defects. Limited remedies under § 18-17-501 (notice + 30-day cure + lease termination) and § 18-17-502 (effective post–November 1, 2021, for landlords with 6+ units) require strict procedural compliance.

**D. Retaliation claims (RLTA only). ** Section 18-17-806 protects tenants from retaliation, but only for tenancies covered by the RLTA. Retaliation claims are difficult to prove without temporal proximity and a clear paper trail of protected activity.

**E. Section 8 / HUD program tenants. ** Federal program protections often supersede state procedure. Demand strict compliance with 24 C.F.R. Part 247 / § 982.310 / § 966.4 and the HAP contract.

**F. SCRA stay. ** If you are an active-duty service member, file an SCRA affidavit and request a stay under 50 U.S.C. § 3932 / § 3951.

**G. VAWA defense. ** Survivors of domestic violence, sexual assault, dating violence, or stalking may invoke 34 U.S.C. § 12491 to defend against eviction tied to an abuser's conduct or to the survivor's status. File VAWA documentation under seal.

**H. Bankruptcy automatic stay. ** Filing a Chapter 7 or 13 bankruptcy petition imposes an automatic stay under 11 U.S.C. § 362 that pauses most evictions. Specific exceptions apply for prepetition unlawful-detainer judgments and endangerment / drug-use grounds.

**I. Eviction record. ** Arkansas does not currently provide a comprehensive statutory mechanism for sealing civil unlawful-detainer judgments. A filing — even one ultimately dismissed — may impair future rental applications. Negotiate for dismissal with prejudice and a stipulated agreement to non-publication where possible.

**J. Free legal aid. **

• Legal Aid of Arkansas (Northern, Eastern, Western Districts): 1-800-952-9243; arlegalaid.org
• Center for Arkansas Legal Services (Central and Southern Arkansas): 1-800-950-5817; arkansaslegalservices.org
• Arkansas Volunteer Lawyers for the Elderly: 1-800-952-9243 ext. 2206
• University of Arkansas at Little Rock (UALR) Bowen School of Law Clinics: 501-916-5444

15. SOURCES AND REFERENCES

• Ark. Code Ann. § 18-60-301 et seq. (Forcible Entry and Detainer; Unlawful Detainer)
• Ark. Code Ann. § 18-60-303 (Venue)
• Ark. Code Ann. § 18-60-304 (Actions constituting unlawful detainer)
• Ark. Code Ann. § 18-60-306 (Plaintiff's bond)
• Ark. Code Ann. § 18-60-307 (Tenant's 5-day sworn objection and bond)
• Ark. Code Ann. § 18-60-308 (Hearing; judgment)
• Ark. Code Ann. § 18-60-309 (Writ of possession)
• Ark. Code Ann. §§ 18-17-101 to -913 (Arkansas Residential Landlord-Tenant Act of 2007)
• Ark. Code Ann. § 18-17-202 (RLTA scope and exclusions)
• Ark. Code Ann. § 18-17-501 (Tenant remedies — written notice; 30-day cure; termination)
• Ark. Code Ann. § 18-17-502 (Implied residential quality standards; landlords with six or more units; effective post–November 1, 2021)
• Ark. Code Ann. § 18-17-701 (Material noncompliance; 14-day cure)
• Ark. Code Ann. § 18-17-704 (Periodic tenancy; holdover remedies)
• Ark. Code Ann. § 18-17-806 (Retaliatory conduct prohibited)
• Ark. Code Ann. § 18-17-901 (Grounds for eviction)
• Ark. Code Ann. § 18-16-101 (Failure to pay rent; criminal misdemeanor; constitutional challenges)
• Ark. Code Ann. §§ 18-16-303 to 18-16-306 (Security deposits; double-damages remedy; landlords with six or more units)
• Ark. Code Ann. § 16-22-308 (Attorney's fees in contract actions)
• Ark. Code Ann. § 16-123-103 et seq. (Arkansas Civil Rights Act — fair housing)
• Ark. R. Civ. P. 8, 12, 13, 38
• Propst v. McNeill, 326 Ark. 623, 932 S.W.2d 766 (1996) (no implied warranty of habitability)
• State v. Smith, Pulaski Cty. Cir. Ct. (criminal eviction held unconstitutional at trial level)
• 42 U.S.C. § 3601 et seq. (Fair Housing Act)
• 42 U.S.C. § 3613(c) (FHA fee-shifting)
• 24 C.F.R. Part 247; § 982.310; § 966.4 (HUD subsidized-housing eviction procedure)
• 34 U.S.C. § 12491 (VAWA housing protections)
• 50 U.S.C. § 3901 et seq. (Servicemembers Civil Relief Act)
• 11 U.S.C. § 362 (Bankruptcy automatic stay)
• 15 U.S.C. § 1692 et seq. (Fair Debt Collection Practices Act)
• Persistent Unconstitutionality of the Failure to Vacate Statute, U. Ark. Little Rock L. Rev.
• Arkansas Failure to Adopt Habitability Requirements for Tenants, Ark. J. Soc. Change & Pub. Serv. (2022)
• Legal Aid of Arkansas: 1-800-952-9243; arlegalaid.org
• Center for Arkansas Legal Services: 1-800-950-5817; arkansaslegalservices.org

END OF ANSWER — ATTORNEY REVIEW REQUIRED BEFORE FILING; 5-DAY DEADLINE IS JURISDICTIONAL