Landlords' Liens

Ark. Code Ann. tit. 18, ch. 41

in effect

Ark. Code Ann. § 18-41-101 Lien on crop — Period effective — Definition.

(a) Every landlord shall have a lien upon the crop grown upon the demised premises in any year for rent that shall accrue for the year. (b)(1) The lien is perfected and shall have priority over a conflicting security interest in or agricultural lien on the crop regardless of when the conflicting security interest or agricultural lien is perfected. (2) The lien shall continue for six (6) months after the last installment of rent under the rental agreement becomes due and payable, and no longer. (c)(1) As used in this section, “rent” means all payments to be made to the landlord under the rental agreement. (2) “Rent” includes a payment paid on behalf of the tenant by a government agency or other entity.

Ark. Code Ann. § 18-41-102 Liability of subtenants.

Any person subrenting lands or tenements shall be held responsible only for the rent of lands and tenements cultivated or occupied by him or her.

Ark. Code Ann. § 18-41-103 Lien for advances — Enforcement.

(a)(1) In addition to the lien given by law to landlords, if any landlord, to enable his or her tenant or employee to make and gather the crop, shall advance the tenant or employee any necessary supplies, either of money, provisions, clothing, stock, or other necessary articles, the landlord shall have a lien upon the crop raised upon the premises for the value of the advances. (2) The lien is perfected and shall have priority over a conflicting security interest in or agricultural lien on the crop regardless of when the conflicting security interest or agricultural lien is perfected. (b) This lien shall have preference over any mortgage or other conveyance of the crop made by the tenant or employee. (c) This lien may be enforced by an action of attachment before any court having jurisdiction, and the lien for advances and for rent may be joined and enforced in the same action.

Ark. Code Ann. § 18-41-104 Priority of tenant employees' liens.

(a) Whenever any landlord shall endorse, upon any written agreement made by and between his or her tenant and the employees of the tenant, his or her written consent to the terms of the agreement, then, and in that case only, the lien of the employees shall have precedence over that of the landlord. (b) This precedence shall be only for the compensation specified in the agreement, the services therein specified having been rendered towards the production of the crop against which the landlord's lien attaches.

Ark. Code Ann. § 18-41-105 Waiver to be recited in mortgage.

If any mortgagee procures a waiver of the landlord's lien, in part or in full, he or she shall recite it in his or her mortgage. If the waiver of lien is not recited in the mortgage, or attached thereto, the waiver shall be invalid against any subsequent mortgagee, purchaser, or assignee.

Ark. Code Ann. § 18-41-106 Right to assign.

(a) A landlord's lien for rent shall be assignable. (b) The holder of any note, contract, or other instrument evidencing the rent for land upon which crops are to be produced during any year may sell, assign, transfer, mortgage, or pledge the note, contract, or other evidence thereof, together with the lien, if any, provided by law in favor of landlords, and the transferee, endorsee, mortgagee, pledgee, or holder thereof shall have the right to enforce the lien so transferred.

Ark. Code Ann. § 18-41-107 Purchasers or assignees from bailees.

The purchaser or assignee of the receipt of any ginner, warehouser, cotton factor, or other bailee for any cotton, corn, or other farm products in store or custody of the ginner, warehouser, cotton factor, or other bailee shall not be held to be an innocent purchaser of any such produce against the lien of any landlord or laborer.

Ark. Code Ann. § 18-41-108 Attachment to enforce.

(a) Any landlord who has a lien on the crop for rent shall be entitled to bring suit before a circuit court having jurisdiction and have a writ of attachment for the recovery of it, whether the rent is due or not, in the following cases: (1) If the tenant is about to remove the crop from the premises without paying the rent; or (2) If he or she has removed the crop, or any portion thereof, without the consent of the landlord. (b)(1) Before the writ of attachment is issued, the landlord or his or her agent or attorney shall file an affidavit of one (1) of the facts under subdivision (a)(1) or subdivision (a)(2) of this section, that the amount claimed is or will be due for rent, or will be the value of the portion of the crop agreed as rent, stating the time the rent became or would become due and that he or she has a lien on the crop for rent. (2) The landlord or his or her agent or attorney shall file with the clerk of the court a bond to the defendant, with sufficient security, in double the amount of his or her claim as sworn to, conditioned that he or she will prove his or her debt or demand and his or her lien in a trial, or that he or she will pay damages against him or her. (c) The writ of attachment may be levied on the crop in the possession of the tenant or anyone holding it in his or her right or in the possession of a purchaser from him or her with notice of the lien of the landlord. (d) If the rent is not due at the commencement of the suit, the trial shall be stayed until it becomes due, and the attachment, at any time before final trial, may be dissolved in the manner prescribed by law, and the cause proceed as other suits.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.18.htmlFetched: 11/8/2026