2010 Arkansas Code
18-60-309. Judgment for plaintiff -- Assessment of damages -- Writs of possession and restitution.
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.
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