IN CIRCUIT COURT OF WASHINGTON COUNTY, ARKASAS

COREY COLBERT
PLAINTIFFSS
SOMER COLBERT
VS

Case # CV-16-1932-1

BRIAN OTIENO, and

DEFENDANTSS
Any Other Occupant of
659 Oddysey Avenue,
Springdale, AR 72764

ANSWER FOR JUDGEMENT AND UNLAWFUL DETAINER

Response to the Plaintiffs, Corey Colbert and Somer Colbert, husband and wife, and
for their cause of action against Defendants, Brian Otieno and any other occupants of the
premises, based upon unlawful detainer, state as follows:

Count I

Defendants agrees that Plaintiffs are the owners of the following described property
located in Washington County, Arkansas:
659 Oddysey Avenue, Springdale AR, 72764
More Specifically described as follows:
Lot 29, Chadwick Subdivision, Springdale, Washington County, Arkansas as shown on
final plat record 23 at page 180.

Subject to easements, right of ways, and protective covenant of record, if any.

1. Brian Otieno & any other occupants, Defendants, is a resident of Washington
County, Arkansas.
2. Defendants Entered into possession of the premises under a twelve (12) month
lease on October 11th 2015 and was resigned due to a change of tenants on
March 1st 2016. See copy of the Residential Lease agreement attached as Exhibit
A, and incorporated by reference as if set out word-for-word herein.
3. Defendants agreed to pay One Thousand Four Hundred Twenty-Five and 00/100
Dollars ($1,425.00) per month. See Paragraph One (1) titled Term and Rental
Amount of Exhibit A.
4. Defendants have NOT refused to pay rent since August 2016 as stated in the
Plaintiffs COMPLAINT FOR JUDGEMENT AND AUNLAWFUL DETAINER attached as
Exhibit B,
5. Defendants have paid rent for August and the proof of receipt and
acknowledgement is shown as attached as Exhibit C.
6. On the 9th day of September 2016, Plaintiffs did not give notice to Defendants as
required by law to quit and vacate the premises and deliver the same into the
possession of Plaintiffs. A copy of such notice was received by the Defendants on
September 13th 2016 and attached to the COMPLAINT FOR JUDGEMENT AND
AUNLAWFUL DETAINER. Also attached here as Exhibit B.

7. That notwithstanding said notice, Defendants did not refuse to vacate.

Defendants attempted to reach out to the Attorney of record to discuss the
resolution options mentioned on the Settlement letter dated September 9th 2016
but was received by Defendants on September 13, 2016. Also attached here as
Exhibit D.
8. Plaintiffs agreed on Page 3 of the lease agreement attached here as Exhibit A
Page 3 section 17. MAINTENANCE reads LESSOR shall keep the above described
premises in a habitable, condition including all repairs due to natural war and
tear, prided the LESSEE must notify the LESSOR of the need for such repairs, so
same may be made at the LESSOR S direction. And it is further understood and
mutually agreed by the parties hereto the LESSEE is not to incur any expenses
for repairs to said premises, The Defendants has made numerous request to
install smoke detectors in the home but as you can see and as shown on Exhibit
F. The smoke detectors are still not installed.
9. Plaintiffs agreed on Page 3 of the lease agreement attached as Exhibit A. Page 3
section 17 MAINTENANCE reads LESSOR shall keep the above described
premises in a habitable, condition including all repairs due to natural war and
tear, prided the LESSEE must notify the LESSOR of the need for such repairs, so
same may be made at the LESSOR S direction. And it is further understood and
mutually agreed by the parties hereto the LESSEE is not to incur any expenses
for repairs to said premises, The Defendants has made numerous request to fix
the lighting fixture in the living room Exhibit G since they dont work you are
unable to screw a bulb and have lighting in the living room because of this issues
that the Plaintiffs has refused to address for months.
10.
Defendants agree that on page 1 of the lease agreement also attached here
as Exhibit A Section 3.D of the agreement reads If LESSEE continues to occupy
the premises after the expiration of the lease term as a hold over tenant, LESSEE

must give LESSOR Notice of Intent to Vacate. The notice must be given 60 days
prior to vacation of the premises.
11.
On Tuesday August 2nd 2016 LESSOR send a text message to LESSEE also
attached here as Exhibit E which the LESSOR was inquiring if the lease will be
extended for another twelve (12) Months. Plaintiffs message was as follows Hey
there. Hope all is well. We are just looking ahead and wanted to make sure of
things. If I am not mistaken, you signed for the year and contract is through
October. Do you plan to continue to rent with us? We hope you do but if you had
other plans we wanted to be prepared. Thx so much!!.
12.
On Tuesday August 2nd 2016 LESSEE responded to the LESSOR message on
the same date and as shown on Exhibit E . The Defendants Response was as
follows Yeah I was eating lunch with your neighbor the pastor and he asked me
the same thing and honestly I have been bouncing the idea in my head as too
what I am going to do. How about give me a few days and I will let you know
13.
On Tuesday August 2nd 2016 and as shown on Exhibit E LESSOR Responded
to the LESSEE last message and said Oh thats fine. I am not stressing, just
happened to think about it. :). Would rather know sooner than later if you were
leaving or if you were interested in buying yourself.
14.
On Tuesday August 2nd 2016 and as shown on Exhibit E LESSOR responded
to the LESSEE previous message on the same date and said Ok let me sleep on
it but I will give you a heads up. And the LESSEE response as shown on Exhibit
E was Thanks
15.
Defendants spoke to Plaintiffss a few days after August 2nd 2016 and
informed Plaintiffs that Defendants will not be extending the contract.
16.
On and around August 10th 2016 the Plaintiffs informed the Defendants that
since the notice to extend the lease was not given within 60 days from the lease
agreement end date that the deposit was forfeited.
17.
Defendants looked over the agreement signed and attached as Exhibit A. On
March 1st 2016. On page 1 Section 1 of the agreement reads TERM AND RENTAL

AMOUNT: LESSEE shall lease from LESSOR the property for a term of twelve
months beginning on the 11 day of October, 2015 and continue until October 1,
2016.
18.
Defendants on numerous occasions attempted to address the inconsistencies
and inaccuracies of the dates on the agreement with the Plaintiffs but the
Plaintiffs refused to address any of the concerns regarding the days even though
they are very critical to the 60 days Vacate clause mentioned on Page 1 Section
3D of the agreement.
19.
Plaintiffs on numerous occasions stated that the $1,425.00 One Thousand
Fourteen hundred and twenty-five-dollar deposit was forfeited since the
Defendants did not inform the LESSOR of his decision within the 60-day period
based on the August 2nd 2016 conversation. Also attached as Exhibit E.
20.
Defendants on numerous occasions tried to compromise and explain the
matter regarding the forfeiture of the Security deposit given that regardless of
which date on the agreement is considered the start of the 60-day countdown
that the Defendants was still within the 60 days.
21.
Defendants claims that if the end date of the agreement was on October 11th
2016 he gave notice to Plaintiffs on August 2nd which is 71 days advance Notice.
22.
Defendants claims that if the end date of the agreement was on October 1st
2016 he gave notice to Plaintiffs on August 2nd which is exactly 60 days advance
Notice as required on the agreement.
23.
Defendants claims that if the end date of the agreement was on March 1st
2016 (12) twelve months after the contract was signed and he gave notice on
August 2nd 2016 this is 211 days advance notice.
24.
WHEREFORE, Defendants prays that this court order that the Plaintiffs to pay
$1,425.00 ( One Thousand Four Hundred and Twenty Five Dollars). And given 15
days time from the filing of this response not counting weekends to relocate and
move his belongings from the residence. And ask that the Clerk of the court and
sheriff to grant a temporary no contact order to the Defendants so cease any

further harassment regarding this matter. In addition, the Defendants ask the
court to grant $1,500.00 in lost wages that the Defendants suffered to address
this matter altogether totaling $2,925.00 plus interest from the date this
response is filed.

Respectfully Submitted,
Any Other Occupants,