Learn when and how renters in Arkansas may lawfully break a lease, as well as how to minimize their obligation for rent until the conclusion of the lease period.
Leaving before a fixed-term lease ends without paying the balance of the rent required under the lease is termed “breaking” the contract. Here’s a quick rundown of a tenant’s right to break a contract in Arkansas without additional obligation for rent.
Table of Contents
Tenant Rights and Responsibilities in Arkansas When Signing a Lease
A lease binds you and your landlord for a certain length of time, generally a year. A landlord cannot raise the rent or amend other provisions of a standard lease until the contract expires (unless the lease itself provides for a change, such as a rent increase mid-lease). A landlord cannot compel you to leave before the lease expires unless you fail to pay the rent or breach another key provision of the lease, such as holding huge and loud parties on a regular basis. Landlords in Arkansas must follow particular processes to discontinue the tenancy in these instances.
Tenants are legally obligated to pay rent for the entire lease term, which is typically one year, whether or not they continue to live in the rental unit—with the exceptions listed below.
When Is It Legal to Break a Lease in Arkansas?
There are few key exceptions to the general rule that a tenant who breaches a lease must pay the whole lease term. In the following circumstances, you may be allowed to lawfully leave before the lease term expires.
You have begun active military service.
Under federal law, if you join active military duty after signing a lease, you have the right to break the contract. (The War and National Defense Servicemembers Civil Relief Act, 50 U.S.C.A. 501 and subsequent.) You must be a member of the “uniformed services,” which include the armed forces, the National Oceanic and Atmospheric Administration’s (NOAA) commissioned corps, the Public Health Service’s commissioned corps, and the activated National Guard. You must notify your landlord in writing of your intention to end your lease for military reasons. Once the notice is sent or delivered, your tenancy will end 30 days after the next due date for rent, even if that date is many months before your lease ends.
The rental unit is dangerous or violates Arkansas health and safety regulations.
If your landlord fails to offer a livable residence—that is, if your rental does not satisfy basic health and safety standards—you must inform your landlord of the infractions in writing. If the landlord fails to correct the defects within 30 calendar days after receiving the notification, you have the right to cancel the lease or rental agreement without penalty and get a return of your security deposit. 18-17-502(d) (2021) (Ark. Code Ann.)
Your landlord is harassing you or infringing on your privacy rights.
Arkansas state law does not require your landlord to provide you with prior notice before accessing your rental property. However, if your landlord frequently breaches your private rights, such as by removing windows or doors, disconnecting utilities, or changing the locks, a court may consider this to be a “constructive eviction.” This would normally justify terminating the lease and releasing you from future responsibility.
In Arkansas, it is the landlord’s responsibility to find a new tenant.
When a tenant violates a contract, landlords in most jurisdictions must make a reasonable attempt to re-let their apartments rather than charging the renter the whole remaining rent owed under the lease. Unfortunately, landlords in Arkansas (Weingarten/Arkansas, Inc. v. ABC Interstate Theatres, Inc., 811 S.W.2d 295 (Ark. 1991)) do not have the same responsibility to “mitigate damages” by attempting to rent their property as quickly as possible and limiting their losses if you move before a lease expires. If you violate your lease and leave without a legal reason (as indicated above), attempt to negotiate with your landlord. Don’t simply leave and hope your landlord quickly finds a new renter and doesn’t charge you for the remaining time on your contract. Give your landlord as much notice as possible, and compose a heartfelt letter explaining why you must go early. To sign a new lease, you should ideally be able to give your landlord a suitable replacement renter with strong credit and references.
However, if the landlord does not agree to get you off the hook, you will be obligated to pay rent for the balance of your term. If you leave many months before your lease expires, this might be a significant sum of money. Your landlord will almost certainly utilize your security deposit to pay the amount you owe initially. However, if your deposit is insufficient, your landlord may sue you, most likely in small claims court, where the cap in Arkansas is $5,000.
How to Reduce Your Financial Liability When Breaking a Lease
If you want to leave early and don’t have a legal reason, there are better choices than just packing out and praying your landlord finds a new renter swiftly. There are many things you can do to reduce the amount of money you have to pay your landlord—and to assist assure a positive recommendation from the landlord when you’re searching for your next place to live.
You may greatly improve the situation by giving your landlord as much notice as possible and drafting a heartfelt letter explaining why you need to leave early. Ideally, you should be able to provide your landlord a suitable replacement renter, someone with strong credit and solid references, to sign a new lease.