Breaking a Lease in Fayetteville, Arkansas – Know the Laws

Breaking a Lease in Fayetteville, Arkansas – Know the Laws

As a landlord in Arkansas, you must know the rules and regulations for tenants breaking a lease.

In this article, we will cover unjustified and justified reasons for early lease termination so that you will be well-informed regarding your and your tenants’ rights.

Rental Agreement in Arkansas

Having a clear rental agreement is essential. When your tenant signs their lease, it is your responsibility to make sure that they are aware of the penalties for unjustifiably breaking a lease and their rights for justifiably breaking a lease.

Your rental agreement should also include how much notice tenants must give when ending their periodic lease in Arkansas. In the state of Arkansas, your tenant must give you the following notice:

1. Arkansas tenants must provide written notice when they terminate a lease. The number of days for the notice will depend on the lease term. Tenants may deliver the termination notice in person, certified mail, or registered mail.
2. Arkansas tenants who rent weekly are required to provide 7 days’ notice. For a monthly lease term, tenants should provide 30 days’ notice. It’s important to note that tenants in Arkansas are not required to provide notice for fixed-end leases because the lease will automatically expire on the last day of the lease.

You should also include your responsibility as a landlord to re-rent the unit. Under Arkansas state law, landlords are not required to take reasonable steps to re-rent their unit when a tenant breaks their lease. Landlords in Arkansas do not have to attempt to rent their property as soon as the tenant moves out before the lease term ends.

Unjustified Reasons to Break a Lease in Arkansas

1. The tenant bought a house.
2. The tenant is relocating for a new job or school.
3. The tenant is upgrading or downgrading.
4. The tenant is moving in with a partner.
5. The tenant is relocating to be near family.

Any reasons listed above are insufficient to break a lease and provide no legal protection against penalties for not honoring the lease. If the tenant wants to end the lease for any of these reasons, they should ask the landlord for mutual termination.

Justified Reasons to Break a Lease in Arkansas

As a landlord in Arkansas, you must know why a tenant breaks a lease early. Below, you will find justified reasons for the early termination of a lease.

Early Termination Clause

Landlords in Arkansas have the right to allow their tenants to terminate the lease before the term ends in exchange for a penalty fee. Including this clause in the rental agreement is important, including the fee amount and the required number of days for the notice.

Active Military Duty

If your tenant became an active military member, they might be allowed to break the lease earlier than the end of the lease term if they were relocated due to deployment or a permanent change of station.

Active service members are protected from their obligation for the lease starting on the date of entering duty until between 30 to 90 days after the date of discharge.

To be eligible for this relief act, the following conditions should be met:

• The lease must have been signed before the tenant entered active duty.
• The tenant should remain on active duty for 90 days or more.
• The tenant should deliver a written notice to the landlord, a copy of the orders to deploy, a Permanent Change of Station (PCS), or a letter signed by the commanding officer stating their pending deployment.

Violation of Privacy

As a landlord, it’s important to respect your tenants’ privacy. Knowing the law can help you avoid committing any violations.

According to Arkansas law, no specific amount of notice is required for a landlord to enter the property. Also, tenants cannot unreasonably withhold consent for a landlord to enter the rental unit.

Also, in Arkansas, there is no statute on lockouts. Tenants are not allowed to change locks on the premises without the landlord’s permission.

Domestic Violence

Under Arkansas law, tenants who are victims of domestic violence are provided with protection with special rental provisions, including the following:

As a landlord in Arkansas, you cannot lawfully refuse to rent to potential tenants or terminate their lease just because they are victims of domestic violence. Tenants who are victims of domestic violence can be allowed to change the locks at their own expense.

Keep in mind that, as a landlord in Arkansas, you have the right to verify the claim of domestic violence status. You can require your tenants to provide a copy of the restraining order.

Violation of the Lease Agreement

As a landlord, you should comply with the provisions of the landlord-tenant law and the rental agreement. Any violation may be sufficient justification for your tenants to pre-terminate the lease. If you violate the Fair Housing Act, your tenant may have grounds to break the lease early.

Senior Citizen or Health Issue

Age-related or health-related pre-termination arrangements may be applicable. Tenants with legal disabilities can also request early termination as a reasonable accommodation under the Fair Housing Act.

• Uninhabitable property: Arkansas is the only state that does not have specific health and safety codes for landlords to follow. The Arkansas law does not provide minimum standards for rental properties.

Bottom Line

Now, you are well-versed in breaking a lease in Arkansas! If you have any questions, please reach out to us today. We are a leading property management company in Fayetteville with years of experience working with landlords and investors. We’d love to work with you too! Contact Keyrenter Arkansas at 479-662-1800.