Breaking a Lease in Arkansas: Landlord/Tenant Guide 2025

Simply put, breaking a lease in Arkansas can be a big deal. To avoid any legal trouble or extra costs, it’s important landlords and tenants alike get familiar with the ins and outs of Arkansas landlord-tenant law.

This guide breaks down everything you need to know about breaking a lease in Arkansas, including the legal reasons why you can do it and what might happen if you try to do so without justification. If you’d like some great tips on handling lease-breaking responsibly, then keep reading this guide.

Review Your Lease Before All Else

Before taking any steps to break a lease, thoroughly review your lease agreement. Understanding the terms you agreed to is crucial, as they often outline acceptable reasons for early termination or associated penalties. Below, we review the two most commonly used lease agreements.

• Fixed-term leases lock tenants into a set duration, often 1 year, and in Arkansas, breaking a lease prematurely usually incurs penalties.
• Month-to-month leases offer more flexibility, typically requiring landlords or tenants to provide 30 days’ notice for termination.

Understanding your lease’s terms will guide your next steps and inform you of your rights and responsibilities.

Legal Reasons for Breaking a Lease in Arkansas

Certain circumstances allow tenants to legally break an Arkansas lease agreement without facing financial or legal repercussions. If you’re wondering how to break a lease in Arkansas without penalty, the following reasons are considered acceptable:

Reason #1: You’re Starting Active Military Duty

Under federal law, active-duty military members have the right to break a lease without penalty, given specific qualifications. This protection applies to individuals entering the “uniformed services,” which includes:

• The armed forces
• The National Oceanic and Atmospheric Administration (NOAA) commissioned corps
• The Public Health Service commissioned corps
• The activated National Guard

If you qualify, you must give your landlord written notice of your intention to terminate the lease due to military activation. Once the tenant sends the notice, the lease terminates 30 days after the next rent payment is due.

Reason #2: The Rental Unit Is Unsafe or Violates Arkansas Health or Safety Codes

Landlords must ensure rental properties meet basic health and safety standards. If your rental is unsafe — such as having faulty wiring, mold issues, or inadequate heating — you can terminate your lease if the landlord doesn’t address the problem within 30 days of written notice.

To proceed, send a detailed written notice of the issues. If the landlord doesn’t complete the repairs within 30 calendar days, you may legally end your lease and are entitled to a security deposit refund (Ark. Code § 18-17-502(d)).

Reason #3: Your Landlord Harasses You or Violates Your Privacy

While Arkansas doesn’t require landlords to give notice before entering a unit, tenants still have the right to privacy. Repeated violations, such as entering without cause, turning off utilities, or changing locks, can be considered what’s known as “constructive eviction,” allowing you to break your lease.

Document any misconduct and consider seeking legal advice before terminating your lease. Courts often recognize these behaviors as severe breaches, releasing you from further obligations.

Understanding these legal protections ensures you can act appropriately if your landlord fails to meet their responsibilities. For more information, consult the Code of Arkansas.

Breaking a Lease Without Legal Justification

If your situation doesn’t meet the above criteria, breaking a lease in Arkansas might have consequences. However, landlords and tenants can often find mutually agreeable solutions, such as:

• Negotiating with the landlord: Discussing your situation openly may lead to a settlement or reduced penalties.
• Finding a subletter: Arkansas law permits subletting unless explicitly prohibited in the lease.
• Cash-for-Keys agreements: Offering a lump sum payment for early termination can incentivize landlords to release you from the lease.

Although made explicit in some states, Arkansas law does not cite domestic violence as a justified reason to break a lease. The same goes for breaking a lease due to job relocation and medical reasons.

Consequences of Tenants Breaking a Lease in Arkansas

Breaking a lease in Arkansas without legal justification may lead to:

• Financial penalties: Tenants may be responsible for remaining rent payments or a lease termination fee.
• Negative credit impact: Unpaid rent or legal judgments can damage your credit score.
• Loss of security deposit: Landlords often withhold deposits to cover damages or unpaid rent.
• Legal action: Landlords may file lawsuits for breach of contract, adding court fees to your expenses.

Landlord/Tenant Rights and Responsibilities

Arkansas landlord-tenant law defines specific rights and responsibilities regarding lease agreements.

Landlords Have the Right to:

• Collect rent on time: Landlords have the right to expect tenants to pay rent according to the terms outlined in the lease agreement. Failure to do so could result in late fees, eviction proceedings, or other legal remedies allowed by Arkansas law.
• Receive proper notice for lease termination: If a tenant wishes to end a tenancy, landlords have the right to receive adequate notice based on the lease terms. For month-to-month agreements, tenants typically must provide a 30-day notice unless specified otherwise.
• Request compensation for damage: Landlords can hold tenants financially responsible for damages caused by negligence or misuse, such as broken windows, stained carpets, or unauthorized alterations. According to Arkansas law, landlords can deduct repair costs from the security deposit, provided they document and inform tenants of the reasons for the deductions.
• Regain possession of the property after the lease ends: When a lease expires, landlords have the right to expect tenants to vacate the property unless a new lease is agreed upon. If tenants fail to leave, landlords can initiate legal proceedings for eviction to reclaim their property.

Landlords Are Responsible for:

• Maintaining a habitable property: Even though Arkansas law does not explicitly include an “implied warranty of habitability” (the only state not to), landlords may still be required to address significant safety hazards or unlivable conditions under certain circumstances. Issues such as broken locks, leaking roofs, or significant electrical problems should be addressed promptly to ensure tenant safety.
• Adhering to the lease terms: Landlords must honor the obligations they agreed to in the lease, such as maintaining agreed-upon amenities, not altering the lease terms without consent, and respecting the lease duration unless legally terminated. Failure to uphold these commitments could result in legal disputes.
• Providing proper notice before entry: Arkansas landlords must give reasonable notice before entering the rental property, even though state law does not specify an exact time frame. Landlords should respect tenants’ privacy and only enter the property for lawful reasons, such as repairs or inspections, to avoid potential legal challenges.
• Returning security deposits on time: After a tenant vacates, landlords must return the security deposit within 60 days, minus any deductions for damages or unpaid rent. Arkansas law requires landlords to provide an itemized list of deductions to ensure transparency. Failing to follow this process could result in financial penalties.

Tenants Have the Right to:

• Enjoy quiet possession of the property: Tenants are entitled to privacy and peaceful enjoyment of their rental home without unreasonable disturbances from the landlord. Actions such as unauthorized entry, harassment, or intrusive behavior can violate this right and may constitute grounds for legal action.
• Request repairs: While Arkansas law has limited requirements for landlords to provide habitable housing, tenants can still request essential repairs if the conditions pose a significant safety risk. For example, tenants can seek remedies or legal assistance if the property lacks basic utilities or has major structural issues.
• Terminate a lease in certain situations: Tenants have the right to terminate their lease early in specific legal scenarios, such as military deployment under federal law, landlord misconduct, such as harassment, or failure to address severe habitability issues. Exercising this right requires proper documentation and strict adherence to Arkansas statutes.
• Be free from retaliation: If tenants report safety violations, request repairs, or exercise other legal rights, landlords cannot retaliate by increasing rent, reducing services, or initiating eviction without legitimate cause. Arkansas law provides tenants with legal protections against such retaliatory actions.

Tenants Are Responsible for:

• Paying rent: Tenants must meet their financial obligations by paying rent on the due date specified in their lease.
• Maintaining the property: Tenants must avoid causing damage beyond normal wear and tear to avoid losing part of their security deposit.
• Providing notice before moving out: Tenants must give proper notice to the landlord when planning to vacate, typically 30 days for month-to-month leases. Failing to do so can result in additional rent charges or legal complications.
• Complying with lease terms: Tenants must adhere to all lease terms, including pet policies, occupancy limits, and restrictions on property modifications. Violating these terms could lead to eviction.

Legal Help for Landlords and Tenants

If lease-breaking scenarios become contentious, consider seeking legal assistance. Resources include:

• Legal Aid of Arkansas: Offers free or low-cost legal help to qualifying individuals
• Arkansas Bar Association: Provides referrals to licensed attorneys specializing in housing law
• HUD Arkansas Office: Assists with landlord-tenant disputes related to federal housing guidelines

Avoid Lease Breaking with TurboTenant

TurboTenant’s free property management software empowers landlords in Arkansas to manage those breaking a lease in Arkansas by providing a comprehensive set of valuable features, such as:

• Comprehensive Tenant Screening: Conduct thorough financial and rental history checks during the rental application process to prevent future problems.
• Legally Binding Online Lease Agreements: Create legally enforceable agreements encompassing all crucial terms.
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