Breaking a lease in Arkansas can cause a legal mess, but state law provides tenants with defined rights to leave early in certain situations without incurring additional costs. This guide explains those legal protections, what both parties should expect, and how to handle early lease termination responsibly.
Legal Reasons to Break a Lease Early in Arkansas
In Arkansas, certain conditions allow landlords and tenants to end a lease before its scheduled expiration, such as:
1. Active Duty Military
Federal law grants tenants the right to end a lease early when they receive active-duty military orders. This protection applies to members of the Armed Forces, National Guard, or Reserve who serve more than 30 days, as well as Public Health Service or NOAA officers facing deployment or relocation. The coverage begins when active duty starts and extends up to 90 days after discharge.
To use this protection, tenants must deliver written notice and include a copy of their official orders. This documentation informs the landlord of the tenant’s intent to terminate the lease under the Servicemembers Civil Relief Act (SCRA), which shields service members from housing penalties during military service.
Lease termination doesn’t occur immediately, though. Once a tenant provides notice, the lease ends no earlier than 30 days after the next rent payment is due. This short window gives both parties time to plan, settle payments, and ensure a smooth move-out process.
Supporting law: Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901–4043
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
2. Unenforceable or Void Lease Agreement
Tenants in Arkansas may terminate a lease early without penalty when the agreement is legally void or unenforceable. This situation arises when the contract violates basic principles of contract law or involves a property that cannot legally be rented under state or local regulations.
A lease may be considered invalid in several circumstances:
- Signed under duress: The tenant agreed after threats, coercion, or unlawful pressure.
- Signed by a minor: Individuals under 18 generally cannot form binding lease agreements.
- Unit is illegal: The property violates housing or safety codes, lacks required permits, or is not zoned for residential use.
Once a lease is deemed void, it no longer carries legal authority. The tenant can move out immediately without owing future rent, and the landlord must return the security deposit. If the landlord refuses, the tenant may recover the funds through small claims court.
Supporting law: General contract principles and Arkansas common law
Neither tenants nor landlords can waive this right. Any lease clause that attempts to do so is unenforceable.
3. Mutual Agreement Between Landlord & Tenant
In Arkansas, landlords and tenants can agree to end a lease early without penalty if both sides put the terms in writing. This arrangement can come from direct negotiation or through an early termination clause already included in the lease. Once both parties sign, the agreement becomes legally binding.
Common situations that lead to mutual termination include job transfers, financial strain, health or family issues, property sales, renovations, or when a tenant buys a new home. These agreements often provide a flexible solution that benefits both sides.
Tenants should clearly communicate their reasons for ending the lease and propose fair conditions. Together, both parties can determine notice periods, final rent payments, and how to manage the security deposit. Putting everything in writing protects everyone involved and ensures the lease closes cleanly and without conflict.
Supporting law: General contract principles and Arkansas common law
Other Legal Reasons for Breaking a Lease in Arkansas
In Arkansas, tenants may end a lease early in certain situations recognized under general contract principles, even though state law offers limited statutory protections. These exceptions don’t involve habitability concerns or landlord behavior but can still justify ending a lease without financial consequences.
Other acceptable reasons include:
Condemnation of the rental property: When local authorities condemn a rental property due to significant safety or building code violations, the lease automatically ends because the home can no longer be legally occupied.
Supporting law: Doctrine of impossibility (Arkansas common law)
Natural disasters that render the unit uninhabitable: Fires, floods, or tornadoes that destroy or severely damage a rental make continued occupancy impossible. In these cases, tenants may terminate the lease without penalty, as the contract cannot remain valid once the property ceases to exist.
Supporting law: Doctrine of impossibility and frustration of purpose (Arkansas common law)
These less common situations are still recognized under Arkansas law. Tenants must usually give proper notice and supporting documentation to the landlord.
Consequences for Illegally Breaking a Lease
In Arkansas, tenants who end a lease without a valid legal reason risk losing their security deposit, being sued for unpaid rent, and damaging their credit history. Landlords may also issue poor references, making it harder for those tenants to rent future rental housing.
Landlord’s Duty to Mitigate Damages in Arkansas
In Arkansas, landlords have no legal obligation to mitigate damages when a tenant vacates the premises before the lease term ends. They can keep the property vacant and continue collecting rent for the remainder of the lease term unless the agreement specifically states otherwise.
Supporting law: Ark. Code § 18-17
Tenant’s Right to Sublet in Arkansas
Arkansas law does not give tenants an automatic right to sublet a rental property. A tenant may sublet only if the lease allows it or the landlord provides written permission. Even with consent, the tenant stays responsible for rent and all lease terms unless the landlord releases them in writing.
Supporting law: Ark. Code § 18-17
Navigate Broken Leases With Landlord Software
Ending a lease in Arkansas can create confusion, but property management software helps simplify every step of the process. It keeps communication organized, tracks essential records, and helps both landlords and tenants stay compliant while reducing the risk of disputes.
Key features include:
- Online rental applications and tenant screening tools
- Simple lease creation and digital signatures
- Automated rent collection and payment reminders
- Maintenance tracking for repair requests
- Built-in accounting and expense management
- Secure cloud-based document storage
Create a free account today to manage your rentals efficiently, stay organized, and handle lease challenges with confidence.
