Breaking a Lease Early in Arkansas

Last Updated: July 4, 2023 by Phil Ahn

In Arkansas, a tenant can end a fixed-term lease early, without penalty, if one of several conditions is met, such as a privacy violation by the landlord. If none of the conditions are met, the tenant is liable for all remaining rent until a new tenant is found.

1. Active Military Duty

In Arkansas, as with all states, a tenant can break a lease early, without penalty, due to military duty. Under federal law, active service members who are relocated due to deployment or permanent change of station may break a lease early[1]. The protection begins on the date on which the tenant enters active duty and ends between 30-90 days after the date of discharge.

What Qualifies as Military Duty?

To qualify to break a lease early in Arkansas for military duty, all of the following conditions must be met[2]: 

1. Servicemember Status. A tenant must be an active-duty member of the military, Reserve, National Guard (mobilized under federal orders for more than 30 consecutive days), or be a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration. 
2. Deployment. The tenant must receive a permanent change of station (“PCS”) order or deployment order for a period of at least 90 days.
3. Prior Signed Lease. A tenant must have signed the lease prior to active military service.

How to Prove or Verify Military Duty

To prove or verify military duty in Arkansas, a tenant must give the landlord both of the following:

1. A military ID (example)
2. Permanent Change of Station (PCS) orders (example) OR a letter from the tenant’s commanding officer (example)

If a landlord doubts the authenticity of a tenant’s request to terminate a lease due to military duty, the landlord may submit a Record Request to obtain a report certifying the tenant’s active duty status. However, the landlord must create an account to use the Record Request.

How to Terminate a Lease Due to Military Duty

To terminate a lease early for military duty, a tenant must provide a landlord written notice and proper documentation. However, the lease does not terminate immediately. Once notice is delivered, the earliest a tenant can terminate is 30 days after the beginning of the next rent period.

For example, if the notice was delivered on the 23rd of March, and the rent is due on the 1st of each month, the earliest the lease can terminate is May 1st. Therefore, rent is still due for the month of April.

2. Early Termination Clause

In Arkansas, a tenant can break a lease early, without penalty, due to an early termination clause. However, a tenant can only break the lease if an early termination clause exists in the lease. A landlord is not required to include an early termination clause in a lease under Arkansas law.

An early termination clause allows a tenant to terminate a lease early in exchange for paying a penalty. Generally, an early termination clause allows a tenant to break a lease anywhere from 30-60 days after providing notice.

Early Lease Termination Agreement

If a lease does not contain an early termination clause, and both the landlord and the tenant would like to end the lease, they may agree to a “mutual termination” to end the lease. In this case, the landlord and tenant write down the terms of the termination agreement, sign the agreement, and comply with the agreed-upon terms to terminate the lease.

3. Domestic or Sexual Violence

In Arkansas, a tenant can break a lease early, without penalty, due to domestic or sexual violence. Arkansas law protects tenants who are victims of domestic violence, sexual assault, stalking, or sexual abuse so long as the tenant can provide the landlord with proof of the abuse[3].

What Qualifies as Domestic Violence?

In Arkansas, for an act of domestic violence to qualify as grounds for breaking a lease, all must be true:

1. It is committed against the tenant or child of a tenant by a household member
2. It is intended to result in harm, injury, or sexual assault OR it reasonably places the victim in fear of imminent harm or assault

How to Prove or Verify Domestic Violence?

A tenant can prove or verify domestic violence by providing the landlord with one of the following:

• Documentation of the stalking, assault, or abuse from a licensed healthcare provider or someone who is otherwise qualified
• A copy of a court issued:
  • Temporary injunction
  • Temporary ex parte order
  • Protective order or
  • An order of emergency protection

The court documents are not public record and a landlord cannot request the documents from the court. However, the orders are official court documents signed and stamped by a judge. To verify, a landlord can look at a list of current judges in the state.

To further verify if the court documents are legitimate, a landlord may call the court and ask the clerk to confirm the issue was ordered.

Documents from a licensed healthcare provider or someone who is otherwise qualified will be signed by the healthcare provider. While the provider will not talk to the landlord about the incidents leading to the documentation, a landlord may call the provider to verify the validity of the document.

How to Terminate a Lease Due to Domestic Violence

To terminate a lease early for domestic violence in Arkansas, a tenant must provide the landlord with the proper documentation and 30 days’ written notice of termination. The tenant remains liable for any damage done to the rental unit as well as the rent due for the final month.

4. Uninhabitable Living Conditions

In Arkansas, a tenant can break a lease early, without penalty, due to uninhabitable living conditions if all of the following are true:

1. Certain health and safety codes are not met
2. The lease was signed after November 1, 2021
3. The tenant notifies the landlord about the issue
4. The landlord fails to make repairs within a reasonable time period

Almost all states have an implied warranty of habitability that requires landlords to keep a rental property in a livable state regardless of what the lease says. However, Arkansas has no implied warranty of habitability[4]. There are a few limited exceptions requiring certain repairs in leases signed after November 1, 2021.

What Qualifies as Uninhabitable Living Conditions

In Arkansas, certain statutes set forth specific instances that qualify as uninhabitable living conditions[5].

Here are a few examples of minimum habitability requirements that a landlord must provide:

• Clean water
• A source of electricity
• A functioning roof
• Hot and cold air
• A sanitary sewage system

To break a lease for uninhabitable conditions, tenants must notify the landlord through certified mail or however else the lease allows. However, the landlord is on notice as long as they are aware of the needed repairs. Landlords have 30 days to repair the problem.

How to Prove or Verify Uninhabitable Living Conditions

In Arkansas, to prove or verify uninhabitable living conditions, a tenant must show all of the following:

1. Proof of the issue (i.e., a photo)
2. Proof the tenant gave notice of the issue to the landlord (i.e., certified mail)
3. Proof the issue remains

Upon receiving notice, the landlord may verify the conditions by inspecting the property. If the tenant intends to make the repair for themselves, the tenant must provide the landlord with a copy of the repair bill and receipt for the payment.

How to Terminate a Lease Due to Uninhabitable Living Conditions in Arkansas

To terminate a lease early because of uninhabitable living conditions, the tenant should send the landlord a letter stating that they are terminating the lease for failing to resolve the conditions. If possible, the tenant should also send proof of both the violation and notice requesting repairs.

If a landlord disputes the legitimacy of the uninhabitable living conditions, they may file a complaint for a judgment in the Arkansas Small Claims Court.

5. Tenant Death

In Arkansas, a tenant’s estate can terminate a lease early, without penalty, if a tenant dies before the expiration of the lease.

What Qualifies as Tenant Death?

In Arkansas, a tenant’s death will qualify as a legitimate reason to terminate the lease so long as the tenant who signed the lease was the sole occupant over the age of 18. If minors live with the deceased, the landlord will work out the details with the minors’ new legal guardian(s).

How to Prove or Verify a Tenant Death

To show proof or verify tenant death, the estate may provide the deceased tenant’s death certificate to the landlord or the landlord may request a tenant’s death certificate from the Arkansas Department of Health.

The personal representative of the deceased tenant’s estate, also known as an executor or administrator, should provide the landlord with a copy of the tenant’s will or a court order naming the person and describing their role as a representative of the estate.

How to Terminate a Lease Due to a Tenant Death in Arkansas

In Arkansas, in order for a representative of the estate to terminate a lease early due to tenant death, they must provide the landlord with written notice within a reasonable time after the death.

Termination of the lease is not effective immediately. The lease becomes a part of the tenant’s estate and will be managed by the executor of the estate. Therefore, it is up to the executor of the estate to release and terminate the tenancy.

If released, the tenant’s estate will still be liable for any past-due rent and any damages to the premises that are beyond normal wear and tear. Until the lease is fully terminated, the tenant’s estate will still be responsible for rent.

6. Unenforceable or Voidable Lease

In Arkansas, a tenant can break a lease early, without penalty, if there are unenforceable clauses or provisions that make the lease voidable. Specifically, a tenant can break a lease early if the lease was signed under duress, if the tenant is a minor, or if the unit is illegal.

What Qualifies as Unenforceable or Voidable Lease

In Arkansas, a lease would be deemed unenforceable or voidable if any of the below are true:

• A tenant was forced to sign the lease under duress. Duress means there is coercion through physical force or an unlawful threat that eliminates one’s free will to do what they want.
• The party signing the lease is a minor. In Arkansas, a minor is someone under the age of 18. With regards to leases, anyone can sign one, including a minor. Because leases are generally viewed as contracts, and a minor cannot be bound by their contracts, the law will automatically allow the minor to void the contract, if they choose.
• The unit is illegal. An illegal unit is one that is used for residential purposes but is not registered with the proper authorities as required by law. These are units that don’t comply with legal requirements for housing, such as too-low ceilings, no address, no dedicated gas/electric meter, or improper electric systems.

How to Prove or Verify an Unenforceable or Voidable Lease

To prove or verify that the lease was signed under duress, a tenant must be able to show that they did not sign the lease of their own free will. A tenant must show that a threat of harm made by the other party was the reason they entered into the contract.

To prove or verify that the party signing the lease was a minor, the easiest way will be to provide a birth certificate showing exactly when the tenant was born. Once confirmed as a minor, they will then be given the choice of whether they want to void the lease.

To prove or verify that the unit is illegal, a tenant can search public files at the local housing inspection department or agency. A tenant can search these files online by locating the “Certificate of Occupancy” document. Generally, every city or county will have a database where an individual can input the address of the property in question. Simply search “[the county or city name] + certificate of occupancy.”

How to Terminate a Lease Due to an Unenforceable Clause or Void Lease

If a lease is considered void or unenforceable, it is immediately terminated, as if the lease was never signed. Therefore, the tenant can move out immediately and no longer have to pay rent.

Furthermore, because the agreement is viewed as never in existence, any security deposits paid should be returned. The first step is asking the landlord to return the security deposit. However, if the landlord claims they do not owe you money, you may have to resort to filing a lawsuit in small claims court.

7. Landlord Harassment or Privacy

In Arkansas, a tenant can terminate a lease early due to landlord harassment or privacy violations. However, a court must determine whether landlord harassment occurred before a tenant can break the lease.

What Qualifies as Landlord Harassment

In Arkansas, the following behavior qualifies as landlord harassment:

• Landlord Entry. In Arkansas, landlords are required to provide notice (generally 24 hours) before entering a tenant’s home. Repeatedly entering a tenant’s home without notice qualifies as landlord harassment.
• Constructive Eviction. A landlord cannot remove exterior windows or doors, turn off utilities or change the locks without prior tenant permission under Arkansas law. This type of behavior constitutes constructive eviction and qualifies as landlord harassment under Arkansas law.
• Engaging in Discrimination. Under the Fair Housing Act, a landlord may not discriminate against a tenant based on race, religion, national origin, and gender. This type of behavior qualifies as landlord harassment.

How to Prove or Verify Landlord Harassment

A tenant may prove or verify landlord harassment by keeping written records of any harassment or taking photos, if possible. At the hearing, a landlord may be able to counter this with similar evidence.

For example, a tenant may provide a court with pictures of an exterior door with no locks. In turn, the landlord may present evidence that the landlord was required to change the locks and show the court a receipt from a locksmith with an installation date for a new lock.

How to Terminate a Lease Due to Landlord Harassment

To terminate a lease for landlord harassment, a tenant must get court permission. The tenant must file a complaint with the Consumer Protection Division and can file a form online. The tenant must then file notice to the landlord of the complaint. At a later date, a hearing will be held to determine whether landlord harassment was committed.

8. Mental or Physical Disability

In Arkansas, as with all other states, a tenant can break a lease early, without penalty, because of a physical or mental disability.

Practically speaking, a tenant with a disability could request to terminate the lease if they can no longer function in a regular rental unit and need specialized care.

What Qualifies as a Physical or Mental Disability?

Under both the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA), persons with disabilities are eligible for reasonable accommodations. A reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with disabilities to have an equal opportunity to enjoy where they live.

A person with a disability is an individual with a physical or mental impairment that substantially limits one or more major life activities. These individuals must have a record of the impairment. A record can constitute hospitalization records and documented time off as a result of the disability.

A physical or mental impairment includes diseases and conditions such as:

• Visual, speech, or hearing impairments
• Cerebral palsy
• Autism
• Epilepsy
• Muscular dystrophy
• Multiple sclerosis
• Heart disease
• Diabetes
• HIV

How to Terminate a Lease Due to a Physical or Mental Disability

If a tenant has a qualified disability, the tenant may request early termination as a reasonable accommodation under the FHA or ADA. Once the landlord receives this letter, then they will terminate the lease.

However, in the event the landlord refuses to honor the legitimate early termination of the lease, you may have to file a Fair Housing complaint or sue in court.

9. Landlord Retaliation

In Arkansas, a tenant cannot break a lease early for landlord retaliation except when reporting lead hazards is involved. Arkansas is one of the few states where landlords are legally allowed to retaliate against tenants with measures like raising the rent or refusing to renew a lease.

Statutorily, the only exception where landlords cannot retaliate is in the instance of reporting lead hazards. Landlords are not allowed to respond to such reporting with eviction or other retaliatory action[6].

What Qualifies as Landlord Retaliation?

Arkansas law sets forth the one instance that qualifies as landlord retaliation. A tenant must report the presence of lead hazards to the Arkansas Department of Health.

After a tenant has reported the presence of lead hazards, any of the following actions may qualify as illegal landlord retaliation:

• Filing an eviction proceeding
• Depriving the tenant of the use of the premises, except for reasons authorized by law
• Decreasing services to the tenant
• Increasing the tenant’s rent or terminating the tenant’s lease
• Purposefully interfering with the tenant’s rights under the lease.

How to Prove or Verify Landlord Retaliation

In Arkansas, a tenant may prove landlord retaliation by first showing documentation of the rights the tenant exercised under law, such as a copy of a complaint filed with a governmental agency. A tenant may also use a copy of an eviction proceeding or altered lease to prove landlord retaliation.

The landlord is not liable for retaliation if the landlord proves that the action was not taken for purposes of retaliation. To do so, the landlord must have evidence that they intended to take the same actions prior to the tenant’s actions.

A landlord may also show that they exercised certain lawful rights through any of the following:

• Increasing rent under an escalation clause in a written lease for utilities, taxes, or insurance
• Increasing rent or reducing services as part of a pattern of rent increases or service reductions for an entire multi-unit building
• An otherwise valid eviction or lease termination because the tenant is delinquent in rent, intentionally damages property, or materially breaches the lease

Can a Tenant Break a Lease Due to Job Relocation in Arkansas?

A tenant cannot break a lease early due to a job relocation in Arkansas. No laws exist in Arkansas to allow a tenant to automatically break a lease for a new job.

However, some leases contain a “transfer clause” which may allow a tenant to end a lease early if they are relocating for a new job.

Can a Tenant Break a Lease Due to Backing Out of a Lease After Signing?

In Arkansas, a tenant cannot break a lease early after signing the lease but before moving in. However, a tenant may terminate the lease under an early termination clause, if the lease contains one.

Can a Tenant Break a Lease Due to Buying a House in ?

In Arkansas, a tenant cannot break a lease early due to buying a house unless the lease contains a clause allowing the tenant to terminate the lease early because of a new home purchase.

What Happens if a Tenant Cannot Break a Lease Early?

If there is no legal justification for breaking a lease early, then the tenant will be responsible for the remaining rent due for the lease.

Arkansas does not have a law limiting the amount a tenant owes a landlord when breaking a lease early. A tenant could be liable for paying the remaining rent through the life of a lease. Furthermore, a landlord does not need to mitigate damages and seek to replace the tenant.

Landlord’s Duty to Mitigate Damages in Arkansas

In Arkansas, a landlord does not have a responsibility to re-rent their units. Tenants are generally responsible to pay rent owed throughout the life of their lease, even if they move out early. If a tenant breaks a lease early in other states, the landlord must try to re-rent the unit to lessen the rent owed by the original tenant. However, landlords in Arkansas do not have to attempt to re-rent their units.

Tenant’s Right to Sublet in Arkansas

Arkansas state law does not grant tenants, by default, the right to sublease. Instead, they must have explicit, written consent from the landlord to do so. If a tenant is able to sublet the premises, they will not be liable for the total remaining rent due under the lease.

Consequences for Moving Out Early in Arkansas

In Arkansas, tenants will be held liable for all remaining rent and property damage unless the landlord found a new tenant.

If not, potential consequences include:

• The landlord keeping the security deposit
• The landlord suing the tenant for damages
• A lower credit score
• A potential bad reference in the future