Get our Arkansas residential lease termination notice form template here (no sign up): Click here
Read further to learn more about the residential lease termination process in Arkansas and how many days notice are required in which situations.
What is a Lease Termination Notice?
A residential lease termination notice is delivered to a tenant when a landlord requests to end the lease agreement. The ultimate goal of this notice is to have the tenant move out of the property within the specific time frame indicated by Arkansas law.
In Arkansas, month-to-month leases must be terminated according to particular state ordinances. The state law requires that landlords or tenants provide the advance notice prior to terminating a month to month leasing agreement. These month to month agreements may be terminated for any reason, as long as proper notice is given. In the case of a typical month-to-month lease, the landlord must provide a notice of termination 30 days prior to the upcoming rent due date. The same expectations are set of tenants – 30 days advance notice must be provided unless otherwise specified by the landlord in the leasing agreement. It is important to note that failure to comply with the notice timeframe may result in legal repercussions – should the tenant fail to provide notice, or the landlord not provide advance notice, or if the tenant fails to vacate by the given notice date. Therefore, it is important to ensure that all guidelines are followed for proper residential lease terminations.
How to Create an Arkansas Lease Termination Notice
In many cases, a residential lease termination for a lease signed on a month to month basis is relatively simplistic. There are several key points that must be covered to effectively initiate the termination of the lease and ensure that all legal requirements, as set by the state of Arkansas, are met. Furthermore, the tenant is responsible for providing written notice to the landlord 30 days prior to the rent due date for terminations.
This is often the first section of any legal leasing documents and includes information required in order to determine who the termination notice is being delivered too. Typically, this includes the names of the tenants who have signed the month to month leasing agreement, as well as any other tenants who are authorized to occupy the property but are not included in the lease for any reason. Typically, this section also includes the property address for the unit whose lease is being terminated.
Notification of Termination
This section provides the information necessary for the effective termination of the lease. Typically speaking, the termination notice begins by addressing the initial lease, citing the date the lease was originally signed. It will state that the lease, signed on the initial signing date, is being terminated of the last date the tenant is allowed to occupy the property. It is important to ensure that this notice provides the tenant with at least 30 days to find a new residence and vacate the unit.
Some landlords choose to include an optional section here, addressing the property title if the unit is a part of an apartment complex or housing development. This can be important, from a legal standpoint, however, is not necessary if the rest of the document is written correctly.
It is often important, as well, to include a legal disclosure in this section to remind the tenant or tenants that failure to vacate the unit on the given date may result in legal action. It is important that the tenants understand the importance of complying with the termination notice.
Failure to Comply
Here, the landlord may detail any legal actions that may be taken, as well as repercussions through the court, for failure to comply with the termination notice. In many cases, in order to effectively remove tenants who refuse to comply with the termination notice, the landlord must file an eviction claim due to holdover with the courthouse. The landlord may then be issued a writ for forcible entry and detainer to have the tenant removed from the property.
However, it is important to notate that if the landlord fails to provide sufficient notice of termination, the tenant can seek legal counsel and in many cases will be allowed to remain in the unit for at least 30 days after the termination notice was served. It is also important to note that the landlord will be required to return any owned security deposits to the tenants within the required amount of time after the unit as been vacated.
Certification of Delivery
This section certifies that the tenant has received the document that advises them of the lease termination, as well as the date upon which it was received by the tenant. In many cases, this requires the signature of the tenant and the individual – in many cases, the landlord or property owner – who will be delivering the notice of termination. This ensures that the landlord, legally, is protected against any allegations that the tenant was not informed of the notice of termination of the lease, or the effective date.
Furthermore, this document should also include the date upon which the notice was received, as well as the delivery method. For instance, if the landlord is unable to reach the tenant after several attempts, the document may be affixed to the door or other secure, visible area, so that the tenant is aware. However, it must be documented that this was the case and that the landlord attempted to contact the tenant prior to affixing the document to the door. The landlord may also choose to have a copy of this document mailed to the tenant to ensure the receipt.
In some cases, the landlord may choose to have additional expectations of the tenant upon moveout. For instance, some property managers will require the return of the keys at a specific time on the moveout day. Others may require that the tenant provide a 15 day advance notice for the exact date the tenant expects to have successfully vacated the property so that the landlord may begin looking for other individuals who would be interested in tenancy. Other landlords may state that all personal belongings must be removed from the property and the keys turned in no later than the beginning of the day on the day after the tenants move out date – potentially giving the tenant additional hours to move.
Each of these is examples of specific additional information that should be included on the termination document so that the tenant is aware of the moveout expectations.