Breaking a lease in Arkansas

The landlord-tenant act gives no general right to end a fixed-term lease early. A soldier or airman of the Arkansas National Guard, or the spouse of one, may end the lease of the primary residence when the soldier or airman is ordered by the Governor into active service for more than 180 continuous days, assigned to a permanent change of duty station more than 50 miles from the primary residence, or discharged or released from active military service under honorable conditions after at least 180 continuous days of active military duty. Federal servicemember law also applies.

Ark. Code Ann. § 12-62-705(a) Ark. Code Ann. § 12-62-704 50 U.S.C. § 3955

• The written notice goes to you or your agent by mail, courier or personal delivery with a written receipt, states the service dates and the commanding officer's contact details, claims the benefit of the law, and comes with the current month's and next month's rent and regular monthly charges, less any prepaid sums and deposit you hold. Ark. Code Ann. § 12-62-705(b)
• After a lease ends, you have a right to possession, to rent, and to a separate claim for actual damages for breach and reasonable attorney's fees. Ark. Code Ann. § 18-17-703
• Arkansas's domestic abuse law protects a victim from being evicted or refused because of the abuse but does not give a right to end the lease early. Ark. Code Ann. § 18-16-112 See Retaliation on the Arkansas page
• For the Arkansas National Guard benefit, primary residence means the rented home listed as the soldier, airman or spouse's primary residence in an official military record, or a rented home whose rent is paid using the housing allowance issued by the Arkansas National Guard. Apply that definition together with the service and notice conditions above; the state benefit is separate from federal servicemember law. Arkansas Legislature Code access: 12-62-704(a), 12-62-705

You or the tenant may end a month-to-month tenancy with written notice given at least 30 days before the termination date named in the notice. A week-to-week tenancy needs at least seven days' written notice.

Ark. Code Ann. § 18-17-704(a), (b)

• Unless the rental agreement sets a definite term, the tenancy is week to week for a roomer who pays weekly rent and month to month in every other case. Ark. Code Ann. § 18-17-401(c)
• If the tenant stays without your consent after the term or tenancy ends, you may sue for possession; if the holdover is not in good faith you may recover reasonable attorney's fees, and if it is willful you may also recover up to three months' periodic rent or twice your actual damages, whichever is greater. Ark. Code Ann. § 18-17-704(c)