What Happens if You Have to Terminate Your Lease Early?
In a perfect world, we would all stay in the same rental for the entirety of our lease, never needing to move or find another place for any reason at all. In this perfect world, landlords and tenants would never have any issues, and the renting process would be simple and stress-free.
Unfortunately, we don’t live in a perfect world, and there are lots of reasons why a tenant might need to break a lease before its designated end. Landlords, who plan on receiving the income that they are legally entitled to in the terms of the lease, generally don’t take kindly to early lease termination, no matter what the reason might be.
Legally protected early termination
When signing a lease, you are responsible for paying rent for the entirety of the time that’s specified in the document. However, there are a handful of exceptions to this rule. If one of these exceptions applies to you, it might make the process of early termination much easier for you and can absolve you of the responsibility of rent payment.
The state of Arkansas has protections in place for victims of domestic violence that may allow them to terminate a lease early without penalty. In order to do this, you might have to show some documentation, like an order of emergency protection or protective order, but if you follow the correct steps you will be legally permitted to find another place safely and without financial consequence.
It’s also possible to break a lease in Arkansas early if you start active military duty during a lease. You may be required to pay one more month, but will not need to pay the remainder of the rent for the whole term of the lease.
Finally, if the landlord fails to provide a place to live that fits into Arkansas’ definition of a habitable residence, you are allowed to break the lease and move out early.
Some of the things that are required for a habitable residence are sufficient hot water, heat, sturdy floors and walls without structural damage and without danger of collapse, protection from intrusion, and an absence of hazards from lead, asbestos, and mold.
If you are leaving for one of these reasons, you may have to hire a lawyer and should therefore document absolutely everything you can about your living conditions to use as potential proof in court.
Tenant laws and protections in Arkansas
Unlike many states, Arkansas landlords are not required to make a reasonable effort to find a replacement tenant when a lease is broken before forcing the departing tenant to pay the entirety of the owed rent from their lease period.
If you choose to move out without trying to work something out with your landlord, you are likely to be sued and taken to small claims court by your landlord, where you may have to pay as much as $5,000.
Best practices for early termination of a lease
There are a few things you can do in order to best protect yourself from legal and financial penalties as a result of breaking a lease.
First, you should thoroughly read over your lease agreement. You might find information in there about your landlord’s policies for lease termination that allow you to pay a fee rather than the entirety of the rent for the rest of the rental period.
The best thing you can do is communicate with your landlord as much as possible. Let them know that you plan on moving and specify why, with plenty of notice. For a month-to-month lease, you have to give notice at least 30 days before you plan to vacate; for a longer lease, the maximum possible amount of notice is preferable.
You can even make the effort to find a replacement tenant. If you find someone who’s interested in renting your apartment, who also has good credit and references, it will prevent the landlord from taking a lot of time to find a replacement tenant themselves. What the landlord wants is an uninterrupted source of income– something they won’t get if the unit is sitting empty for several months.
Ultimately, your best bet for a hassle-free relocation is to communicate thoroughly and honestly with your landlord, and to read and understand your lease agreement in its entirety.
Moving can be incredibly stressful, even if you don’t have to deal with the legal repercussions of terminating a lease. Thankfully, the process of finding a new rental can be stress-free with the help of Apartment Hunters. Fill out the formon our website, letting us know the details of your ideal next rental, and we’ll do the hunting for you. You’ll be settled into your new home in no time!
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Legally Permitted Early Termination
If you are faced with certain legally protected circumstances, such as an order of emergency protection or a protective order, you may be legally permitted to terminate your lease early. In these cases, you will need to provide the necessary documentation to your landlord, but if you follow the proper steps, you can find another place to live safely and without financial consequence.
Additionally, if the landlord fails to provide a habitable residence that meets Arkansas' standards, such as sufficient hot water, heat, and protection from hazards, you are allowed to break the lease and move out early. It is important to document any issues with the property and try to work something out with the landlord before taking this step.
Navigating Early Termination
For a month-to-month lease, you must give at least 30 days' notice before vacating. For longer leases, the maximum possible amount of notice is preferable. If you can find a suitable replacement tenant with good credit and references, it may prevent the landlord from taking significant time to find a new tenant.
It's important to be aware of the potential consequences of breaking a lease without legal justification. If you choose to move out without trying to work something out with your landlord, you may be sued and taken to small claims court, where you could be required to pay as much as $5,000.
