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Arkansas Code Title 12. Law Enforcement, Emergency Management, and Military Affairs § 12-62-705. Residential leases

Current as of March 28, 2024 | Updated by Findlaw Staff

(a) A soldier, an airman, or the spouse of a soldier or airman may terminate and cancel the lease for the primary residence of the soldier, the airman, or the spouse of the soldier or airman if the soldier or airman is:

(1) Ordered to active military service for more than one hundred eighty (180) continuous days under § 12-62-704;

(2) Assigned to a permanent change of duty station that is located more than fifty (50) miles from the primary residence; or

(3) Discharged or released from active military service:

(A) After at least one hundred eighty (180) continuous days of active military duty; and

(B) Under honorable conditions.

(b) The soldier, the airman, or the spouse of the soldier or airman may terminate and cancel the lease for the primary residence of the soldier, the airman, or the spouse of the soldier or airman as follows:

(1) The soldier, the airman, the spouse of the soldier or airman, or the attorney-in-fact or lawfully appointed agent of the soldier, the airman, or the spouse of the soldier or airman shall deliver a written notice to the lessor or the lessor's agent by any manner of mail, courier, or personal delivery accompanied by a written receipt as evidence of delivery;

(2) The written notice shall state:

(A) The beginning date, and the ending date if known, that the soldier or airman has been ordered into the military service of the state;

(B) The unit name, address, and telephone number of the soldier's or airman's commanding officer or military superior who may verify the authenticity of the orders and where the soldier, the airman, or the spouse of the soldier or airman may be written; and

(C) That the soldier, the airman, or the spouse of the soldier or airman claims the benefits of this subchapter and gives written notice that his or her lease will be terminated as provided by this subchapter; and

(3)(A) The written notice shall be accompanied by:

(i) Payment of the current month's rent and any monthly charges regularly assessed as a monthly consideration of the lease; and

(ii) Payment of the next month's rent and any monthly charges regularly assessed as a monthly consideration of the lease that shall accrue through the last day of the next month following the month during which the written notice was mailed or delivered.

(B) Any prepaid monthly consideration, security deposit, or other sums held by the lessor may be deducted from the payment amounts.

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Cite this article: FindLaw.com - Arkansas Code Title 12. Law Enforcement, Emergency Management, and Military Affairs § 12-62-705. Residential leases - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-12-law-enforcement-emergency-management-and-military-affairs/ar-code-sect-12-62-705/

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