§ 12-62-705 - Residential leases.

12-62-705. Residential leases.

When a soldier or airman is ordered to active military service of the State of Arkansas for more than one hundred eighty (180) days under 12-62-704, the soldier or airman, or the spouse of the soldier or airman, is entitled to terminate and cancel the lease for the primary residence of the soldier, airman, or spouse of the soldier or airman as follows:

(1) The airman or soldier, the spouse of the soldier or airman, or his or her attorney-in-fact or lawfully appointed agent 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 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, airman, or spouse may be written; and

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

(3) (A) The 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 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.