An Arkansas sublease agreement is a document used to allow a tenant to rent part (or all) of their rental property to a “subtenant”.
It’s important to understand that with a sublease in Arkansas, the subtenant living at the property will be subject to the terms and conditions of the original lease agreement the initial tenant has with the landlord or property manager. Despite this, the sublessor would be held liable for any lease violations or damage caused to the property, and ensuring that rent is paid on time.
Free Template Download
Download this blank and fillable Arkansas sublease agreement form into MS Word (.docx) or Adobe PDF. To save time and ensure everything is filled out correctly, we recommend using our free Arkansas sublease agreement builder or reading our steps on how to write an Arkansas sublease agreement below.
How to Write an Arkansas Sublease Agreement
- Select the type of property — Common sublets are single-family homes, apartments, condos, duplexes, and individual rooms.
- List current tenants — Include your own name as well as any other individuals named in your original lease agreement.
- Detail where all notices and rent should be sent — In many cases, this is the address of the rental property, but it could be another relevant address.
- Provide names of subtenants — List the name or names of everyone who’ll be subleasing the property.
- List the landlord from the existing lease — The property owner, management company, or other landlord from the existing lease must be named on the sublease agreement.
- Include a copy of the original lease — Attaching a copy of your original Arkansas lease agreement will help provide additional protection for all involved parties.
- Note the property address — The address of the house or apartment that is being subleased must included in the new agreement.
- Add any further property details — It’s always best to include as much information about the property as possible. Include the number of bedrooms, bathrooms, storage spaces, common areas and furnishings available for use by the subtenant..
- Provide a lease date — Both the beginning and end dates of the Arkansas sublease should be clearly stated.
- Calculate rent to be collected and paid — The full amount of the rent as well as the subtenant’s portion of the rent should be noted. Any additional fees or utilities owed each month should also be included. If there are services being split, details regarding this should also be noted (i.e. housekeeping, lawn care, etc.).
- Add restrictions — Any restrictions on how the property may be used should be included. This may include whether pets are allowed or if smoking is allowed in the building.
Arkansas Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Arkansas. Once you’ve filled out an Arkansas sublease agreement, you will effectively be responsible for your subtenant.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Arkansas laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Arkansas Landlord-Tenant Laws: Title 18, Subtitle 2 of the Code of Arkansas
In Arkansas, a sublessor must:
- Give a subtenant 3 days written notice to pay rent or leave
- Return the security deposit within sixty days (60) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Arkansas Sublease FAQs
Is it legal to sublease a house or apartment in Arkansas?
Yes, it is legal to sublease a house or apartment in Arkansas unless the original lease specifically forbids it.
Is it necessary to obtain permission to sublet property in Arkansas?
Yes, the existing tenant needs to obtain permission from the owner or property manager before subletting property in Arkansas. If there is a prohibition on subletting in the original lease agreement, written permission must first be obtained.
How can a sublease agreement be canceled?
Under the laws of Arkansas, the sublessor must follow all eviction processes required by any other landlord to cancel a sublease agreement, and remove the subtenant from the property.
If a subtenant wants to cancel a sublease agreement, they should first ask the sublessor to see if they’ll allow the sublease to be canceled early. If both parties mutually agree to end the sublease, the subtenant can leave the property. Otherwise, give the sublessor advance notice of your intent to move according to the terms of the agreement.
Additionally, consult the sublease agreement to see if there are any penalties for canceling early such as termination fees or forfeiture of a security deposit.