Help! We need some advice. My Husband and I just left our lease early (but we did give a 30 day notice) Actually, we moved out right after paying our rent for August because the air conditioner didn't work properly and the landlord, who is an air conditioner repairman, said "That's all it can do" all of the five times we called him out to fix the problem. Apparently "all it could do" was keep the house at a nice 92 degrees and it ran constantly.Our electric bill was up near $500 for one month We have 5 kids the youngest of which is 3 months old and we went out and bought a window unit to keep our baby cool in the bedroom.
Our problem is this...our landlord won't refund our $700 deposit because we broke our lease. In the lease it states the deposit can only be kept for damages to the property, and there were none.
I would like to take my chances in small claims court, especially after all that man has put us through, such as showing up unannounced often and once at 7AM on a Saturday right outside our window to tear out landscaping and vines with machinery. Also, often times we could not reach him when we needed because he "went to the lake" often without answering his cell or leaving an alternate contact. I can't help but think somewhere in all of this is a just reason for us to get our deposit back.
My husband, on the other hand, wants to leave it alone because he's afraid if we take them to court they will hold us responsible for the rest of the lease. Can they do that once they have rented the property out again?

What does your contract say about breaking the lease, or moving out before the lease is up?

Tenants have very few rights under current Arkansas law. The following information will tell you what limited rights you do have. This information applies only to privately owned rental units and not to government subsidized housing.
When you rent a house or apartment, you usually agree to take it "as is". This means that the landlord does not have to provide additional maintenance to the dwelling. There are, however, city building codes to protect your health and safety. If you have health or safety problems with your dwelling, contact the City Housing Inspector to find out if your landlord has violated housing codes.
The landlord may not have to make repairs to your dwelling unless there is an agreement to do so, either written or oral, that can be proven. Such agreements should be made in writing.
If a landlord does not live up to his end of the bargain or do what he says he will do, the tenant should still pay rent. Tenants may have some recourse such as going to small claims court, renegotiating the terms of your lease agreement, moving or seeking the advice of a private attorney.
Both oral and written lease agreements are binding. In most cases it is better to have a written agreement so there are no misunderstandings about each party’s responsibilities.
If you plan to move and have an oral lease agreement, you must give one rental period’s notice, before the next rent is due.
If you plan to move and have a written lease agreement, you must give notice according to the provisions of your lease.
http://www.ag.state.ar.us/consumer/ltenant.html

But what you have provided me with is a simple renters agreement. If you have say a 6 month lease, and you want to move before the 6 months is up, there are penalties involved, that is why I asked you what your LEASE says. It is the most important right now, since you stated you are under lease there.

The lease states that after 12 months if we choose to move we must give a 30 day notice. It does not specifically address any penalty if we leave early.

It doesn't have to. If you break your lease, you owe for the term of the lease.
Though Judges rarely award the LL the rest of the monies owed for the term. If your landlord decides to take you to court, it is likely that he will be awarded at least one months rent.

Thanks Brook for the further information, I wasn't sure what the landlord could get, or if he could get all the months of rent.

Help! We need some advice. My Husband and I just left our lease early (but we did give a 30 day notice) Actually, we moved out right after paying our rent for August because the air conditioner didn't work properly and the landlord, who is an air conditioner repairman, said "That's all it can do" all of the five times we called him out to fix the problem. Apparently "all it could do" was keep the house at a nice 92 degrees and it ran constantly.Our electric bill was up near $500 for one month We have 5 kids the youngest of which is 3 months old and we went out and bought a window unit to keep our baby cool in the bedroom.
Our problem is this...our landlord won't refund our $700 deposit because we broke our lease. In the lease it states the deposit can only be kept for damages to the property, and there were none.
I would like to take my chances in small claims court, especially after all that man has put us through, such as showing up unannounced often and once at 7AM on a Saturday right outside our window to tear out landscaping and vines with machinery. Also, often times we could not reach him when we needed because he "went to the lake" often without answering his cell or leaving an alternate contact. I can't help but think somewhere in all of this is a just reason for us to get our deposit back.
My husband, on the other hand, wants to leave it alone because he's afraid if we take them to court they will hold us responsible for the rest of the lease. Can they do that once they have rented the property out again?

There is an assumed habitibility clause in a lease. If there is an AC, it is supposed to work. If you have children, and he refused to fix the AC, you have grounds for taking him to court.

Make a phone call and ask the people that deal with this every day.

Department of Housing & Urban Development

TCBY Tower

425 West Capitol Avenue, Suite 900

Little Rock, AR 72201

(501) 324-6269