Domestic Violence and splitting the lease

[Jerry Hill]

Hello all,

I find myself this morning in a situation I'm not sure how to proceed. I have a boyfriend/girlfriend living in one of my units and both names appear on the 6 month lease. The Mr. was arrested over the weekend on a Domestic Violence and a possession of a controlled substance charge. She wants to stay in the unit, which I am perfectly fine with, but she would like for him to be off the lease so once he gets out of jail, he can't come back and demand entrance. And I agree that he needs to be off the lease. 

How do I go about getting him off the lease? Am I forced into evicting him? I'd rather not have to go through that arduous process, but at the same time, I need to protect her from anything else happening. 

I am in the state of Arkansas. Let me know your advice? Should I consult an attorney? 

[Greg Scott]

Yes, this is probably worth talking with an eviction attorney.

Just because he was arrested does not allow you to cancel his lease, which is effectively what you want to do.  You will need to have the lease contract invalidated, either through legal action, such as an eviction, or by voluntarily having him give up his lease through a mutual agreement.