Arkansas Notice to Tenants of Intent to Sell
AI-guided drafting builds an Arkansas compliant Notice of Intent to Sell that reflects the state rule that a sale never ends the lease, since the buyer takes the property subject to the tenant's existing terms. Arkansas sets no statutory minimum notice before showing under Ark. Code 18-17-602, so this guide keeps you compliant and professional, with attorney-review available before delivery.
Introduction
So you want to sell your Arkansas rental while a tenant is still living there. Good news: Arkansas law is built to keep the tenancy intact through the sale. Selling doesn't end an existing lease. The new owner simply takes the property subject to the tenant's rights. Arkansas law, including Ark. Code § 18-17-602, gives you the right to enter for showings, though it doesn't set a minimum notice period. Even so, sending a written Notice of Intent to Sell is a smart move. It sets expectations, keeps you compliant, and helps the handoff to the new owner go smoothly while respecting the tenant's right to stay.
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Key Things to Know
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This is a heads-up, not a notice to move out or a change to the lease. Its job is purely to inform.
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For a solid record that you delivered it, use certified mail with return receipt requested, or hand it over in person and have the tenant sign for it.
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A core rule of Arkansas property law: selling the title doesn't wipe out an existing lease. The buyer takes the property subject to the tenant's rights.
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Under Ark. Code § 18-17-602, you have a protected right to show the property to possible buyers, and a tenant can't unreasonably refuse.
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For month-to-month tenancies, any new owner who wants to end the tenancy still has to follow Ark. Code § 18-17-704, which requires at least 30 days' written notice.
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When ownership transfers, so does responsibility for the tenant's security deposit. It passes from the seller to the buyer, who then handles it going forward.
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Arkansas doesn't publish an official form for this. A clearly written notice that spells out everyone's rights and duties is accepted and legally enough.
Key decisions before you file
Before you file a Notice to Tenants of Intent to Sell in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.
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Arkansas Requirements for Notice to Tenants of Intent to Sell
Lease Survives the Sale
The buyer takes the property subject to the existing lease under Arkansas doctrine. The tenant keeps possession on the same rent, term, and written rights, with the new owner assuming the landlord role.
Month-to-Month Termination
If the tenancy is month-to-month, termination requires at least 30 days' written notice before the next periodic rental date under Ark. Code § 18-17-704. A sale does not shorten this period.
Entry for Showings
Showing the unit to prospective purchasers is a lawful reason for landlord entry under Ark. Code § 18-17-602, and tenants may not unreasonably withhold consent.
No Statutory Entry Notice
Arkansas law does not set a statutory minimum notice period before a landlord enters to show the unit. Any advance notice commitment is a courtesy or a lease term, not a state mandate.
Security Deposit Transfer
The selling landlord must transfer the security deposit to the new owner at closing. The new owner then becomes responsible for holding and returning the deposit per the lease and state law.
Written Notice Format
Because Arkansas has no official state form, notice must be a clear written letter identifying the property, parties, sale, and confirming that the tenant's lease continues after the ownership transfer.
Proof of Delivery
No delivery method is mandated by statute, so landlords should use a provable method like certified mail with return receipt or hand delivery with a signed acknowledgment copy.
Governing Law
The landlord-tenant relationship, including landlord access and periodic tenancy termination, is governed by the Arkansas Residential Landlord-Tenant Act of 2007 (Ark. Code § 18-17-101 et seq.).