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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

  1. 1

    This is a heads-up, not a notice to move out or a change to the lease. Its job is purely to inform.

  2. 2

    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.

  3. 3

    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.

  4. 4

    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.

  5. 5

    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.

  6. 6

    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.

  7. 7

    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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Formal Notice to Tenants of Intent to Sell Property in Arkansas

RE: Intent to Market and Sell the Property Located at:

Tenant(s) of Record:

Current Property Owner / Landlord:

Date of Issuance:

I. Purpose of This Notice

This is a formal written notice, following accepted property-management practice in the State of Arkansas, that the owner of the property above plans to put it on the market for sale. The point of this notice is to give you a clear, complete picture of what happens during the marketing and sale, and to lay out the rights and duties of everyone involved. Your right to stay under your current lease and under Arkansas law is fully protected, so nothing here asks you to leave.

II. Your Lease Continues After the Sale

A core rule of Arkansas property law is that selling a property from one owner to another does not end or change an existing lease. Your current lease stays fully in force. A buyer takes the property "subject to" your tenancy. That means the new owner steps into the Landlord's shoes and must honor everything in your lease, including the rent amount, the length of the term, and all other promises and conditions. This notice is not a notice to move out, and it does not start any action to end your tenancy. In short, the change in ownership does not change where you live or the deal you already agreed to, and you keep the same protections you have today.

III. What Happens to Your Security Deposit

Along with the transfer of title, the full security deposit held by the current owner will be handed over to the new owner at closing. From that point on, the new owner takes on all the legal and lease responsibilities for holding, managing, and eventually returning your security deposit, exactly as your lease and Arkansas law require. You do not need to do anything to make this transfer happen. It is handled between the current owner and the buyer as part of the closing.

IV. Month-to-Month Tenancies

If you rent month-to-month, the same continuity applies. Your tenancy carries on under the new owner on the same terms. If the current owner or any future owner decides to end a month-to-month tenancy, they must do it in strict step with Ark. Code § 18-17-704. That statute requires at least thirty (30) days' written notice before the end of the current rental period. This notice of sale is separate from that and does not meet that requirement.

V. Landlord's Right of Access for Showings

VI. Acknowledgment of Receipt

Signature of Server: ____________________________

This document gives general legal information and is not specific legal advice. We recommend a professional legal review. For more detail or to create your own compliant document, please visit us at (/legal-document/notice-to-tenants-of-intent-to-sell).

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.).

Frequently Asked Questions

Arkansas sets no statutory notice period, so my lease terms control the timing. I aim for 24 hours as a courtesy, and under Ark. Code § 18-17-602 my tenant can't unreasonably deny a reasonable-time showing.

The buyer takes my property subject to the existing lease, so selling changes nothing for my tenant: same rent, same term, same written rights, with the new owner assuming the landlord role.

Arkansas requires no particular form, so I supply my own written letter identifying the property, the parties, and the sale, and confirming the lease continues after ownership transfers.

Showing the unit to prospective buyers is a lawful reason to enter under Ark. Code § 18-17-602, so my tenant can't unreasonably withhold consent when I give the lease-required notice at a reasonable time.

A month-to-month tenancy carries over to the buyer, and ending it takes at least 30 days' written notice before the next rental date under Ark. Code § 18-17-704. Either party may serve it.

Announce upfront that the property is going on the market, and walk my tenant through how showings will be booked and timed. I close the notice by confirming that a fixed-term lease already signed remains valid in full, with none of its terms altered when ownership passes to a buyer.

Pick a method that generates a dated record showing my tenant received it. Delivering it by hand is straightforward, certified mail with a return receipt gives written proof, and any option the lease authorizes works too. Being able to show receipt later avoids disputes.

Turn the deposit over to the new owner as the sale finalizes, since it carries from me to the buyer at that moment. From there, the buyer holds it and owes it back to my tenant when the tenancy ends, taking over that obligation entirely.