Arkansas Landlord Selling the House
Arkansas rules on landlord selling the house for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Arkansas's security-deposit law binds whoever holds the landlord's interest when the tenancy ends: a transferee, assignee or other successor landlord is bound by the security-deposit subchapter. Ark. Code Ann. § 18-16-302
The rules in Arkansas
| If the landlord sells the property | Arkansas's security-deposit law binds whoever holds the landlord's interest when the tenancy ends: a transferee, assignee or other successor landlord is bound by the security-deposit subchapter. The statutes reviewed do not set a notice the seller or buyer must give the tenant about the sale. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The deposit subchapter applies only to landlords who rent six or more dwellings, according to the Attorney General. Source: Ark. Code Ann. § 18-16-302 |
|---|---|
| Tenants in foreclosure | No state statute found protecting tenants when a rental is foreclosed or sold. Tenants rely on the federal Protecting Tenants at Foreclosure Act (90-day notice). |
Related questions
Arkansas vs. neighboring states
| State | If the landlord sells the property | Tenants in foreclosure |
|---|---|---|
| Arkansas | Arkansas's security-deposit law binds whoever holds the landlord's interest when the tenancy ends: a transferee, assignee or other successor landlord is bound by the security-deposit subchapter. The statutes reviewed do not set a notice the seller or buyer must give the tenant about the sale. Ark. Code Ann. § 18-16-302 | No state statute found protecting tenants when a rental is foreclosed or sold. Tenants rely on the federal Protecting Tenants at Foreclosure Act (90-day notice). Ark. Code Ann. Title 18, Ch. 17 (checked) |
| Louisiana | Selling the rental does not end the lease (Civil Code art. 2711). The buyer does not automatically take over the old landlord's rights and duties under the lease unless the buyer assumes them, and the tenant can sue the old landlord for any loss caused by the transfer (arts. 2711-2712). For the security deposit, when the landlord's interest is transferred during the lease, the old landlord must transfer the deposit to the new owner and is then released; the new owner is responsible for returning it at the end of the lease (R.S. 9:3251(B)). La. C.C. arts. 2711, 2712; La. R.S. 9:3251(B) | No state tenant-specific foreclosure protection was found. Under the Civil Code, a lessor's transfer does not end the lease between lessor and tenant, but a third person who acquires an immovable subject to an UNRECORDED lease is not bound by it. The tenant's remedy is a damages claim against the old landlord (unless the lease says otherwise). A lease has effect against third persons only once filed for registry. Federal PTFA 90-day notice protections apply separately in foreclosures. La. C.C. arts. 2711, 2712, 2681.1 (as revised by Acts 2026, No. 240, eff. Aug. 1, 2026) |
| Mississippi | Mississippi's security deposit law says the deposit is held by the landlord for the tenant and the balance must be returned within 45 days after the tenancy ends; it makes the 'landlord or his transferee' liable for damages for keeping a deposit in violation of the section. The section does not spell out how a deposit must be handed over when the property is sold or what notice the tenant gets. Miss. Code Ann. §89-8-21(2)-(4) | Not verified yet |
| Missouri | Not verified yet | After a foreclosure sale, the new owner must give the residential tenant written notice (certified/registered mail, plus posting on the door) that the sale happened, who the new owner is, and that the tenant has at least 10 business days to leave. No eviction case can be filed within those 10 business days. The notice does not create a tenancy with the new owner. Federal PTFA rights are separate. RSMo 534.030.2-.3 |
| Oklahoma | A landlord can sell the rental without the tenant's agreement (attornment). Rent the tenant pays to the old owner before getting written notice of the sale counts against the buyer. Once the tenant gets written notice that the owner's interest has ended (by sale, assignment, death or otherwise), the tenant pays future rent to the new owner; the old owner is released from obligations for later events, and the successor owner is liable for all obligations under the rental agreement and the Residential Landlord and Tenant Act. 41 O.S. §§ 114, 119(A), (C) | No foreclosure-specific statute. The Act's general rule for any end of the owner's interest (sale, assignment, death, bankruptcy, receivership or otherwise) applies: rent paid to the old owner before the tenant gets written notice of the transfer counts against the new owner; after written notice, the tenant pays future rent to the successor, who is liable for the landlord's obligations under the rental agreement and the Act (§ 119). Alienees of landlords have the same rights and duties as the landlord (§ 114). The federal Protecting Tenants at Foreclosure Act also applies (90-day notice; existing leases honored with limited exceptions). 41 O.S. §§ 114, 119; 12 U.S.C. § 5220 note (PTFA) |
| Tennessee | When a landlord sells a rental in good faith to an unrelated buyer, the seller stays responsible under the lease and the landlord-tenant law until the tenant gets written notice of the sale and the security deposit is transferred to the buyer. After both happen, the seller is released for later events, unless the parties agreed otherwise. The statute does not say the sale ends the lease. Tenn. Code Ann. § 66-28-305 | Not verified yet |
| Texas | When the owner's interest ends by sale (or assignment, death, receivership, bankruptcy or otherwise), the new owner becomes liable for returning security deposits from the date it takes title. The new owner must give the tenant a signed statement saying it has acquired the property, is responsible for the deposit, and stating the exact deposit amount. The former owner stays liable for a deposit it received until the new owner receives the deposit or assumes the liability, unless a written contract says otherwise. These rules do not apply to a mortgage lender that takes title by foreclosure. Tex. Prop. Code § 92.105 | If a building is bought at a tax foreclosure sale or trustee's foreclosure sale under a lien superior to the lease, and the residential tenant timely pays rent and is not otherwise in default, the purchaser must give at least 30 days' written notice to vacate if it chooses not to continue the lease. Rent is timely if, in the month of sale, the tenant paid the landlord before receiving notice that a sale was scheduled, or pays the lienholder/purchaser within 5 days after receiving written notice of the purchaser's name and address requesting payment. A foreclosing lienholder may notify tenants before the sale. A tenant who holds over after foreclosure is a tenant at sufferance. Tex. Prop. Code Sec. 24.005(b); 24.002(a)(2) |
City rules that may add to state law
More Arkansas rental law
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- Free legal help in Arkansas
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Arkansas Landlord Selling the House FAQ
What happens to my lease if my landlord sells the house in Arkansas?
Arkansas's security-deposit law binds whoever holds the landlord's interest when the tenancy ends: a transferee, assignee or other successor landlord is bound by the security-deposit subchapter. The statutes reviewed do not set a notice the seller or buyer must give the tenant about the sale. (Ark. Code Ann. § 18-16-302)
What are tenants' rights in a foreclosure in Arkansas?
No state statute found protecting tenants when a rental is foreclosed or sold. Tenants rely on the federal Protecting Tenants at Foreclosure Act (90-day notice). (Ark. Code Ann. Title 18, Ch. 17 (checked))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.