Arkansas Renters’ Rights During Landlord Foreclosure

If you rent a home or apartment in Arkansas, it’s important to know where you stand if your landlord’s property goes into foreclosure. Understanding your rights as a tenant under Arkansas law can help you stay protected and make informed decisions during this stressful time.

What Happens When a Rental Property Is Foreclosed?

Foreclosure is a legal process where a lender (usually a bank) takes possession of a property when the owner falls behind on mortgage payments. In Arkansas, there are both judicial and nonjudicial foreclosure processes. If you are a tenant, the property being foreclosed doesn’t automatically mean you have to leave your home right away. Your rights depend on several factors, including your lease and state/federal law.

Your Basic Rights as a Tenant

Here’s what you should know if your rental goes into foreclosure:

• Your current lease may still be valid. If you have a lease, the new owner (often the bank) must usually honor it until it expires, except in some cases where the new owner will live in the property.
• Month-to-month renters must usually be given at least 90 days’ notice before being asked to move.
• The federal Protecting Tenants at Foreclosure Act (PTFA) applies nationwide, including Arkansas.

Notice Requirements and Eviction Protections

Under the PTFA, tenants must be notified in writing at least 90 days before being required to vacate a foreclosed property—if you’re renting month-to-month. Fixed-term lease holders typically have the right to remain until the lease ends, unless the new owner intends to occupy the home as their primary residence (in which case you must still receive 90 days’ notice).

Tip: If you receive a notice of foreclosure, don’t move out immediately. You have rights and time to seek options. If in doubt, reach out to state resources or legal aid organizations for help.

Rent Payments During Foreclosure

As long as the landlord still holds the property title, you must pay rent to your landlord as usual. If ownership changes, you may receive instructions to pay rent to the new owner or their representative. Get written confirmation before sending payments to anyone new.

Official Tenant Forms and What to Do

Arkansas does not issue a dedicated state form for tenant responses to foreclosure. However, you can protect yourself in several ways:

• If you receive a notice to vacate, you may file an answer in the local Circuit Court responding to any eviction action.
  Form: Answer to Complaint/Eviction (no official state number)
  Example: If you believe your lease is still valid, you can use this response to explain your right to remain.
  Find forms and instructions at the Arkansas Courts forms page.

• Notice of Appeal: If the court rules you must move, you can use a Notice of Appeal form to challenge the decision.
  View and download Notice of Appeal forms from the Arkansas Judiciary.

Who Handles Tenant Disputes?

For legal disputes involving rentals and evictions, Arkansas tenants go through the Arkansas Judiciary: Circuit Court. Circuit Courts oversee eviction cases, including those related to foreclosure.

The main Arkansas law covering landlord and tenant responsibilities is the Arkansas Residential Landlord-Tenant Act (Ark. Code § 18-17-101 et seq.)¹.

If You Receive an Eviction Notice

Don’t ignore it. Here are action steps you can take:

• Review the notice for accuracy (dates, reason, correct address).
• Check if proper 90-day notice was given (if applicable).
• File a written response (Answer) at the Circuit Court where the property is located.
• Attend all court hearings—bring your lease, written notices, and any communication.
• Contact Legal Aid of Arkansas for free assistance if you cannot afford an attorney.

Being proactive and organized improves your chances of protecting your rights.

FAQ: Arkansas Renters and Foreclosure

1. Can my landlord evict me without notice if the home is foreclosed?
   No. The new owner must provide at least 90 days’ notice for month-to-month renters, or let you stay until your fixed-term lease expires (unless they plan to move in).
2. Do I stop paying rent after foreclosure starts?
   No. Continue paying rent to your landlord until you receive written notice with payment instructions from the new owner. Get all changes in writing.
3. What documents should I keep during foreclosure?
   Keep your lease, rent receipts, all notice letters, and any written communication with your landlord, lenders, or new owners.
4. Who do I contact if I think my rights are being violated?
   You can reach out to Legal Aid of Arkansas or your county’s Circuit Court Clerk for guidance.

To sum up, Arkansas renters have important protections if their landlord’s property goes into foreclosure. Here are the key takeaways:

• You must be given proper written notice (usually 90 days).
• Your lease is generally valid until it expires, unless the new owner plans to live there.
• Know how to respond to eviction notices and where to find official forms.

Need Help? Resources for Renters

• Arkansas Judiciary: Circuit Court – Tenant-landlord dispute handling, court forms
• Arkansas House: Landlord-Tenant Law Overview
• Legal Aid of Arkansas – Free legal help for qualifying renters
• U.S. Department of Housing and Urban Development: Arkansas

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1. See: Arkansas Residential Landlord-Tenant Act (Ark. Code § 18-17-101 et seq.)
2. Federal protection: Protecting Tenants at Foreclosure Act of 2009 (PTFA)
3. Arkansas Judiciary: Tenant forms and court procedures

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