Renting a home that was foreclosed in Arkansas: your rights

Your rights as a renter in Arkansas, in order

1. Federal 90-day floor

   At least 90 days after written notice

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant must get written notice at least 90 days before the move-out date. A lease signed before the foreclosure usually runs to its end unless the buyer will live in the home, and that buyer must still give 90 days. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702 (12 U.S.C. § 5220 note); Pub. L. 115-174 § 304

2. Who counts as a bona fide tenant

   Checked when title passes

   You are not the former owner or the owner's child, spouse or parent, the lease was an arm's length deal, and the rent is not far below market unless a government subsidy lowers it. Section 8 voucher holders keep their lease and housing contract, and the new owner can end it early only if it will live there and gives 90 days' notice.

   Pub. L. 111-22 § 702; 42 U.S.C. § 1437f(o)(7)

3. The buyer must go to court

   After the sale

   After an Arkansas statutory foreclosure sale, the buyer is entitled to possession and can ask the circuit court for a writ of assistance or file an eviction case. Legal aid says a landlord must get a court order before the sheriff can remove a tenant. The federal notice rules still apply to a bona fide tenant.

   Ark. Code Ann. § 18-50-107(f)

4. Act fast if you are served

   Within days of service

   Arkansas eviction deadlines are short. If you get court papers, file a written objection or answer with the circuit clerk by the deadline on the papers, or you may lose by default. Call Legal Aid of Arkansas the same day.

5. No lockouts or utility shutoffs

   Any time

   Legal aid in Arkansas says changing the locks, removing doors or belongings, or shutting off utilities to force you out without a court order is an illegal self-help eviction. If your utilities are cut, call the utility company first and ask about putting service in your name.

6. Your security deposit

   Within 60 days after you move out

   The Arkansas Attorney General says a landlord who rents six or more dwellings must return your deposit within 60 days after you move out, less damage and past due rent, with a written itemized list of deductions. Ask the new owner in writing whether it received your deposit, and keep copies.

Common questions in Arkansas