Arkansas Subletting, Lease Endings & Tenant Death
Arkansas rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: The Arkansas Attorney General advises that a tenant typically must get the landlord's prior approval to sublet, and that a tenant who sublets should get written direction from the landlord stating the amount of rent that can be collected from the subtenant. Arkansas Attorney General, Landlord and Tenant Rights
The rules in Arkansas
| Subletting | The Arkansas Attorney General advises that a tenant typically must get the landlord's prior approval to sublet, and that a tenant who sublets should get written direction from the landlord stating the amount of rent that can be collected from the subtenant. |
|---|---|
| When the lease ends | If a tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession; if the holdover is not in good faith the landlord may recover reasonable attorney's fees, and if it is a willful violation of the act or the lease the landlord may also recover up to three months' periodic rent or twice actual damages, whichever is greater, plus attorney's fees. If the landlord consents to the tenant staying, the tenancy is week-to-week for a roomer paying weekly rent and otherwise month-to-month. Either side may end a month-to-month tenancy with written notice at least 30 days before the termination date (7 days for week-to-week). Read on codes.findlaw.com (a public copy of the official code); check against the official code. |
Arkansas vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Arkansas | The Arkansas Attorney General advises that a tenant typically must get the landlord's prior approval to sublet, and that a tenant who sublets should get written direction from the landlord stating the amount of rent that can be collected from the subtenant. Arkansas Attorney General, Landlord and Tenant Rights | If a tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession; if the holdover is not in good faith the landlord may recover reasonable attorney's fees, and if it is a willful violation of the act or the lease the landlord may also recover up to three months' periodic rent or twice actual damages, whichever is greater, plus attorney's fees. If the landlord consents to the tenant staying, the tenancy is week-to-week for a roomer paying weekly rent and otherwise month-to-month. Either side may end a month-to-month tenancy with written notice at least 30 days before the termination date (7 days for week-to-week). Ark. Code Ann. §§ 18-17-704, 18-17-401(c) | Not verified yet |
| Louisiana | A tenant has the right to sublease, and either party may assign or encumber its rights in the lease, unless the lease expressly prohibits it (Civil Code art. 2713). In a lease of an immovable, a clause banning any one of subleasing, assigning or encumbering is treated as banning all three unless a different intent is stated; otherwise such clauses are read strictly against the landlord. A subtenant or assignee gets no greater right to use the property than the tenant had (art. 2713.1). La. C.C. arts. 2713, 2713.1 | A lease with a fixed term ends when the term runs out, without any notice, unless it is reconducted or extended (Civil Code art. 2720). 'Reconduction' (automatic renewal) happens if the tenant stays on after the term ends without a notice to vacate or other objection from either side: for one week for most fixed-term leases longer than a week, one day for leases of a week or less, or 30 days for agricultural leases (art. 2721). A reconducted home lease of a month or longer becomes month-to-month, and all the lease terms continue (arts. 2723-2724). A reconducted lease is ended by giving the notice required by arts. 2727-2729. La. C.C. arts. 2720, 2721, 2723, 2724 | A lease does not end when the tenant (or the landlord) dies (Civil Code art. 2717). The lease continues, so it must be ended under its own terms or by the notice rules for leases. La. C.C. art. 2717 |
| Mississippi | Not verified yet | A rental agreement with a definite term expires on the date stated in it. After it expires, the landlord may give the tenant written notice (or email or text notice if the tenant agreed to that) that the tenant is holding over and that eviction proceedings will start no sooner than three days after the notice. The landlord may also demand a rent increase after expiration, unless the landlord's dominant purpose is retaliation against the tenant for actions authorized by the landlord-tenant act and the landlord had received written notice of each condition involved. Miss. Code Ann. §89-8-17 | Not verified yet |
| Missouri | A tenant with a term of two years or less, or a tenant at will or by sufferance, may not assign or transfer the lease or any part of it to someone else without the landlord's written consent (RSMo 441.030). If the tenant does so, the landlord may, after ten days' notice to vacate, re-enter and take possession or remove the tenant or subtenant by the procedure specified by law (RSMo 441.040). RSMo 441.030; RSMo 441.040 | No notice to quit is needed when a lease is set to end on a certain date, or when notice is waived by special agreement (RSMo 441.070). A tenant who willfully stays after the lease term ends, after a written demand for possession, must pay double the yearly value of the property for the time the owner is kept out (RSMo 441.080). A month-to-month tenancy may be ended by either party with written notice that it ends on a rent-paying date at least one month after the notice is received (RSMo 441.060.4), and a year-to-year tenancy by written notice at least 60 days before the end of the year (RSMo 441.050). RSMo 441.070; 441.080; 441.060; 441.050 | Not verified yet |
| Oklahoma | A tenant whose lease is for two years or less, or who is a tenant at will or by sufferance, may not assign or transfer the tenancy or any part of it without the landlord's written consent. If the tenant does so anyway, the landlord may give 10 days' notice to quit and then re-enter and remove the tenant and any subtenant. Sublessees have the same remedies against the original landlord on the original lease covenants as against their immediate lessor. 41 O.S. §§ 10, 11, 14 | A lease for a definite term ends on its ending date without notice unless the parties agreed otherwise. If the tenant stays without the landlord's consent, the landlord may sue right away for possession and damages, and if the holdover is willful and not in good faith, may also recover up to twice the average monthly rent (prorated daily) for each month or part of a month the tenant stays. If the landlord consents to the tenant staying, a month-to-month tenancy is created unless the parties agree otherwise. 41 O.S. § 111(C), (D) | On the landlord's written request, a tenant must name an emergency contact and sign a statement authorizing the landlord, if the tenant dies, to let that person into the unit, remove the tenant's belongings and receive the deposit refund. When a tenant who lived alone dies, the landlord may remove and store the belongings, must turn them over to the designated person or anyone else legally entitled who asks before they are discarded, and must refund the deposit (less lawful deductions, including removal and storage costs). The landlord may discard the property only after a certified-mail request to the designated person goes unanswered for 30 days after the postmark and no one has claimed it. A landlord who knowingly violates these rules is liable to the estate for actual damages. 41 O.S. § 130.1 |
| Tennessee | Not verified yet | A tenant who stays after the lease ends without the landlord's consent is a holdover: the landlord may sue for possession, back rent, reasonable attorney's fees and other damages the lease provides, plus actual damages and attorney's fees if the holdover is willful and not in good faith. A month-to-month tenancy can be ended by either side with written notice at least 30 days before the rent date named in the notice; a week-to-week tenancy with at least 10 days' written notice. The section sets no holdover rent multiple and does not address automatic-renewal clauses. Tenn. Code Ann. § 66-28-512 | Not verified yet |
| Texas | During the lease, a tenant may not rent the place to anyone else without the landlord's prior consent. The statute does not set a standard for when the landlord must give consent. Tex. Prop. Code § 91.005 | A month-to-month tenancy can be ended by either side with notice; it ends on the later of the date in the notice or one month after notice is given (for rent periods under a month, one rent period), unless a signed agreement sets a different notice period. Texas's landlord-tenant chapters contain no rule on automatic-renewal clauses and no holdover rent penalty, so the lease controls those points. Tex. Prop. Code § 91.001; Tex. Prop. Code chs. 91 and 92 (reviewed) | If a tenant who was the only occupant dies before the lease ends, the estate's representative can end the lease and avoid future rent by giving the landlord written notice, removing the tenant's belongings, and signing an inventory if asked; the lease ends on the later of 30 days after notice or when all conditions are met. The estate still owes unpaid rent and damage beyond normal wear. The landlord may remove and store the belongings and must turn them over to the tenant's designated contact or another person lawfully entitled, and must refund the deposit, minus lawful deductions, to that person. Unclaimed property may be discarded after a certified-mail request and 30 days. Tex. Prop. Code §§ 92.0162, 92.014 |
City rules that may add to state law
More Arkansas rental law
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- Arkansas Rent Increase & Late Fee Laws
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- Squatters' Rights in Arkansas
- Arkansas Rental Fee Rules
- Arkansas Section 8, Records & Right to Counsel
- Arkansas Mold, Pests, Heat & AC Rules
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- Arkansas Landlord Selling the House
- Arkansas Lockouts, Utility Shutoffs & Retaliation
- All Arkansas landlord-tenant rules
- Free legal help in Arkansas
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Arkansas Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in Arkansas?
The Arkansas Attorney General advises that a tenant typically must get the landlord's prior approval to sublet, and that a tenant who sublets should get written direction from the landlord stating the amount of rent that can be collected from the subtenant. (Arkansas Attorney General, Landlord and Tenant Rights)
What happens when my lease ends in Arkansas?
If a tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession; if the holdover is not in good faith the landlord may recover reasonable attorney's fees, and if it is a willful violation of the act or the lease the landlord may also recover up to three months' periodic rent or twice actual damages, whichever is greater, plus attorney's fees. If the landlord consents to the tenant staying, the tenancy is week-to-week for a roomer paying weekly rent and otherwise month-to-month. Either side may end a month-to-month tenancy with written notice at least 30 days before the termination date (7 days for week-to-week). (Ark. Code Ann. §§ 18-17-704, 18-17-401(c))
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.