Idaho Subletting, Lease Endings & Tenant Death
Idaho 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: According to the Idaho Attorney General's manual, unless the lease prohibits it, a tenant may sublet, but the original tenant stays responsible under the lease. Idaho Attorney General, Landlord and Tenant Manual (July 2026), p. 20; Idaho Code § 6-303(4)
The rules in Idaho
| Subletting | According to the Idaho Attorney General's manual, unless the lease prohibits it, a tenant may sublet, but the original tenant stays responsible under the lease. If a tenant assigns or sublets contrary to the lease, that ends the lease, and the landlord may recover possession after serving a 3-day notice to quit. Statute: https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH3/SECT6-303/ |
|---|---|
| When the lease ends | For residential leases, the landlord must give written notice at least 30 days before a nonrenewal of the lease or before a rent increase takes effect. A fixed-term lease can be extended only if both sides agree, per the Attorney General's manual. A tenant who stays after the term without the landlord's permission is guilty of unlawful detainer and can be evicted; a tenancy at will ends with at least one month's written notice from either side. Section 55-304 was renumbered from § 55-307 in 2025. No Idaho statute setting a holdover rent penalty was verified. |
Idaho vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Idaho | According to the Idaho Attorney General's manual, unless the lease prohibits it, a tenant may sublet, but the original tenant stays responsible under the lease. If a tenant assigns or sublets contrary to the lease, that ends the lease, and the landlord may recover possession after serving a 3-day notice to quit. Idaho Attorney General, Landlord and Tenant Manual (July 2026), p. 20; Idaho Code § 6-303(4) | For residential leases, the landlord must give written notice at least 30 days before a nonrenewal of the lease or before a rent increase takes effect. A fixed-term lease can be extended only if both sides agree, per the Attorney General's manual. A tenant who stays after the term without the landlord's permission is guilty of unlawful detainer and can be evicted; a tenancy at will ends with at least one month's written notice from either side. Idaho Code §§ 55-304(2), 6-303(1), 55-208; Idaho Attorney General, Landlord and Tenant Manual (July 2026), p. 20 | Not verified yet |
| Montana | Landlord's written consent is required. A tenant who moves out during the tenancy may not let possession pass to someone else or sublet the unit unless the landlord or the landlord's agent has agreed in writing. The statute sets no standard for when the landlord must agree. Mont. Code Ann. § 70-24-305 | If the lease does not set a default extension period and neither side gives 30 days' written notice to end the tenancy before the original end date, the tenancy continues month to month. A tenant who stays without the landlord's consent after the lease ends can be sued for possession. If the landlord consents to continued occupancy, the tenancy is month to month (week to week for a roomer paying weekly). For a lease longer than month to month that the landlord ended for cause, a purposeful, bad-faith holdover lets the landlord recover up to 3 months' periodic rent or treble damages, whichever is greater; the same applies when a month-to-month tenant stays past a lawful 30-day no-cause termination. Mont. Code Ann. §§ 70-24-205, 70-24-429, 70-24-201(2)(e) | Montana's Residential Landlord and Tenant Act has no provision on what happens to a lease, the deposit, or the tenant's belongings when the tenant dies. Mont. Code Ann. Title 70, ch. 24 (reviewed); Title 70, ch. 25 (reviewed) |
| Nevada | Nevada's landlord-tenant law for dwellings (NRS chapter 118A) has no provision on subletting or assigning a lease. NRS chapter 118A (reviewed) | If a tenant stays without consent after the lease ends or is terminated, the landlord may bring an action for possession and rent and may also recover actual damages. If the landlord consents to the tenant staying, the tenancy becomes week to week for a tenant paying weekly rent and month to month in all other cases, on the same terms unless the parties agree otherwise. NRS 118A.470 | The statute does not give a landlord the right to end a lease solely because one of the tenants died. A tenant who is 60 or older or has a disability and whose spouse or cotenant dies may end the lease by giving the landlord 60 days' written notice within 3 months after the death; the notice must state the facts showing the right to terminate. NRS 118A.340(2)-(4) |
| Oregon | Oregon has no state law in its Residential Landlord and Tenant Act that sets a consent standard for a tenant subletting or assigning an ordinary residential lease. Manufactured dwelling and floating home park tenants have a separate subleasing statute. ORS ch. 90 (reviewed); ORS 90.555 | If a fixed-term lease ends after the tenant's first year of occupancy, it automatically becomes month to month unless the parties sign a new fixed term, the tenant gives at least 30 days' written notice, or the landlord has a qualifying landlord reason and gives the required notice. If the term ends within the first year, the landlord may end the tenancy without cause with at least 30 days' written notice. A tenant who stays without the landlord's consent after the tenancy ends can be evicted and is liable for actual damages, including rent until the landlord knows or should know the tenant has left; the statute sets no double-rent penalty. ORS 90.427(4), (11) | Oregon has no state law in its Residential Landlord and Tenant Act that ends a lease automatically when the tenant dies. When the only tenant dies, the tenant's belongings are handled under the abandoned-property statute: the landlord's notice must go to the tenant at the unit, to any known heir, devisee, personal representative or person the tenant designated in writing, and to an estate administrator of the State Treasurer. The landlord must let an heir, devisee or personal representative (or, if none comes forward, the designated person) remove the property if they contact the landlord in time and show reasonable evidence of their status. ORS ch. 90 (reviewed); ORS 90.425(21) |
| Utah | Utah's landlord-tenant statutes do not set a rule on whether a landlord must consent to subletting or assignment. If a tenant assigns or sublets contrary to the lease, the landlord may serve a three-calendar-day notice to quit, and staying after that notice is an unlawful detainer. Utah Code § 78B-6-802(1)(d); Title 57 Ch. 22 and Title 78B Ch. 6 Part 8 (reviewed) | A lease for a fixed term ends at the end of the term without notice, and a tenant who stays after that is in unlawful detainer. For a month-to-month or other periodic tenancy, the owner must serve notice at least 15 calendar days before the end of the rental period; a tenancy at will needs at least 5 calendar days' notice. In an eviction case the court enters judgment for the rent and for three times the damages assessed for the unlawful detainer, plus attorney fees to the winning party. The statutes do not address automatic-renewal clauses. Utah Code §§ 78B-6-802(1)(a)-(b), 78B-6-811(3), (5) | Utah's landlord-tenant statutes do not say that a lease ends when a tenant dies or give the estate a special notice period. If the premises are treated as abandoned and belongings are left, the owner must follow the abandoned-property process (posted and mailed notice, storage for at least 15 calendar days); an immediate family member who provides a death certificate or obituary gets an extension of up to 15 more calendar days to recover the property. Utah Code § 78B-6-816(2), (7)(c) |
| Washington | Washington's Residential Landlord-Tenant Act has no provision setting a rule on landlord consent to subletting or assignment, so the act does not require or forbid it. Chapter 59.18 RCW (reviewed) | Washington limits ending tenancies without cause. When a fixed-term lease ends, it becomes month-to-month unless the landlord has a listed cause, or the lease meets narrow conditions (such as an initial 6-12 month term or a lease of 12 months or more) and the landlord gave at least 60 days' written notice before the end of the term. A tenant may end a fixed-term tenancy with written notice at least 20 days before the end date, and a month-to-month tenant may leave with 20 days' written notice before the end of a rental period. It is unlawful for a tenant to hold over after the rental agreement ends without a court order; the landlord may recover possession and damages, with costs and attorney's fees to the winning side. RCW 59.18.650(1), 59.18.200(1), 59.18.220, 59.18.290(2) | When the only occupant dies, the landlord must promptly send written notice to the known personal representative, any designated person, the emergency contact and likely heirs. The tenancy ends 15 days after the notice or on the date rent is paid through, whichever is later, unless a representative arranges to prepay rent for up to 60 days after the death to remove belongings. The landlord must turn over the property to a tenant representative who asks in writing, and after removal must refund unearned rent and account for the deposit within the normal deposit deadline. A tenant may designate in a separate writing a person to act for them on their death. RCW 59.18.590, 59.18.595 |
| Wyoming | Wyoming's residential rental statutes do not set a rule on whether a landlord must consent to subletting or assignment. They do require the renter not to increase the number of occupants above what the rental agreement allows without the owner's written permission. W.S. 1-21-1204(a)(v); W.S. 1-21-1201 to 1-21-1211 (reviewed) | A tenant who holds over after the lease term can be removed through a forcible entry and detainer case, which requires a written notice to leave served at least three days before the case is filed. Wyoming's residential rental and eviction statutes do not address automatic-renewal clauses, the notice needed to end a month-to-month tenancy, or a holdover rent penalty. W.S. 1-21-1002(a)(i), 1-21-1003; W.S. 1-21-1001 to 1-21-1211 (reviewed) | Wyoming's residential rental and eviction statutes do not address what happens to a lease when a renter dies. After the rental agreement ends, the general abandoned-property rules apply: the owner must send written notice describing valuable property and may dispose of it after seven days if no one claims it. W.S. 1-21-1210(a); W.S. 1-21-1001 to 1-21-1211 (reviewed) |
City rules that may add to state law
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Idaho Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in Idaho?
According to the Idaho Attorney General's manual, unless the lease prohibits it, a tenant may sublet, but the original tenant stays responsible under the lease. If a tenant assigns or sublets contrary to the lease, that ends the lease, and the landlord may recover possession after serving a 3-day notice to quit. (Idaho Attorney General, Landlord and Tenant Manual (July 2026), p. 20; Idaho Code § 6-303(4))
What happens when my lease ends in Idaho?
For residential leases, the landlord must give written notice at least 30 days before a nonrenewal of the lease or before a rent increase takes effect. A fixed-term lease can be extended only if both sides agree, per the Attorney General's manual. A tenant who stays after the term without the landlord's permission is guilty of unlawful detainer and can be evicted; a tenancy at will ends with at least one month's written notice from either side. (Idaho Code §§ 55-304(2), 6-303(1), 55-208; Idaho Attorney General, Landlord and Tenant Manual (July 2026), p. 20)
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.