Kentucky Subletting, Lease Endings & Tenant Death
Kentucky 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: Unless the landlord agrees in writing, a tenant at will, a tenant by sufferance, or a tenant with a lease of less than two years who assigns or transfers the lease or any part of the premises forfeits the tenancy to the landlord. KRS 383.180(2)
The rules in Kentucky
| Subletting | Unless the landlord agrees in writing, a tenant at will, a tenant by sufferance, or a tenant with a lease of less than two years who assigns or transfers the lease or any part of the premises forfeits the tenancy to the landlord. After giving the occupant 10 days' written notice to quit, the landlord may re-enter or recover possession through a forcible entry and detainer case. Source: KRS 383.180(2) |
|---|---|
| When the lease ends | When a lease of less than a year ends and the tenant stays without an agreement, the landlord can recover possession without notice if a case is filed within 30 days; if not, no case may be brought until 60 days after the lease ended, and then the tenant either leaves or continues on the same terms for another like period (for leases of a year or more the periods are 90 days and one year) (KRS 383.160). In areas that have adopted Kentucky's landlord-tenant act, a tenancy that begins after a written lease ends can be ended by either side on 10 days' written notice, and if a tenant stays without consent willfully and not in good faith the landlord may recover up to three months' rent or three times actual damages, whichever is greater, plus attorney's fees (KRS 383.695). If the landlord agrees to the tenant staying, the tenancy is month-to-month unless a set term is agreed (KRS 383.565(3)). Kentucky's Uniform Residential Landlord and Tenant Act (KRS 383.505 to 383.705) applies only in cities and counties that have adopted it locally (KRS 383.500). Check whether your city or county has adopted it. |
Kentucky vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Kentucky | Unless the landlord agrees in writing, a tenant at will, a tenant by sufferance, or a tenant with a lease of less than two years who assigns or transfers the lease or any part of the premises forfeits the tenancy to the landlord. After giving the occupant 10 days' written notice to quit, the landlord may re-enter or recover possession through a forcible entry and detainer case. KRS 383.180(2) | When a lease of less than a year ends and the tenant stays without an agreement, the landlord can recover possession without notice if a case is filed within 30 days; if not, no case may be brought until 60 days after the lease ended, and then the tenant either leaves or continues on the same terms for another like period (for leases of a year or more the periods are 90 days and one year) (KRS 383.160). In areas that have adopted Kentucky's landlord-tenant act, a tenancy that begins after a written lease ends can be ended by either side on 10 days' written notice, and if a tenant stays without consent willfully and not in good faith the landlord may recover up to three months' rent or three times actual damages, whichever is greater, plus attorney's fees (KRS 383.695). If the landlord agrees to the tenant staying, the tenancy is month-to-month unless a set term is agreed (KRS 383.565(3)). KRS 383.160; KRS 383.695(3)-(4); KRS 383.565(3) | Not verified yet |
| Illinois | Not verified yet | According to the Illinois Attorney General, a landlord must give written notice to end a tenancy: 30 days for a month-to-month tenancy and 60 days for a year-to-year lease, and need not give a reason. Rent cannot be raised during a fixed-term lease; for month-to-month tenancies the landlord must give 30 days' notice of a rent increase (7 days for week-to-week). Illinois Attorney General, Landlord and Tenant Rights and Laws (fact sheet, 01/24), p. 2 | Not verified yet |
| Indiana | Not verified yet | Indiana's Small Claims Manual notes that many leases require the tenant to give advance written notice at the end of the lease of whether the tenant is renewing, so the lease terms control. Unless the lease says otherwise, a month-to-month lease (written or oral) generally needs at least 30 days' notice for either side to end it. Indiana Office of Court Services, Small Claims Manual (2026, updated 12/23/2025), p. 31 | If a landlord knows that a tenant who was the sole occupant under a lease has died, the landlord must notify the tenant's representative, allow the representative reasonable access to remove the tenant's belongings (the landlord may require a signed inventory), and pay the representative the tenant's security deposit and any unearned rent the tenant would have been entitled to. A landlord who willfully violates these duties is liable for actual damages to the tenant's estate. A representative can be someone the tenant named in writing or in the lease, an attorney in fact, a guardian, an heir, or a person appointed by the probate court. Indiana Office of Court Services, Small Claims Manual (2026, updated 12/23/2025), pp. 38-40 |
| 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 |
| Ohio | Ohio has no state law in its landlord-tenant chapter that sets a consent standard for subletting or assigning a residential lease. By statute, a landlord and tenant may include in the rental agreement any terms not inconsistent with chapter 5321 or other law. Ohio Rev. Code ch. 5321 (reviewed); § 5321.06 | Ohio has no state law in its landlord-tenant chapter that regulates automatic renewal clauses or sets a holdover rent penalty for a tenant who stays after the lease ends. For periodic tenancies, either side may end or decline to renew a month-to-month tenancy with notice at least 30 days before the periodic rental date, or a week-to-week tenancy with at least 7 days' notice. Ohio Rev. Code ch. 5321 (reviewed); § 5321.17 | Ohio has no state law in its landlord-tenant chapter that ends a residential lease when the tenant dies or sets a notice period for the tenant's estate. Deposit return follows the general rule: the landlord must return the deposit, with an itemized list of any deductions, within 30 days after the rental agreement ends and possession is delivered. Ohio Rev. Code ch. 5321 (reviewed); § 5321.16(B) |
| 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 |
| Virginia | Virginia's Residential Landlord and Tenant Act does not set a general rule requiring a landlord to allow or refuse subletting. If the lease lets the landlord approve or reject a proposed subtenant or assignee, the landlord must approve or disapprove within 10 business days after receiving the person's written application on the landlord's form. If the landlord does not act within 10 business days, that is evidence of approval. Va. Code § 55.1-1204(G) | A month-to-month tenancy can be ended by either side with written notice at least 30 days before the next rent due date (unless the lease sets a different period); week-to-week needs 7 days. If the tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession, actual damages, attorney fees and costs unless the tenant shows the delay was reasonable; the lease may set liquidated damages of up to 150% of the daily rent for each day the tenant stays past the date in the landlord's notice. If the landlord agrees to let the tenant stay and no new lease is signed, the old lease terms continue, and new rent takes effect only on the next rent date at least 30 days after written notice. Va. Code § 55.1-1253 | If the only tenant on a written lease who still lives in the unit dies, the lease is treated as ended by the landlord as of the date of death, and no court order is needed for possession. The estate stays liable for actual damages, which the landlord must mitigate. If no court-appointed estate representative exists, the landlord must give at least 10 days' written notice to the emergency contact named in the lease or application (or to the tenant's address) before treating belongings as abandoned; the contact person may access the unit and claim the property. Other occupants must leave within the 10 days. Va. Code § 55.1-1256 |
| West Virginia | West Virginia's landlord-tenant statutes do not set a rule on whether a landlord must consent to subletting or assignment. They define a sublease as a transfer of some but not all of the tenant's rights, and if a tenant has an assignee or subtenant, the landlord may hold a security deposit from only one of them. W. Va. Code §§ 37-6A-1(15), 37-6A-2(f); Ch. 37 Arts. 6 and 6A (reviewed) | A lease that ends on a fixed date ends without any notice. A year-to-year tenancy can be ended by written notice at least three months before the end of a year, and a shorter periodic tenancy (such as month-to-month) by the same notice or by notice of one full rental period before the end of a period, unless the parties agreed on a different notice. The statutes reviewed set no holdover rent penalty and do not address automatic-renewal clauses. W. Va. Code § 37-6-5 | When a residential tenant dies, the tenant's heir, personal representative, devisee or assignee may end the lease early by written notice. The lease ends on the last day of the calendar month that is two months after the notice is hand-delivered or mailed. The estate still owes rent and other sums through the notice period and the cost of restoring the unit beyond ordinary wear and tear. This right cannot be waived, and a lease requiring longer notice is void; it applies to leases signed or renewed on or after July 1, 2012. W. Va. Code § 37-6-11(b) |
City rules that may add to state law
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Kentucky Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in Kentucky?
Unless the landlord agrees in writing, a tenant at will, a tenant by sufferance, or a tenant with a lease of less than two years who assigns or transfers the lease or any part of the premises forfeits the tenancy to the landlord. After giving the occupant 10 days' written notice to quit, the landlord may re-enter or recover possession through a forcible entry and detainer case. (KRS 383.180(2))
What happens when my lease ends in Kentucky?
When a lease of less than a year ends and the tenant stays without an agreement, the landlord can recover possession without notice if a case is filed within 30 days; if not, no case may be brought until 60 days after the lease ended, and then the tenant either leaves or continues on the same terms for another like period (for leases of a year or more the periods are 90 days and one year) (KRS 383.160). In areas that have adopted Kentucky's landlord-tenant act, a tenancy that begins after a written lease ends can be ended by either side on 10 days' written notice, and if a tenant stays without consent willfully and not in good faith the landlord may recover up to three months' rent or three times actual damages, whichever is greater, plus attorney's fees (KRS 383.695). If the landlord agrees to the tenant staying, the tenancy is month-to-month unless a set term is agreed (KRS 383.565(3)). (KRS 383.160; KRS 383.695(3)-(4); KRS 383.565(3))
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.