Louisiana Subletting, Lease Endings & Tenant Death
Louisiana rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-23.
Short answer: 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). La. C.C. arts. 2713, 2713.1
The rules in Louisiana
| Subletting | 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). Article 2713 was amended and article 2713.1 added by Acts 2026, No. 240. Source: La. C.C. arts. 2713, 2713.1 |
|---|---|
| When the lease ends | 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. The articles read do not set a holdover rent penalty. |
| If a tenant dies | 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. The article does not address the deceased tenant's belongings or deposit. Source: La. C.C. art. 2717 |
Louisiana vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| 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 |
| 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 |
| 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 |
| 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 |
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Louisiana Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in 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)
What happens when my lease ends in Louisiana?
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)
What happens to a lease when a tenant dies in Louisiana?
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)
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.