Massachusetts Subletting, Lease Endings & Tenant Death
Massachusetts 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 who stays after the right to occupy ends (a 'tenant at sufferance') must pay rent for the time the tenant occupies or keeps the premises (G.L. c. 186, §3). G.L. c. 186, §§3, 12, 13
The rules in Massachusetts
| When the lease ends | A tenant who stays after the right to occupy ends (a 'tenant at sufferance') must pay rent for the time the tenant occupies or keeps the premises (G.L. c. 186, §3). A tenancy at will (including month-to-month) may be ended by written notice equal to the rent interval or 30 days, whichever is longer (three months if rent is paid less often), and the notice may include an offer of a new tenancy on different terms (c. 186, §12). When a home tenancy at will ends without the tenant's fault, the landlord cannot bring an eviction case until that notice period has passed, and the tenant pays rent at the same rate meanwhile (c. 186, §13). The sections read do not address automatic-renewal lease clauses or set a holdover penalty. Source: G.L. c. 186, §§3, 12, 13 |
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Massachusetts vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Massachusetts | Not verified yet | A tenant who stays after the right to occupy ends (a 'tenant at sufferance') must pay rent for the time the tenant occupies or keeps the premises (G.L. c. 186, §3). A tenancy at will (including month-to-month) may be ended by written notice equal to the rent interval or 30 days, whichever is longer (three months if rent is paid less often), and the notice may include an offer of a new tenancy on different terms (c. 186, §12). When a home tenancy at will ends without the tenant's fault, the landlord cannot bring an eviction case until that notice period has passed, and the tenant pays rent at the same rate meanwhile (c. 186, §13). G.L. c. 186, §§3, 12, 13 | Not verified yet |
| Connecticut | Connecticut's landlord-tenant chapter has no section setting a rule on whether a tenant may sublet or assign, or on landlord consent. For security-deposit purposes, a tenant who sublets is treated as a landlord. Conn. Gen. Stat. ch. 830 (reviewed); § 47a-21(a)(7) | A tenant who stays after the lease term ends is not, by that alone, evidence of an agreement for a new lease. Unless the rental agreement fixes a definite term, the tenancy is month-to-month (week-to-week for a tenant who pays weekly rent), and an oral lease with monthly rent and no agreed end date is treated as a lease for one month only. The chapter does not set a holdover rent penalty or rules on automatic-renewal clauses. Conn. Gen. Stat. §§ 47a-3d, 47a-3b | If the sole occupant of a unit with a monthly or term lease dies, the landlord may follow a statutory process instead of an eviction case: send notice by regular and certified mail to the tenant's emergency contact and any known next of kin that the tenant has died, that the landlord intends to remove belongings and re-rent, and that they should contact the landlord or Probate Court, with belongings disposed of if not reclaimed within 60 days. The landlord files an affidavit with the Probate Court, files an inventory at least 30 days later, and may not remove belongings until 15 days after that; a state marshal carries out removal, and unclaimed items are sold at public auction by the town, with leftover proceeds going to the estate. If a probate application is filed within 55 days of the landlord's affidavit, the landlord's process stops. Conn. Gen. Stat. § 47a-11d |
| New Hampshire | New Hampshire law treats a person who rents from a tenant as a 'subtenant' only if the tenant has the landlord's authorization to sublet. A person who is not a tenant, an authorized subtenant, or an 'implied tenant' (living there with the knowledge and consent of both the tenant and the landlord) may not occupy the property without the owner's or landlord's permission, and the landlord may petition the court to remove them. RSA 540-A:1, II; RSA 540-A:3, IX; RSA 540-A:4 | For 'restricted property' (most residential rentals), a landlord may end a tenancy only for listed reasons. The end of a lease counts as a reason only if the lease was for 12 months or more (or has been renewed to a total of 12 months or more), the landlord gave the tenant written notice at least 60 days before the end date that the lease will not be renewed and the tenant must leave, and the landlord files the eviction case within 6 months after the lease expires. For 'nonrestricted property' (for example, a single-family house whose owner owns no more than 3, or a unit in an owner-occupied building of 4 or fewer units), the landlord may end any tenancy with a written notice to quit. RSA 540:1-a; RSA 540:2, I-II | New Hampshire's landlord-tenant statutes (RSA chapters 540 and 540-A) have no provision on what happens to a lease, the deposit, or the tenant's belongings when a tenant dies. RSA ch. 540 (reviewed); RSA ch. 540-A (reviewed) |
| New York | In buildings with four or more residential units, a tenant may sublet with the landlord's prior written consent, which may not be unreasonably withheld. The tenant must request consent by certified mail, return receipt requested, with the sublease term, subtenant's name and addresses, reason, the tenant's address during the sublet, any cotenant or guarantor consent, and a copy of the proposed sublease. The landlord may ask for more information within 10 days and must respond within 30 days, or consent is deemed given; the tenant stays liable under the lease. Assignment, by contrast, needs the owner's written consent, which may be withheld without cause; if consent is unreasonably withheld, the tenant's only remedy is release from the lease on 30 days' notice. N.Y. Real Prop. Law § 226-b | A landlord who will not renew, or who will raise the rent 5% or more, must give written notice: 30 days if the tenant has lived there under one year with no lease of a year or more; 60 days for one to two years or a lease of one to two years; 90 days for over two years or a lease of two years or more. If notice is late, the tenancy continues on existing terms until the notice period runs. An automatic-renewal clause binds the tenant only if the landlord gives written notice calling attention to it 15 to 30 days before the tenant's notice deadline, personally or by registered or certified mail. A tenant who stays after a term longer than one month gets no new term by holding over, but if the landlord accepts rent for a later period, a month-to-month tenancy results unless otherwise agreed. N.Y. Real Prop. Law §§ 226-c, 232-c; N.Y. Gen. Oblig. Law § 5-905 | When a residential tenant dies, the executor, administrator, or legal representative may ask the landlord, by registered or certified mail, to consent to assigning or subletting the lease, giving the proposed assignee's or subtenant's name and addresses and any cotenant or guarantor consent. The landlord may ask for more information within 10 days and must respond within 30 days, or consent is deemed given. If the landlord refuses unreasonably or chooses to terminate, the lease ends and the estate is released from further liability as of the last day of the month in which the landlord had to respond; if the refusal is reasonable, the lease stays in force. N.Y. Real Prop. Law § 236 |
| Rhode Island | Rhode Island has no state law in its Residential Landlord and Tenant Act (chapter 34-18) that addresses subletting or assignment by a residential tenant or sets a landlord-consent standard. R.I. Gen. Laws ch. 34-18 (reviewed) | If a tenant stays without the landlord's consent after the lease term ends or a periodic tenancy is terminated, the landlord may file an eviction case starting the day after the tenancy ends. If the holdover is willful and not in good faith, the landlord may also recover the greater of three months' rent or three times actual damages, plus reasonable attorney's fees. If the landlord consents to the tenant staying, the parties may agree to a new term; if none is set, the tenancy is week to week for weekly payers and month to month otherwise. Chapter 34-18 has no rule on automatic renewal clauses. R.I. Gen. Laws § 34-18-38(a)-(c) | If a tenant dies during the lease and no other person who signed the lease lives in the unit, a live-in caregiver or any other adult living there may continue the lease for a post-death grace period of three months or the rest of the lease, whichever is shorter (or longer by agreement), paying the agreed rent and taking on the tenant's obligations. The grace-period tenant may end it at any time, and unpaid rent from before the death stays a debt of the deceased tenant's estate. The landlord may deduct damage from the existing deposit but may not demand a new deposit; if the grace period lasts more than one month, the remaining deposit balance goes to the grace-period tenant. R.I. Gen. Laws § 34-18-38(d) |
| Vermont | A landlord may limit or prohibit subletting in a written rental agreement and may require the tenant to give written notice of the name and contact information of any subtenant. If there is no written agreement, the tenant must give the landlord written notice of the name and contact information of any subtenant. If a written lease bans subletting, the landlord or tenant may bring an ejectment action against a person occupying the unit without permission. 9 V.S.A. § 4456b | To end a written lease for no cause, the landlord must give notice at least 30 days before the end of the term (60 days if the tenancy has lasted more than two years; 7 days for a written week-to-week agreement). Without a written lease, monthly tenancies need at least 60 days' notice (90 days after two years) and weekly tenancies at least 21 days. If the tenant stays after the tenancy ends without the landlord's express consent, the landlord may sue for possession, damages and costs. The chapter sets no holdover rent penalty and does not address automatic-renewal clauses. 9 V.S.A. §§ 4467(c), (e), 4468 | Vermont's residential rental law has no provision on what happens to a lease, the deposit or the tenant's belongings when a tenant dies. 9 V.S.A. chapter 137 (reviewed) |
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Massachusetts Subletting, Lease Endings & Tenant Death FAQ
What happens when my lease ends in Massachusetts?
A tenant who stays after the right to occupy ends (a 'tenant at sufferance') must pay rent for the time the tenant occupies or keeps the premises (G.L. c. 186, §3). A tenancy at will (including month-to-month) may be ended by written notice equal to the rent interval or 30 days, whichever is longer (three months if rent is paid less often), and the notice may include an offer of a new tenancy on different terms (c. 186, §12). When a home tenancy at will ends without the tenant's fault, the landlord cannot bring an eviction case until that notice period has passed, and the tenant pays rent at the same rate meanwhile (c. 186, §13). (G.L. c. 186, §§3, 12, 13)
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.