Missouri Subletting, Lease Endings & Tenant Death
Missouri 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 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). RSMo 441.030; RSMo 441.040
The rules in Missouri
| Subletting | 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). Source: RSMo 441.030; RSMo 441.040 |
|---|---|
| When the lease ends | 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). The sections read do not address automatic-renewal lease clauses. |
Missouri vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| 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 |
| 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 |
| 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 |
| Iowa | Iowa has no state law that sets a rule on subletting or assigning a residential lease, such as requiring the landlord's consent. Iowa Code chs. 562A and 562 (reviewed) | Either side may end a month-to-month tenancy with written notice at least 30 days before the rental date, and a tenancy longer than month-to-month with written notice at least 30 days before the end of the term. If a tenant stays without the landlord's consent after the lease ends, the landlord may sue for possession and, if the holdover is willful and not in good faith, recover actual damages and attorney fees. If the landlord consents to the tenant staying, the tenancy becomes month-to-month. Iowa's general landlord-tenant chapter also makes a tenant who willfully holds over after the term and after notice to quit liable for double the rental value. Iowa Code §§ 562A.34, 562A.9(5), 562.2 | Not verified yet |
| Kansas | Kansas has no state law in its Residential Landlord and Tenant Act that sets a rule on subletting or assigning a residential lease, such as requiring the landlord's consent. K.S.A. 58-2540 to 58-2573 (reviewed) | Either side may end a month-to-month tenancy with written notice that it ends on a rent-paying date at least 30 days after the notice is received (7 days for week-to-week). If the tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession and, if the holdover is willful and not in good faith, recover up to 1.5 months' rent or 1.5 times actual damages, whichever is greater. If a landlord gives the tenant a move-out notice form with terms not in the lease, it must carry a bold warning or the tenant's signature does not bind the tenant to those extra terms. K.S.A. 58-2570(a)-(c), (e) | Not verified yet |
| 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 |
| Nebraska | Nebraska's Uniform Residential Landlord and Tenant Act has no provision on subletting or assigning a lease. Neb. Rev. Stat. §§ 76-1401 to 76-1449 (reviewed) | If the tenant stays without the landlord's consent after the lease ends or is terminated, the landlord may sue for possession. If the holdover is willful and not in good faith, the landlord may also recover up to three months' periodic rent or three times actual damages, whichever is greater, plus reasonable attorney's fees. If the landlord agrees to the tenant staying, the tenancy is week to week for a roomer paying weekly rent and month to month in all other cases. Neb. Rev. Stat. §§ 76-1437(3), 76-1414(4) | A landlord may ask the tenant to name a person authorized to enter and retrieve the tenant's belongings if the tenant dies. After a tenant's death, the landlord must make a reasonable attempt to contact that person within 10 days. The person has 20 days after contact to say they will claim the property and then 20 more days to remove it, with reasonable access on showing valid government ID. Property not removed, or unclaimed if the person cannot be reached or does not respond within 20 days, may be disposed of under the Disposition of Personal Property Landlord and Tenant Act. Neb. Rev. Stat. § 76-1414(5) |
| 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 |
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Missouri Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in 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)
What happens when my lease ends in Missouri?
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)
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.