All Laws Decoded

Subletting, Lease Renewal and Holdover Tenant Laws by State (2026)

Whether you can sublet, what happens when your lease ends or you stay past it, and what happens to a lease when a tenant dies — state by state.

Subletting, Lease Endings & Tenant Death: all 50 states and DC

Subletting, Lease Renewal and Holdover Tenant Laws by State — 2026
StateSublettingWhen the lease endsIf a tenant dies
AlabamaAlabama's Uniform Residential Landlord and Tenant Act has no section setting a rule on whether a tenant may sublet or assign the lease or on landlord consent.
Ala. Code tit. 35, ch. 9A (reviewed)
If a 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 the landlord may also recover the greater of up to three months' periodic rent or actual damages, plus reasonable attorney's fees. If the landlord agrees to the tenant staying, the tenancy becomes week-to-week (weekly rent) or month-to-month (all other cases). A month-to-month tenancy ends with at least 30 days' written notice before the rental date named in the notice; week-to-week needs 7 days. The act has no section on automatic-renewal clauses.
Ala. Code §§ 35-9A-441, 35-9A-161(d)
Alabama's Uniform Residential Landlord and Tenant Act has no section on what happens to a lease, the deposit, or belongings when a tenant dies.
Ala. Code tit. 35, ch. 9A (reviewed)
AlaskaA tenant may sublease only with the landlord's consent. If the rental agreement allows subleasing, each proposed subtenant must give the landlord a signed written offer with listed information (such as address, employment, credit references and prior landlords); the landlord has 14 days to respond, and no answer counts as consent. The landlord may refuse only for listed reasons (such as insufficient credit, too many occupants, unacceptable pets, or a bad prior-landlord report) and may not unreasonably refuse; if the landlord refuses without a listed reason, the tenant may go ahead with the sublease or end the lease with 30 days' written notice. A tenant who sublets without consent stays fully liable, and the new occupant gets no rights as a tenant.
Alaska Dept. of Law, The Alaska Landlord & Tenant Act: What It Means to You (2024)
A tenant must move out when the rental agreement ends unless the landlord agrees to extend the term or continue the tenancy month-to-month. A landlord ending a month-to-month tenancy without cause must give 30 days' written notice before the next rent due date; a week-to-week tenancy needs at least 14 days' written notice. If the tenant has not moved out at the end of a notice to quit, the landlord must go to court to evict.
Alaska Dept. of Law, The Alaska Landlord & Tenant Act: What It Means to You (2024)
Not verified yet
ArizonaArizona's Residential Landlord and Tenant Act has no section setting a rule on whether a tenant may sublet or assign, or on landlord consent.
A.R.S. title 33, ch. 10 (reviewed)
If a 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 the landlord may also recover the greater of two months' periodic rent or twice actual damages. If the landlord consents in writing to the tenant staying, the tenancy is week-to-week for a roomer paying weekly rent and month-to-month in other cases. A month-to-month tenancy ends with written notice at least 30 days before the rental date named in the notice; week-to-week needs at least 10 days. The act does not address automatic-renewal clauses.
A.R.S. §§ 33-1375, 33-1314(D)
A landlord may ask for, and the tenant may give, the name and contact information of a person authorized to enter and remove and store the tenant's belongings and animal if the tenant dies or becomes incapacitated. If that person cannot be reached or does not respond within one day (animal) or ten days (other property) after the landlord's first written contact, the landlord may dispose of the property under the abandonment rules and treat the animal as abandoned. The authorized person must show government ID and has 20 days from the first written contact or the last paid-rent date, whichever is longer, to remove items and return keys; the landlord is not liable for items after allowing that removal.
A.R.S. § 33-1314(E)-(G)
ArkansasThe 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
CaliforniaA tenant may sublease or assign unless the rental agreement bars doing so without the landlord's prior consent; if it does, the tenant must get the landlord's permission. A lease clause requiring consent but giving no standard is read to mean consent will not be unreasonably withheld. With a sublease the original tenant stays responsible to the landlord for rent; with an assignment the new tenant becomes directly responsible to the landlord, but the original tenant is not released unless the landlord agrees.
Cal. Dept. of Real Estate, California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026 ed.)
A fixed-term lease ends automatically at the end of its term unless the lease says otherwise. If the tenant stays and the landlord accepts rent after the term ends, the tenant becomes a holdover with a periodic tenancy (for example, month-to-month if rent is paid monthly), and the other lease terms stay in effect. If the tenancy is not covered by just-cause protection and the landlord refuses rent after the term, the landlord may file an eviction case without further notice; if the tenancy is covered by the Tenant Protection Act or a local just-cause ordinance, it continues month-to-month until the tenant gives notice or the landlord has a legal reason to end it.
Cal. Dept. of Real Estate, California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026 ed.)
If a tenant with a fixed-term lease dies, the tenant's estate (through the executor or administrator) stays financially responsible for rent for the rest of the term; the estate may surrender the unit, but stays responsible until the landlord re-rents it, and the landlord must make a good-faith effort to re-rent. If the tenant had a week-to-week or month-to-month tenancy, the tenancy ends by notice of the tenant's death, on the 30th day after the tenant's last rent payment before death; no other notice is needed. The tenant's belongings are then handled under the rules for property left after a tenancy ends.
Cal. Dept. of Real Estate, California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2026 ed.)
ColoradoColorado's landlord-tenant article has no section setting a rule on whether a residential tenant may sublet or assign, or on landlord consent.
C.R.S. title 38, art. 12 (reviewed)
For most residential tenants who have lived in the unit at least 12 months, a landlord may not serve a notice to end the tenancy or file an eviction without cause as defined by statute; for these tenants, staying after the lease term ends is not by itself listed as cause. Where cause is not required (for example, tenants of less than 12 months or certain owner-occupied small properties), either side may end a periodic tenancy or decline to renew a fixed term with written notice: at least 91 days for a tenancy of a year or more, 28 days for six months to a year, 21 days for one to six months, and 3 days for one week to a month. A tenant with a fixed-term lease that ends on a set date need not give notice.
C.R.S. §§ 38-12-1302, 38-12-1303, 13-40-107
Colorado's landlord-tenant article has no section on what happens to a lease, the deposit, or belongings when a tenant dies.
C.R.S. title 38, art. 12 (reviewed)
ConnecticutConnecticut'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
DelawareUnless the parties agree otherwise in writing, a tenant may sublet the rental or assign the lease. A lease may restrict or prohibit assignment, but may limit subletting only by requiring the landlord's consent, which may not be unreasonably withheld; in a dispute, the landlord must show that withholding consent was reasonable.
25 Del. C. § 5508
To end a lease that is not month-to-month at the end of its term, the landlord must give at least 60 days' written notice before it expires (the tenant may also end it with 60 days' notice); a month-to-month tenancy ends on at least 60 days' written notice starting the first day of the month after notice. A landlord who wants to renew on changed terms must give at least 60 days' written notice before the lease ends, and the tenant who does not give notice of termination at least 45 days before the end is treated as accepting the changes. For leases of a year or more, if neither side gives timely notice, the lease becomes month-to-month on the same terms. A tenant who stays after the lease ends without the landlord's consent owes up to double the monthly rent, prorated daily, plus further losses a court finds.
25 Del. C. §§ 5106, 5107, 5108, 5515
After a tenant dies, the surviving spouse or the personal representative of the estate may end the tenancy with 30 days' written notice, counted from the first day of the month after notice. When a sole tenant dies, the landlord gets possession back without a court case once an affiant or personal representative with register-of-wills papers has had access to remove belongings and says no more access is needed, or 30 days after the death if no written notice that access is still needed is given; any property left when the landlord regains possession through a writ may be stored for 7 days at the estate's expense and then treated as abandoned. Any deposit refund, with an itemized list of damages, must go to the estate's representative within 20 days after the landlord gets possession (or after the storage period), and the representative has 10 days to object in writing.
25 Del. C. §§ 5314(b)(7), 5719
District of ColumbiaA housing provider may prohibit subletting or assignment, in whole or in part, in its sole and absolute discretion, but only if the prohibition is in the lease. If the lease allows subletting with the provider's reasonable consent, or says nothing, the provider may require that a proposed subtenant meet its reasonable rental qualification guidelines, which it must give the tenant on request.
D.C. Code § 42-3505.55
A tenant may not be evicted just because the lease or rental agreement has expired, as long as the tenant keeps paying the rent the housing provider is entitled to; after the initial term the tenant generally may continue month-to-month on the same material terms, apart from lawful rent increases. A tenant ends a month-to-month tenancy with a written 30-day notice that takes effect on the first day of the first month at least 30 days after the notice, and a lease may not require more than 30 days' notice from the tenant unless the provider must give correspondingly longer notice of rent increases.
D.C. Code §§ 42-3505.01(a)(1), 42-3505.54; D.C. Office of the Tenant Advocate, D.C. Tenant Bill of Rights (Form OTA 2026.09.25)
A personal representative of a deceased tenant's estate has the power to terminate, sublet or assign a lease of the home that was the decedent's actual residence, unless limited by the will, the probate title, or a court order.
D.C. Code § 20-741(26)
FloridaFlorida has no state law that sets a rule on subletting or assigning a residential lease, such as requiring the landlord's consent.
Fla. Stat. ch. 83, part II (reviewed)
A fixed-term lease may require the tenant to give notice before moving out at the end of the term only if it also requires the landlord to tell the tenant within that period if the lease will not be renewed; the notice period may be no less than 30 and no more than 60 days. Liquidated damages for a tenant's missing notice require the landlord to send written notice of the obligation within 15 days before the notice period starts. A tenant who stays with the landlord's permission and does not give the required notice owes 1 extra month's rent. A tenant who stays without permission (holdover) can be evicted, and the landlord can recover double rent for the holdover period.
Fla. Stat. §§ 83.575, 83.58
Florida's landlord-tenant law does not end a lease automatically when a tenant dies. A landlord may recover possession without an eviction when the last remaining tenant has died, personal property remains, rent is unpaid, at least 60 days have passed since the death, and the landlord has not been told in writing of a probate estate or the name and address of a personal representative. After that, the landlord may remove the deceased tenant's belongings; if the lease contains the required printed legend, the landlord is not responsible for storing or disposing of them.
Fla. Stat. §§ 83.59(3)(d), 83.67(5)
GeorgiaA Georgia tenant holds only a right to use the property (a usufruct), which may not be conveyed without the landlord's consent. Georgia's official handbook says the lease determines whether a tenant may sublet, and that subletting often requires the landlord's permission. The original tenant stays responsible to the landlord for rent and for damage caused by the subtenant.
O.C.G.A. § 44-7-1(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 14
At the end of a lease, it renews, extends or ends as the lease says; a lease can contain automatic extension language that renews it unless the tenant gives notice of leaving. If the lease expires and the landlord keeps accepting monthly rent without a new lease, a tenancy at will is created on the old lease terms. A tenancy at will ends with 60 days' notice from the landlord or 30 days' notice from the tenant. A tenant who stays past the end of the term can be removed through a court dispossessory proceeding.
O.C.G.A. §§ 44-7-6, 44-7-7, 44-7-50(a); Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), pp. 14-15
Not verified yet
HawaiiHawaii's official Landlord-Tenant Handbook lists, among the terms a landlord and tenant should agree on, whether the landlord's consent is required for the tenant to sublet the unit or assign the rental agreement. In other words, the rental agreement sets the rule.
Hawaii Residential Landlord-Tenant Code Handbook (Office of Consumer Protection, DCCA), Rental Agreements, p. 3
If a tenant stays after the rental agreement ends without the landlord's consent, the tenant is a holdover and may owe up to twice the monthly rent, prorated daily, for each day of staying. The landlord may file for summary possession at any time during the first 60 days of the holdover. If the landlord does not, and there is no new agreement, a month-to-month tenancy at the old rent begins at the end of the 60th day. A tenant who stays with the landlord's consent becomes a month-to-month tenant at the lease rent, per the state handbook.
HRS § 521-71(e); Hawaii Landlord-Tenant Handbook (OCP), Termination of Tenancy
A tenant may name a representative in the lease or a separate writing to collect or dispose of belongings if the tenant dies. After the death of the tenant (or all tenants), the landlord must notify the representative by registered mail (or the estate at the unit address); the tenancy ends 15 calendar days after the notice or on the date through which rent was paid, whichever is later. The landlord may then sell, store or donate valuable property (sale proceeds, after rent and costs, are held for the representative for 30 calendar days), and must account for the security deposit within 14 calendar days, paying any balance to the representative or estate.
HRS § 521-85
IdahoAccording 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
IllinoisNot verified yetAccording 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
IndianaNot verified yetIndiana'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
IowaIowa 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
KansasKansas 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
KentuckyUnless 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
LouisianaA 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
MaineNot verified yetWhen a written lease term expires, the landlord may bring an eviction case ('forcible entry and detainer') against the tenant without any notice if the case is started within 7 days after the term expires (14 M.R.S. §6001(1)). A tenancy at will (no fixed term) is ended by at least 30 days' written notice from either party, and the notice must tell the tenant of the right to contest the termination in court (14 M.R.S. §6002).
14 M.R.S. §6001(1); 14 M.R.S. §6002
Not verified yet
MarylandNot verified yetAn automatic-renewal clause (other than one renewing for 1 month or less) must be set apart from the rest of the lease with a space for the tenant's written acknowledgment; without the tenant's initials, signature or witnessed mark it cannot be enforced by the landlord (Real Prop. §8-208(e)). To end a lease for a stated term over one week or a month-to-month tenancy, the landlord must generally give written notice 60 days before it expires (§8-402(c)). A tenant who unlawfully holds over is liable for the landlord's actual damages, and not less than the prorated lease rent for the holdover period. If the landlord agrees to let the tenant stay, the tenant becomes month-to-month (or week-to-week if the tenancy was weekly) unless the written lease, initialed by the tenant, says otherwise (§8-402(d)).
Md. Code, Real Prop. §8-208(e); §8-402(a), (c), (d)
Not verified yet
MassachusettsNot verified yetA 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
MichiganNot verified yetA tenancy at will or by sufferance can be ended by either party with one month's notice (or notice equal to the rent interval if rent is paid more often than every 3 months), and a landlord may end it for nonpayment with a written 7-day notice to quit. A year-to-year tenancy ends one year after a notice to quit is served.
MCL 554.134
Michigan's anti-lockout law lets a landlord take back a unit after a sole tenant's death without a court order only by following a specific procedure: among other things, the landlord must have given the tenant written notice of the option to name an authorized contact, rent must be unpaid, the landlord must believe in good faith that the tenant has been dead at least 18 days with no surviving tenant, the required notices must be given, and no probate estate may have been opened. Otherwise the usual rules against self-help apply.
MCL 600.2918(3)(d)
MinnesotaNot verified yetFor an automatic-renewal clause in a lease of two months or more that renews the lease for two months or more unless the tenant gives notice, the landlord can enforce it only by giving the tenant written notice calling attention to the clause, served personally or by certified mail 15 to 30 days before the tenant's notice deadline (Minn. Stat. §504B.145). When a tenant stays after the lease expires without the landlord's express agreement, the only tenancy implied is for the shortest interval between rent payments under the expired lease (§504B.141). A tenant who holds over after the lease term can be evicted (§504B.285, subd. 1).
Minn. Stat. §§504B.145, 504B.141, 504B.285 subd. 1
When the tenant dies (or all tenants die), either the landlord or the personal representative of the tenant's estate may end a residential lease (other than a lease at will) early with at least two months' written notice, effective on the last day of a calendar month, delivered by hand or first-class mail (the landlord may mail it to the unit). The estate still owes rent and other sums due before and during the notice period and the cost of restoring the unit beyond ordinary wear and tear. Lease clauses waiving this right or requiring longer notice are void.
Minn. Stat. §504B.265
MississippiNot verified yetA 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
MissouriA 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
MontanaLandlord'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)
NebraskaNebraska'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)
NevadaNevada'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)
New HampshireNew 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 JerseyNot verified yetFor housing covered by the Anti-Eviction Act, a landlord may not refuse to renew a lease except for good cause as defined by statute, so a lease ending is not by itself grounds for eviction. A tenant who gives notice of moving out on a set date and then stays owes double rent for as long as they remain. A tenant who willfully stays after the term ends and after the landlord's written demand for possession owes the person kept out at the rate of double the yearly value of the property for the holdover period.
N.J.S.A. 2A:18-61.3(a); N.J.S.A. 2A:42-5, 2A:42-6
A lease of one year or more for a home used only as the tenant's dwelling may be ended early if the tenant (or, for a lease signed jointly by spouses, the tenant's spouse) dies. Notice may be given by the tenant, the executor or administrator of the estate, or the surviving spouse. The termination takes effect on the 40th day after the landlord receives written notice, rent is owed up to that date, and the unit must be vacated at least five working days before that 40th day.
N.J.S.A. 46:8-9.1
New MexicoNew Mexico's Uniform Owner-Resident Relations Act has no provision on subletting or assigning a rental agreement.
NMSA 1978, §§ 47-8-1 to 47-8-52 (reviewed)
If a resident stays without the owner's consent after the rental agreement expires or ends, the owner may sue for possession; if the holdover is willful and not in good faith, the owner may also recover the damages sustained and reasonable attorney's fees. If the owner consents to continued occupancy, the residency is week to week for a person paying weekly rent and month to month otherwise.
NMSA 1978, §§ 47-8-37(C), 47-8-15(C)
When a resident who is the sole occupant dies, the owner must turn over the belongings to the resident's designated contact person or anyone else lawfully entitled who asks before they are discarded, and must refund the security deposit (less lawful deductions, including removal and storage costs) to that person. The owner may remove and store the property, require an inventory signature, and may discard it only after mailing a certified-mail request to the contact person and waiting 30 days with no one claiming it. An owner may ask in writing (including in the lease) for the resident to name a contact person.
NMSA 1978, § 47-8-34.2
New YorkIn 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
North CarolinaNorth Carolina's landlord-tenant chapter (Chapter 42) has no provision on a residential tenant's right to sublet or assign a lease.
N.C. Gen. Stat. Chapter 42 (reviewed)
A tenant who stays after the lease term has expired, without the landlord's permission and after the landlord demands possession, may be removed through a summary ejectment case. Holding over after a fixed-term lease with no renewal option is also a ground on which a landlord may win even if the tenant claims retaliation.
N.C. Gen. Stat. §§ 42-26(a)(1), 42-37.1(c)(2)
When a tenant who was the sole occupant dies leaving belongings in the unit, the landlord may, instead of filing a summary ejectment case, file an affidavit under G.S. 28A-25-7 to remove the personal property. The fact that a prior occupant died in the property is not a material fact a landlord must disclose when renting, although a landlord may not knowingly lie about it.
N.C. Gen. Stat. §§ 42-36.3, 42-14.2
North DakotaNorth Dakota has no state law in its lease chapter that sets a consent standard for subletting or assigning a residential lease (for example, a rule that consent may not be unreasonably withheld). The chapter provides only that a landlord keeps its remedies against a tenant's assignee for claims arising while the assignee holds the lease.
N.D.C.C. ch. 47-16 (reviewed); § 47-16-30
If a residential tenant stays after the lease ends and the landlord accepts rent, the tenancy is presumed to continue as month to month (unless the lease has an automatic renewal clause). A landlord may enforce an automatic renewal clause in a residential lease of two months or more only if it notified the tenant in writing, personally or by first-class mail, at least 30 days before the lease expires; otherwise the lease converts to month to month. A month-to-month tenancy that results can be ended on the last day of a month with at least one calendar month's notice.
N.D.C.C. §§ 47-16-06, 47-16-06.1, 47-16-15(5)
When a residential tenant dies, any surviving tenant or the tenant's estate may choose to end the lease on the last day of the month following the month of death, unless the lease ends sooner. Deposit return then follows the general security-deposit rule, and belongings left behind are subject to the abandoned-property rule.
N.D.C.C. §§ 47-16-18, 47-16-07.1, 47-16-30.1
OhioOhio 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)
OklahomaA 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
OregonOregon 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)
PennsylvaniaPennsylvania has no state law in the Landlord and Tenant Act of 1951 that sets a consent standard for subletting or assignment. The Act provides that a sublessee is bound by the lease between the landlord and the original tenant, and that a lease for more than three years may be assigned only in a signed writing (unless by operation of law). The Attorney General's guide advises tenants to check whether their lease allows subleasing.
Landlord and Tenant Act of 1951 §§ 105, 203; Act reviewed
A landlord who wants a tenant out when the lease term ends must give written notice to quit: at least 15 days for a lease of one year or less or of indefinite length, and 30 days for a lease of more than one year. The Attorney General's guide says a month-to-month or year-to-year tenancy renews automatically unless either side gives at least 15 days' notice before the term ends, and that some leases contain automatic-renewal clauses tenants should check. Pennsylvania has no state law in the Landlord and Tenant Act of 1951 that sets a holdover rent penalty.
Landlord and Tenant Act of 1951 § 501(a)-(b) (68 P.S. § 250.501); PA Attorney General, Consumer Guide to Tenant and Landlord Rights
If the only tenant dies during a residential lease, the executor or administrator of the estate may end the lease with 14 days' written notice to the landlord, effective on the later of the last day of the second calendar month after the month of death or when the unit is surrendered and all belongings are removed. The estate still owes rent and debts up to the termination date (including damage and expenses caused directly by the death) but owes no penalty for ending the lease this way. The Act's abandoned-property procedure does not apply to a deceased tenant's belongings; those are handled under the probate code (20 Pa.C.S.).
Landlord and Tenant Act of 1951 §§ 514, 505.1(c)
Rhode IslandRhode 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)
South CarolinaSouth Carolina has no state law in its Residential Landlord and Tenant Act that addresses subletting or assignment by a residential tenant or sets a landlord-consent standard.
S.C. Code Title 27, Ch. 40 (reviewed)
If a tenant stays after the lease term ends without the landlord's consent, the landlord may sue for possession; if the holdover is willful, the landlord may also recover the greater of up to three months' periodic rent or twice actual damages, plus reasonable attorney's fees. If the landlord consents to the tenant staying, the tenancy has no fixed term and is week to week for a roomer paying weekly and month to month otherwise. Periodic tenancies end with written notice of at least 7 days (week to week) or 30 days (month to month). The Act has no rule on automatic renewal clauses.
S.C. Code §§ 27-40-770, 27-40-310(d)
South Carolina has no state law in its Residential Landlord and Tenant Act that addresses what happens to a lease, the deposit or belongings when a tenant dies. The Act's abandonment rule treats a tenant's unexplained absence for 15 days after a rent default as abandonment.
S.C. Code Title 27, Ch. 40 (reviewed); § 27-40-730
South DakotaSouth Dakota has no state law in its lease chapter that sets a consent standard for a residential tenant to sublet or assign. The chapter provides that a landlord has the same remedies against the tenant's assignees, for claims arising while they hold the lease, as against the original tenant (except an assignment made only as security for a loan without possession).
SDCL ch. 43-32 (reviewed); SDCL 43-32-20
If a tenant stays after the lease ends and the landlord accepts rent, the lease is presumed renewed on the same terms and for the same length of time, up to one year. A lease with no stated term renews automatically unless either party gives notice at least as long as the rental period, up to one month. A tenant who holds over after the lease ends can be removed through an eviction (forcible entry and detainer) action. SDCL 43-32 sets no holdover rent penalty and no rule on automatic renewal clauses.
SDCL 43-32-14, 43-32-15; SDCL 21-16-1(4)
A lease that either party can end at will is terminated when the other party receives notice of the tenant's death; in other cases the lease is not ended by the tenant's death. The lease chapter has no separate procedure for a deceased tenant's belongings or deposit.
SDCL 43-32-23; SDCL ch. 43-32 (reviewed)
TennesseeNot verified yetA 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
TexasDuring 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
UtahUtah'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)
VermontA 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)
VirginiaVirginia'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
WashingtonWashington'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
West VirginiaWest 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)
WisconsinA tenant with a tenancy at will or a periodic tenancy shorter than year-to-year (such as month-to-month) may not assign or sublet without the landlord's agreement or consent. Other tenants (for example, under a fixed-term lease) may transfer their interest unless the lease expressly restricts it. Consent to one transfer is not consent to later transfers.
Wis. Stat. § 704.09(1), (5)
An automatic renewal or extension clause in a residential lease cannot be enforced against the tenant unless the landlord gives separate written notice of it 15 to 30 days before the tenant's deadline to give notice. If a residential tenant holds over after the lease expires, the landlord may remove the tenant or choose to treat the tenant as month-to-month on the same terms (accepting rent counts as that choice). If the tenant stays without consent, the landlord may recover damages of at least twice the daily rental value for each day of holdover.
Wis. Stat. §§ 704.15, 704.25, 704.27; Wis. Admin. Code ATCP 134.09(3)
When a residential tenant dies, the tenancy ends on the earlier of 60 days after the landlord learns of the death or the end of the lease term; a month-to-month or at-will tenancy ends 60 days after the landlord learns of the death. The tenant's estate owes no rent after that, subject to the landlord's duty to reduce its losses, and other adult tenants remain bound. The landlord may not contact the tenant's family to collect rent they do not owe.
Wis. Stat. § 704.165
WyomingWyoming'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)

Subletting, Lease Endings & Tenant Death: state-by-state guides

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.