Tennessee Subletting, Lease Endings & Tenant Death
Tennessee rules on subletting, lease endings & tenant death for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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. Tenn. Code Ann. § 66-28-512
The rules in Tennessee
| When the lease ends | 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. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The page says it is current as of January 2, 2024. Tennessee's Uniform Residential Landlord and Tenant Act applies only in counties with a population over 75,000 (2010 census) (Tenn. Code Ann. § 66-28-102(a)); in other counties these sections do not apply. Source: Tenn. Code Ann. § 66-28-512 |
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Tennessee vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| 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 |
| Alabama | Alabama'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) |
| 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 |
| Georgia | A 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 |
| 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 |
| 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 |
| 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 |
| North Carolina | North 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 |
| Virginia | Virginia's Residential Landlord and Tenant Act does not set a general rule requiring a landlord to allow or refuse subletting. If the lease lets the landlord approve or reject a proposed subtenant or assignee, the landlord must approve or disapprove within 10 business days after receiving the person's written application on the landlord's form. If the landlord does not act within 10 business days, that is evidence of approval. Va. Code § 55.1-1204(G) | A month-to-month tenancy can be ended by either side with written notice at least 30 days before the next rent due date (unless the lease sets a different period); week-to-week needs 7 days. If the tenant stays after the lease ends without the landlord's consent, the landlord may sue for possession, actual damages, attorney fees and costs unless the tenant shows the delay was reasonable; the lease may set liquidated damages of up to 150% of the daily rent for each day the tenant stays past the date in the landlord's notice. If the landlord agrees to let the tenant stay and no new lease is signed, the old lease terms continue, and new rent takes effect only on the next rent date at least 30 days after written notice. Va. Code § 55.1-1253 | If the only tenant on a written lease who still lives in the unit dies, the lease is treated as ended by the landlord as of the date of death, and no court order is needed for possession. The estate stays liable for actual damages, which the landlord must mitigate. If no court-appointed estate representative exists, the landlord must give at least 10 days' written notice to the emergency contact named in the lease or application (or to the tenant's address) before treating belongings as abandoned; the contact person may access the unit and claim the property. Other occupants must leave within the 10 days. Va. Code § 55.1-1256 |
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Tennessee Subletting, Lease Endings & Tenant Death FAQ
What happens when my lease ends in Tennessee?
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)
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.