Utah Subletting, Lease Endings & Tenant Death
Utah 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: Utah's landlord-tenant statutes do not set a rule on whether a landlord must consent to subletting or assignment. Utah Code § 78B-6-802(1)(d); Title 57 Ch. 22 and Title 78B Ch. 6 Part 8 (reviewed)
The rules in Utah
| Subletting | Utah'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. Reviewed Utah Code Title 57 Chapter 22 (Utah Fit Premises Act), Title 57 Chapter 17 (Residential Renters' Deposits) and Title 78B Chapter 6 Part 8 (Forcible Entry and Detainer) on 2026-10-28; no landlord-consent rule for subletting was found. |
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| When the lease ends | 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. Reviewed Utah Code Title 57 Chapter 22 (Utah Fit Premises Act), Title 57 Chapter 17 (Residential Renters' Deposits) and Title 78B Chapter 6 Part 8 (Forcible Entry and Detainer) on 2026-10-28; no provision on automatic-renewal clauses was found. |
| If a tenant dies | 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. Reviewed Utah Code Title 57 Chapter 22 (Utah Fit Premises Act), Title 57 Chapter 17 (Residential Renters' Deposits) and Title 78B Chapter 6 Part 8 (Forcible Entry and Detainer) on 2026-10-28; no provision on a lease ending at a tenant's death was found. Source: Utah Code § 78B-6-816(2), (7)(c) |
Utah vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| Utah | Utah'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) |
| Arizona | Arizona'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) |
| Colorado | Colorado'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) |
| Idaho | According 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 |
| Nevada | Nevada'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 Mexico | New 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 |
| Wyoming | Wyoming'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) |
City rules that may add to state law
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Utah Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in Utah?
Utah'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))
What happens when my lease ends in Utah?
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))
What happens to a lease when a tenant dies in Utah?
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))
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.