Wyoming Subletting, Lease Endings & Tenant Death
Wyoming 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: Wyoming's residential rental statutes do not set a rule on whether a landlord must consent to subletting or assignment. W.S. 1-21-1204(a)(v); W.S. 1-21-1201 to 1-21-1211 (reviewed)
The rules in Wyoming
| Subletting | 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. Reviewed W.S. 1-21-1001 through 1-21-1017 (forcible entry and detainer) and 1-21-1201 through 1-21-1211 (Residential Rental Property Act) on 2026-10-28; no landlord-consent rule for subletting was found. |
|---|---|
| When the lease ends | 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. Reviewed W.S. 1-21-1001 through 1-21-1017 (forcible entry and detainer) and 1-21-1201 through 1-21-1211 (Residential Rental Property Act) on 2026-10-28; no provision on automatic renewal, month-to-month notice or holdover rent was found. |
| If a tenant dies | 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. Reviewed W.S. 1-21-1001 through 1-21-1017 (forcible entry and detainer) and 1-21-1201 through 1-21-1211 (Residential Rental Property Act) on 2026-10-28; no provision on a renter's death was found. |
Wyoming vs. neighboring states
| State | Subletting | When the lease ends | If a tenant dies |
|---|---|---|---|
| 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) |
| 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 |
| Montana | Landlord'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) |
| 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) |
| South Dakota | South 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) |
| 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) |
More Wyoming rental law
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Wyoming Subletting, Lease Endings & Tenant Death FAQ
Can I sublet my apartment in 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))
What happens when my lease ends in Wyoming?
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))
What happens to a lease when a tenant dies in Wyoming?
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))
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.