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Read further to learn more about month-to-month residential lease agreements in Kansas, such as what disclosures are required and what else should be included.
What is a Month-to-Month Residential Lease Agreement?
When a person is looking for a rental option that has a short-term commitment instead of a long-term one, they often seek out a unit where the landlord is offering a month-to-month lease. This lease agreement will eliminate the need for the tenant to stay on the property for a year or two and give them the flexibility that they are going to need throughout the year.
This is often a good choice for a student who is looking for housing during the school year or an individual who is going to need to leave the area in a few months. It also provides a good option for a family who is looking to purchase their first home. The family will have a place to live while they are looking for their dream home to show up on the market, and when they find it, they will have the flexibility to move within a month without breaking the lease that they signed.
With this type of agreement, the rental agreement will automatically renew each month when it expires, and if the tenant decides to move out and end the lease, Kansas statute § 58-2570 states that they need to provide the landlord with a 30-day notice.
Writing a Month-to-Month Lease Agreement in Kansas
As with a traditional lease agreement, the month-to-month option will need to cover a few different sections so that all of the important things are listed in the lease agreement. When you write it out, make sure that you include:
Parties Involved and Personal Information
The first thing that should be seen in this document is the name of the parties that are committing to the agreement. This means that the tenant and the landlord will need to provide their full first, middle and last name. The name of the management company that deals with the property will need to be included as well so that contacting them can be easier to manage for the tenant. Also, if there are additional tenants that are moving into the property, their names will need to be listed in this section as well. In addition to the names of the parties, a good phone number that can be used to reach them should be included in the document as well.
The next part of information that should be included in the document is the information for the location that is going to be rented to the tenant. Make sure to include the full street address and any identifying aspects of the property. You should also include the unit number, the county, and the city where the unit is located. Most landlords will include the square footage of the unit in this section of the document to help the tenant get a better idea of what they are getting in the agreement and whether it fits their needs. If there is any storage facility on the property that the tenant will have access to, it will need to be listed here as well.
Terms of the Lease
After the parties and the property have been defined, the next section of the Kansas month-to-month residential lease agreement should cover the terms of the arrangement. This will include the date that the arrangement begins and the date when the first month of the arrangement ends. With this type of lease, the arrangement typically renews automatically each month, but if that is not the case or there is something that the tenant needs to do in order to keep the arrangement legal, that information needs to be provided in this section as well. When a tenant wishes to end an agreement, they must provide a 30-day notice to the landlord.
In this section, the amount of money that the tenant needs to pay each month for the rent that is due will need to be included as well. Generally, a month-to-month rental will have a higher rental rate because of the uncertainty that a landlord can have with having a tenant living on the property. Even though the tenant will have the freedom to vacate the unit at any time, the landlord will also be able to increase the rent without providing the tenant with much notice. Month-to-month agreements are not much different from a traditional rental agreement, so they will still need to list the amount that the tenant will need to pay for a late rental check and any fees that will be added to the rent if a check is returned because the bank does not cover the cost of it.
The last portion of information that should be covered in this section includes the information on the security deposit. According to statute § 58-2550, the security deposit for an unfurnished unit in the state of Kansas is a month’s rent, but if the unit is furnished, it can be up to a month and a half. When the tenant vacates the property, the landlord will have to return the security deposit within 30 days or itemize any deductions that need to come from the security deposit within 14 days.
Additional Tenant Expectations
Even though this is a different type of lease, the tenant who lives in the unit is going to expect some of the same type of allowances that a person with a yearly lease would expect. Things that should also be covered in this agreement include:
- Maintenance and Repair Expectations: Typically, with a rental property, the landlord will take care of all of the things that need to be done on the property when it comes to maintenance and repairs. If the landlord is not going to take care of these things when they need to be done, then the process that the tenant needs to follow to get the repairs taken care of will need to be listed here. Sometimes there is going to be an emergency number that the tenant will need to use if there is something that needs to be taken care of late at night. Typically, this will include electrical repairs, heating issues, and water issues like a leak because they need to be taken care of right away.
- Parking Concerns: Many residents who live in Kansas have a vehicle that they use to travel from point A to point B, which means that when they return home, they will need to have a place to park their vehicle. They could be assigned a parking space that is reserved specifically for the tenant to use, or there can be a parking lot that will be available for all of the tenants who live on the property to use. In either case, the landlord may or may not charge a monthly parking fee for the space, so the parking rules will need to be included as well.
- Pets Allowed: Pets are not always allowed on the premise of every rental property, so it only makes sense that it is something that will need to be covered in a month-to-month agreement. Some landlords will have certain restrictions when it comes to types of pets, breeds of pets, and sizes of pets, so if there are any restrictions that may apply to the new tenant, make sure to put that information in this section of the agreement.
- Quiet Time: When the rental unit is located in a community where there are going to be a number of other tenants who live in the same area, the landlord will most likely have a set quiet time in place. This is designed so that the sleep time of the tenants is respected and loud parties do not occur after a certain time at night. If there is a quiet time that is set for the neighborhood, make sure that it is listed here as well.
- Grilling: Grilling is a pastime that people like to enjoy when the weather is warm, but some rental properties only allow grilling to be done in certain areas. Others do not allow grilling at all. If there are rules when it comes to grilling, they need to be listed in the document.
- Locks: One of the main alterations that a person will consider when they are a new tenant is changing the locks on the doors to the unit or adding another lock to increase security. Sometimes, landlords will not permit the locks to be changed on the unit that is being rented, so if there are any regulations that the tenant will need to know about making new keys or changing the locks, it will need to be listed in the document as well.
The last section of the month-to-month residential lease that will need to be covered in the document is the part that makes the agreement legal: the signature section. Here, both parties will need to print and sign their name. Underneath the signature, there should also be a line provided for the date that the document was signed as well.