Read further to learn more about the rules and regulations surrounding subletting in Kansas, whether for residential or commercial tenancy.
What is a Sublease Agreement?
In the state of Kansas, one of the options that many tenants consider when they are not able to stay in the unit for the full term of the lease agreement is a sublease agreement. This is an option that allows the original tenant to keep the lease without breaking the terms of it by passing the responsibilities that they hold as a tenant to a new tenant. When this happens, the original leaseholder becomes the sublessor, and the new tenant becomes the sublessee.
In many situations, the landlord may require the original tenant to get their permission to have a sublease agreement that allows someone else to live in the unit. This is something that happens when the original tenant needs to leave the area, and it can be set as a fixed sublease agreement that lasts for a specific period of time or one that can renew after the original time period passes. All of the responsibilities that are in effect between the original tenant and the landlord will be passed on to the new tenant. They will be required to pay the rent on time, take care of the unit that they are living in, and make requests for repairs to get completed when they need to be done.
When rent is not paid on time, there will be a penalty that the new tenant will be responsible for. In addition, if anything happens that causes the lease agreement between the tenant and the landlord to be void, the sublessee will not necessarily have the legal grounds to do something that will help them keep the unit as a rental that they can use. This can include things like not paying the rent on time, having loud parties, and disturbing the neighbors. For this reason, it is important that all sublessors do background and credit checks on the potential sublessees before they are accepted as tenants in the unit. This will help the sublessor get an idea of whether or not the sublessee is going to be a good fit for the unit.
Also, before a sublease agreement is even considered, make sure that it is something that the landlord permits. In the state of Kansas, there may be a clause in the original rental agreement that will indicate whether it is allowed or not. If the arrangement is permitted, then the landlord may request that the original tenant gets prior approval of any new tenant that will be living on the property. They may also request that the new tenant provides a security deposit as well.
How to Write a Sublease Agreement in Kansas
When a sublessor is writing up a sublease agreement, there are going to be certain sections that need to be included in the document. The most important parts to make sure to include are:
Identifying the Parties
As with any type of rental agreement, the first section of the document should define the parties that are going to take part in the agreement. When writing a sublease agreement in Kansas, the new tenant is typically the first person who is listed. This should include their full names, which will also include their middle name or initial. The second piece of information that should be on the document is the name of the original tenant because this is an agreement between those two parties. In addition to the full name of the two individuals, the address and a phone number where they can be reached can also be included in this section. If preferred, an email address for both can be listed here as well for an alternative method of contacting them.
Additionally, make sure to include the address and the phone number for the actual landlord who owns the property so that the new tenant will know where they can be reached. Also, if there is a management company, make sure to include their information as well.
Description of the Rental Property
In the next section, it is important to identify the property that is changing hands. The full address of the unit should be listed in this section. Also, make sure to mention if there is any damage that is currently present on the premise so that the new tenant is not responsible for paying for it to be repaired. Some sublessors will decide to leave furniture in the unit for the new tenant to use, so if this is the case, make sure that any furnishings that are staying on the property are listed here and whether or not the new tenant is expected to return it.
The Rental Agreement and the Security Deposit
In the next section of the sublease agreement, the terms of the arrangement that is being drawn up should be discussed. This will include the dates that the new tenant is going to be living on the property and the steps that they will need to take in order to renew their agreement. Some landlords will permit the sublessee to take over the original lease when it is time for it to be renewed it the original tenant no longer wants to continue their residency.
The total amount that needs to be paid each month for rent as well as whether it should be dropped off in a specific location or mailed should also be listed here. If the landlord requires a security deposit from the new tenant, it should be added to this section. Some sublessors may also add a security deposit to the initial payment if one is not required to cover the cost of any repairs that occur while the new tenant lives there. Also, include things like a pet policy, a noise policy, and any disclosures that the new tenant will need to know.
Signature Section and Landlord Consent
The final section of the document is the location where the sublessor and the sublessee sign the document. The date will also be required, and if the landlord needs to provide their consent for the agreement to be legal, they can sign in this section as well.