The Kansas sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in Kansas?
In Kansas, a tenant does need a landlord’s explicit written permission to sublet. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having low income or bankruptcy.
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Standard Kansas Sublease Agreements
Here’s what is generally included in a Kansas sublease agreement:
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third-party that is subleasing the rental unit is named in the sublease and is called the “Sublessee.”
- Term – List the exact date of the sublease beginning and ending date.
- Rental Unit Location – The address for the rental unit as described in the original lease.
- Rent – List how much the rent is, when, and how to pay it.
- Master Lease Inclusion – A copy of the Master Lease is attached to the sublease. If any exceptions in the Master Lease are not included they should be clearly stated in this section.
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Authorized Occupants – A list that identifies the new tenant(s) and those who are authorized to live in the rental unit including any policy about short-term guests.
- Security Deposit – Kansas law limits the maximum security deposit to one month’s rent. However, if the unit is furnished, a landlord can charge up to one and one-half month’s rent. This security deposit is held by the Sublessor (not the landlord).
- Mobile Home Security Deposit – The maximum security deposit for a mobile home (furnished or unfurnished) is two months’ rent.
- Return of Security Deposit – Kansas landlords have 14 days after determining deductions or 30 days after the lease term ends and the tenant vacates the unit to return any remaining portion of a security deposit with interest, whichever is earlier.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease (furniture or appliances).
- Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
- Utilities – The utilities to be paid by the Sublessor and those that are to be paid by the Sublessee.
- Smoking Policy – If smoking is restricted in the rental unit and any designated smoking areas are identified in the sublease.
- Landlord’s Consent – This section describes how the landlord is asked to consent (if consent is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor is responsible for paying for any damages as stated in the original lease agreement.
- Signature: The signature and date for the Sublessor, the Sublessee, any Co-Sublessors, and Co-Sublessees (if they exist).
Tax Implications of a Sublease in Kansas
A sublessor may be subject to the 6.5% Kansas State sales tax and local transient room tax if they sublet for 29 days or less. For example, in Overland Park taxes include:
- Kansas State Tax – 6.5%
- Johnson County Tax – 1.48%
- Overland Park City Tax – 1.13%
Total – 9.1%
