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Read further to learn more about month-to-month residential lease agreements in Kentucky, such as what disclosures are required and what else should be included.
What is a Month-to-Month Residential Lease Agreement?
When a person does not know how long they are going to be able to stay in one location, they have options that will help to get a rental without breaking the agreement. A month-to-month residential lease agreement is different from a regular agreement because it is something that will automatically renew each month, but the tenant will not be bound to the terms of an extended contract that will prevent them from moving.
This can be a beneficial option for a student who is only going to live in the area for nine months out of the year, an individual who is going to purchase a home, or a person who is only going to be in the area until a job that they are working on is complete. As long as the rent is paid on time and the landlord and the tenant have a good relationship, it is likely that the agreement will continue for as long as the tenant needs. With this type of lease, both parties will be able to terminate the agreement, and according to statute § 383.695, they will need to provide the other party with a 30-day notice.
Writing a Kentucky Month-to-Month Lease Agreement
When a landlord is writing up a month-to-month lease agreement, there are going to be certain sections of the document that need to be included. This is a lease agreement that is going to be slightly different than fixed-term leases, so to make sure that everything is legal, make sure to include the following sections.
Define the Parties
The first thing that will need to be defined in any lease agreement is the parties that are entering into the agreement. This will constitute the landlord as well as the tenant who will be moving into the unit. If there is more than one tenant, all of their names will need to be listed in this section. This will include the first and last name of each individual. Sometimes, the middle name or initial is also required. If there is a management company that is going to be responsible for tending to the unit, their information should be listed in this section as well.
In addition to the names of the parties that are involved in this month-to-month agreement, the address of each should be included as well as a phone number where each individual can be reached. If there are alternative methods of contacting the parties, they can be listed in this section as well.
Define the Property
After the parties have been defined and listed in the document, the next part of the agreement will need to include a description of the unit that is being rented. This will need to include the full address of the property, which should include any floor or unit number that may help the tenant identify the property. Make sure that the county that the unit is located in is included as well as any identifying aspects of the property.
If there is a pool, exercise equipment, or grills on the property, make sure to list them as well in this section. Storage facilities that are located on the premise should be included too. Don’t forget to include the square footage of the unit so that the tenant knows if it is large enough for their needs before signing the agreement.
After the property and the parties have been defined, the next thing that will need to be placed in this document is the important terms of the lease agreement that the tenant will need to know about before agreeing to the terms. It will need to begin with the amount of rent that is going to be due each month as well as the day that the tenant will need to give it to the landlord. The rent for a unit that has a month-to-month lease is typically a bit higher than it would be with a yearly lease, but this can often be negotiated with the landlord if the price of the rent is more than a tenant is willing to pay for flexibility.
Make sure to place the dates of the lease in this section of the lease as well. In addition, if there are fees that a tenant will need to be aware of when they are late paying their rent, then make sure that they are written in this section as well so that the tenant will know the consequences of paying rent late. With this type of lease, there is no actual end to the terms of it because, even though the agreement effectively ends each month, most of these month-to-month agreements will have an automatically renewing term. If one party wishes to end the lease and terminate the agreement, they must provide the other party with a notice of at least 30 days.
In addition to the rent payment that is due each month, the amount that the tenant will need to pay for the security deposit will need to be listed in this section as well. In this state, there is no maximum limit to how much can be charged by the landlord, but typically, it is not much more than a month. After the tenant vacates the property, the landlord will have 60 days to return the deposit to the tenant. If the tenant does not provide a forwarding address, the landlord can keep the security deposit that was left with them.
When a tenant moves into a unit that they are paying rent for, regardless of whether the unit is being rented with a fixed-term lease or a month-to-month, they are going to expect certain things with their rental. The concerns that will need to be addressed so that the terms are known for the rental include:
- Parking Concerns: In the state of Kentucky, it is rare for a person to reside in the area without owning a vehicle. Because of this, any tenant is going to need to have a parking space near the unit that they are renting. If there is no designated parking for the tenants to use, then there will need to be a parking lot that they can use.
- Quiet Time: In some areas of the state, there are landlords that will put rules and restrictions on the time when the tenants can move furniture and be excessively loud on the property. This is called quiet time, and it is the time when most people sleep, so it is only reasonable for the landlord to ask the tenants to keep it down during those hours. If there is a quiet time in the neighborhood, make sure that it is listed in the document.
- Pet Regulations: In the state of Kentucky, there are some rental units that will allow pets to be inside the premises, while others may not allow pets on the property at all. If any rules pertaining to pets in the unit, they are going to need to be listed in this section of the document. The regulations could include breed limitations as well as a limit on the number of pets that can live in each unit.
- Grilling: Kentucky is a reasonably nice state, so residents may want to know if grilling is permitted on the property. If there are designated grills for the tenants to use, those spaces where they are available should be listed here. In addition, if there are rules that prohibit grilling at all, make sure they are stated as well.
- Maintenance: With most rental properties, the landlord is going to be responsible for the maintenance needs of the unit, but if this is not the case, it needs to be clearly stated in this document. If there is a specific number for the tenants to reach someone during an emergency, make sure that the number is included in this section as well. Most landlords will allow the tenants to make changes and alterations to the property, but they may request that they get approval before doing anything.
- Bicycles: This is something that adults and children alike will use when they are living in the rental unit. Sometimes, a bike can be difficult to store, especially if the unit is not on the first floor. If the landlord or the management company has a designated location where the bikes can be stored safely, then it should be written down in this portion of the document for the residents to see.
When all of the imperative aspects of the month-to-month contract have been covered in the document, the last thing that should be considered is the signature section to make sure that the document is legal. Both parties will be required to sign and date the document. There will also be a space for each party to print their name in this section of the document as well. If there is more than one tenant, then they will all need to sign the document.