A Kentucky sublease agreement allows a tenant to bring in a new party while keeping the original lease in full effect. This document also helps property owners track who occupies the unit and ensures that the incoming tenant complies with all lease requirements, so the rental continues to operate smoothly and legally.
Does a tenant need a landlord’s permission to sublease in Kentucky?
A tenant in Kentucky needs the landlord’s consent to sublease when the written lease requires it, and property owners avoid confusion by clearly explaining this requirement in the agreement. Kentucky law does not include a statute that directly addresses subleasing in residential rentals.
As such, landlords should set clear expectations by outlining subleasing rules in their Kentucky lease agreement. To handle subleasing consistently in future rentals, property owners should consider using a legally reviewed lease agreement builder to draft the contract on their behalf.
Information to Include in a Kentucky Sublease
Landlords benefit when they treat every sublease as a standard rental agreement that sets clear expectations for everyone involved. Below is the key information landlords should include within a Kentucky sublease:
Names of landlord and sublessor: Include the full legal names of the landlord and the sublessor so the agreement clearly records everyone involved in the sublease.
Rental unit address: List the complete address of the rental unit to confirm the exact space the sublessee will occupy.
Length of the sublease agreement: Note the start and end dates to define the specific period covered by the sublease.
Rent amount: Detail the monthly rent the sublessee pays and identify the due date to avoid any confusion about payment expectations.
Division of utilities: Specify which utilities the sublessee must pay and reference the terms outlined in the landlord-tenant utility agreement.
Security deposit information: Describe the deposit amount, explain potential deductions, and connect the rules to the security deposit laws in Kentucky.
Maintenance protocols: Explain how the sublessee should report repair needs and tie those expectations to the best practices covered in the guide on rental property maintenance.
Property policies: List the rules on noise, cleanliness, parking, pets, and other property standards the sublessee must follow during the sublease.
Early termination terms: Describe the circumstances that allow early termination and outline any required notice or fees tied to ending the sublease ahead of schedule.
Landlord’s right to entry: Note how and when the landlord may enter the rental property while still following proper notice rules.
Renter’s insurance: Clarify whether the sublessee must carry insurance to protect belongings and cover accidental damage during the sublease.
Landlord’s consent to sublease: Make official the landlord’s approval of the sublease and mention any specific conditions connected to that consent.
Subtenant’s obligation to comply with the master lease: Confirm that the sublessee agrees to comply with all terms of the original lease so the rental remains in good standing.
Move-in condition checklist: Have the sublessee complete a detailed checklist or a formal move-in condition report to record the unit’s condition at the start of the sublease.
Emergency contact information: Provide emergency contact details so the sublessee knows who to reach during urgent situations.
Guest policy: Describe the expectations for guest visits, including limits on stay length and any rules tied to overnight visitors.
Copy of master lease: Attach the full original lease so the sublessee understands every requirement they must follow.
Signatures: Collect all required signatures and give parties the option to e-sign the agreement to complete the sublease.
Additional attachments: Add any supporting documents landlords want the sublessee to review, such as property rules, inspection forms, or disclosures.
Taxes Implications for Short-Term Subleases
A short-term sublease in Kentucky can trigger state sales tax when the rental period lasts fewer than 30 days, since the state charges its 6 percent sales tax on short-term accommodations. In these cases, the sublessee may see the tax added to the rental amount, depending on how the parties handle payments (KRS 139.200).
Kentucky landlords also gain clarity when they review local short-term lodging taxes, since rates vary across different cities and counties.
For example, the City of Frankfort Tax requirements include:
- Kentucky State Sales Tax – 6%
- Kentucky Transient Tax – 1%
- City of Frankfort Transient Room Tax – 4%
- Fine Arts Tax 2%
