Read further to learn more about the rules & regulations surrounding subletting in Kentucky, whether for residential or commercial tenancy.
What is a Sublease Agreement?
In Kentucky, there is a type of agreement that the tenant can enter into with another person when they cannot uphold their end of the original lease agreement. This is a solution when an individual needs to move because of a job, college, or some other reason, which means that they will no longer be able to reside in the unit that they are renting. The person that they are entering into the sublease agreement with will be able to take over residency of the unit in their place, which means that the terms of the original lease will still be in place.
With this type of agreement, the new tenant becomes the sub-lessee, and the original tenant becomes the sub-lessor. The sub-lessee will have all of the same responsibilities as the original tenant, which means they will need to pay the rent on time, take care of any maintenance concerns that may arise, and follow the rules that were set forth in the original agreement. If the rent is not paid on time by the new tenant, they are going to be responsible for covering the cost of the late fee that the landlord adds onto the rent as well.
If anything happens to break the terms of the lease, the original tenant will be responsible for fixing the situation because the sublease agreement is actually an arrangement between the sub-lessor and the sub-lessee. The landlord may require the original tenant to get permission to write a sublease agreement, but the arrangement will not include them. However, they may allow the new tenant to remedy the situation and take over the lease if a problem with the original tenant arises.
The sub-lessor is going to be responsible for the actions of the sub-lessee, so it is imperative that they get an idea of the person that they are letting into the unit before they accept them as a tenant. This could mean that the original tenant will need to do background checks to get a full picture of the individual. Having loud parties that disrupt the neighbors can be a cause for eviction, so before signing a sublease agreement and moving away from the property, getting to know the individual that will be taking over the unit could prove to be beneficial.
Additional Expenses for a Sub-Lessee
When the sub-lessee takes over the unit, there are going to be other expenses that they will need to take care of. This will include the rent payment each month and an initial security deposit if one is required. Also, the sub-lessee will need to take over paying the bills for the unit that are not covered by the landlord. If the original tenant does not plan to move back onto the premises, the utility bills will need to be transferred to the new tenant’s name so that they can be held responsible for paying them.
How to Write a Sublease Agreement in Kentucky
With any sublease agreement, the most crucial parts that will need to be included in the document are:
Names of the Parties
At the top of any sublease agreement, the first thing that should be seen is the information that defines the parties that are going to be taking part in the agreement. This will include the new tenant, whose information is typically on the first line, and the original tenant. The information that needs to be included will be the first, middle, and last name of both parties as well their current address, and a phone number where they can be reached. If there is an alternate phone number that can be used to contact the individual or an email address, it can be listed in this section as well.
Description of the Property
Below the names of the parties involved, the next piece of information that will need to be written in this document is information about the unit that is being rented. This will need to include identifying factors of the property as well as the full address where it is located. In this section, make sure to include any information about any damage that is already on the property so that the new tenant is not responsible for it when they vacate.
The Rental Agreement and the Security Deposit
Next, it’s essential to lay out the terms of the rental agreement as they were originally written in the lease. The sections will also need to include the dates that the unit will be being subleased to the individual who was listed at the top of the document. If the new tenant is able to renew the lease, that information should be included as well. When it is time for a residential lease to renew, some landlords will allow the sub-lessee to take over the lease when the original tenant is no longer available.
In this section, the amount of rent that the sub-lessee will need to pay each month to stay in the unit will need to be written as well. Make sure to include the location where the rent should be dropped off and the date of the month that it is due. If there is a security deposit required via the landlord, it will need to be discussed in the document as well.
If there are any additional rules that the new tenant will need to be aware of when they are living on the premises, they will need to be listed as well. This can cover a noise policy, a smoking policy, a pet policy, and more. Anything that was disclosed in the original lease will need to be here for the new tenant to see so that they are fully aware of the policies that they are agreeing to on the property.
Signature and Consent
The last section that will need to be placed in any document of this type is the signature section. Both the sub-lessor and the sub-lessee will need to place their signature and the date at the bottom of the document. If the landlord needs to provide their consent for a sublease agreement, they can sign here as well.