A Kansas sublease agreement is a legal document that permits a tenant (or “sublessor”) to rent out the property they’re currently renting to a third party (the “subtenant”) during part or all of the lease term.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Kansas laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Most residential lease agreements in Kansas have a clause that requires the tenant to receive written permission from the landlord before they can sublease the property. But even if the lease doesn’t specifically require you to get your landlord’s permission, it’s usually a good idea to do so to avoid potential issues.
Laws & Requirements
Sublease and Assignment Provision Laws: § 58-2511, Kansas Statutes.
Landlord-Tenant Laws: Chapter 58, Article 25 of the Kansas Statutes.
Security Deposit Obligations: The security deposit must be returned within 30 days of the end of the sublease.
Notices: In Kansas, sublessors must provide three days’ written notice to pay rent or leave for those who have lived at the property for less than three months and ten days for those who have lived at the property for more than three months. They also need to give 30 days’ written notice of the intent not to renew the sublease and/or original lease.
Permission to Sublet
In Kansas, if the original lease term is less than two years, tenants can’t sublease without written permission. For other types of tenancies, the ability to sublease depends on the original lease’s terms
- Laws: KS Stat § 58-2511
- Explicit Written Consent: Subleasing is allowed with written consent if the original lease is less than two years old. With other tenancy types, sublease consent depends on the lease terms.
- Landlord’s Right to Reject: Even with permission, the landlord can reject a subtenant for reasons such as bankruptcy or a low credit score.
Tax Obligations
Lodgings Tax
- 6.5% State Sales Tax
- Local Sales Tax (varies by location)
- Transient Guest Tax (varies by location)
Sample
You can download a free sublease agreement template for Kansas below in PDF or Word format:
Related Forms
Rental Application
Vet potential tenants properly before signing a lease.