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. When a sublease agreement is in place, the subtenant must abide by all of the terms of both the sublease and the original lease agreement.
If you live in Kansas and want to rent out your property to a subtenant, we recommend using our free Kansas sublease agreement builder or reading our steps on how to write a Kansas sublease agreement below.
How to Write a Kansas Sublease Agreement
- Review your existing lease — Your lease may require you to first get written permission from your landlord before entering into a sublease agreement. If you do need permission, you can notify the landlord by sending them a certified letter that informs them of your intent to sublease their rental unit.
- Name the current tenant(s) — List all people named in the original lease, along with their addresses (if different from the property being subleased), as well as their email addresses.
- Name the subtenant(s) — Write the name(s) of whoever will be subleasing the property, their address for notices (likely just the address of the subleased property), and their email address.
- Name the landlord — List the name of the landlord on the original lease, along with an address where they can be contacted when necessary.
- List terms of the original lease and attach a copy — List the beginning and end dates of the original lease. Format the dates in mm/dd/yyyy. You should also provide a copy of the original lease to the landlord.
- List the terms of the sublease agreement — State the start and end dates of the sublease in mm/dd/yyyy format, and the address of the subleased property, including the city and state. If the subtenant is renting the property month-to-month or week-to-week, make sure they understand that the sublease cannot extend past the end date of the original lease.
- Include additional information about the property if applicable — It’s best to clarify aspects of the property that are available to the subtenant — such as the number of bedrooms, bathrooms, parking spaces, storage units, and furnishings. Also list any restrictions, such as smoking or pets.
- Calculate the rent — State the total amount of rent for the entire sublease term, and the amount of rent due each month that the sublessee is responsible for. Also, list any utilities or additional fees the subtenant is responsible for paying each month. If there’s a security deposit the sublessee must pay the sublessor, list that total as well.
- Sign the sublease agreement — Both the sublessor and the sublessee must sign and date the agreement and print their names.
Kansas Sublease Laws
The Kansas Residential Landlord & Tenant Act doesn’t discuss subleasing property. That means it does not specifically prohibit a tenant from entering into a sublease agreement. However, it also doesn’t specifically allow a tenant to sublease either.
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Kansas. Once you’ve filled out a Kansas sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
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.
Kansas Landlord-Tenant Laws: Chapter 58, Article 25 of the Kansas Statutes
In Kansas, a sublessor must:
- Give a subtenant at least
- three days (3) written notice to pay rent or leave for those that have lived at the property less than three months
- or, ten days (10) written notice to pay rent or leave for those that have lived at the property for longer than three months
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Kansas Sublease FAQs
Do I need permission from my landlord before entering into a sublease agreement?
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. 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 problems.
Does a sublessee have the same rights as the original tenant?
Yes. A sublessee has both the same rights and responsibilities as the original tenant according to the terms of the original lease.
Can I sublease the property for the entire term of my lease?
Yes, you can sublease the property for the entire term of the lease. However, you can’t sublease the property beyond the final date of your original lease.
If your original lease specifically permits you to sublease, or you obtained the landlord’s permission, you could enter into a sublease agreement that covers the entire duration of your original lease agreement.