A Kentucky sublease agreement allows an original tenant (“sublessor”) to rent out property to a new tenant (“sublessee” or “subtenant”). Sublessees are subject to the terms of the original lease. While, the sublessor is responsible for ensuring that rent is paid on time and that the property is not damaged.
To save time and ensure everything is filled out correctly, we recommend using our free Kentucky sublease agreement builder or reading our steps on how to write a Kentucky sublease agreement below.
How to Write a Kentucky Sublease Agreement
- Name the original tenant — This section should highlight the name of any person mentioned in the original lease. The original tenant is also known as the sublessor.
- Name the new tenant — The new tenant’s name should be included in this section. This person may be referred to as the sublessee.
- Name the original lease’s landlord – The landlord involved in the original lease should also be mentioned in the sublease agreement.
- Choose the property type — Mention the specific type of property that will be involved in the sublet. Common options include apartments, condominiums, houses, townhouses, and rooms.
- Mention other relevant information about the property — This may include which rooms will be leased or if any other elements are available to the sublessee. Examples could include parking spaces, garage spaces, storage units, or furnishings.
- List the address to be used for sending rent and notices — This will typically be the rental property’s address, although another address could potentially be included in this section.
- Include a copy of the original lease — Protect all parties involved by attaching a copy of the original lease to the sublease agreement.
- Mention the term of the sublease — Detail the beginning and end date of the sublease agreement.
- Note the rent — The sublease agreement should reference both the full rent and the portion to be paid by the sublessee. This section may also mention the sublessee’s obligations for paying the utilities or any portion thereof.
- Highlight property-specific restrictions — Any specific rules or restrictions for the property should be explained in detail. Examples could include rules for subleasing with pets or bans on smoking.
Kentucky Sublease Laws
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 Kentucky. Once you’ve filled out a Kentucky 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 Kentucky laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Kentucky Landlord-Tenant Laws: Chapter 383 of the Kentucky Revised Statutes
In Kentucky, a sublessor:
- Must give a subtenant seven days (7) written notice to pay rent or leave
- Can retain the security deposit after thirty days (30) of the end of the sublease if the tenant owes rent and doesn’t demand a return, or after sixty days (60) if the tenant doesn’t owe rent and doesn’t demand a return after receiving notification of how to receive the deposit.
- Must provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Kentucky Sublease FAQs
Is subletting illegal in Kentucky?
No, subletting is legal in Kentucky unless it’s specifically forbidden by the original lease.
Are Kentucky tenants allowed to sublet without permission?
Kentucky tenants are allowed to sublet without explicitly obtaining permission from landlords. However, lease agreements may contain clauses that mandate landlord approval prior to subletting. Be sure to check your original lease before creating a sublease.
How to get out of a Kentucky sublet agreement
The process of getting out of a sublease in Kentucky resembles that of breaking a lease. Subleases can end early with the landlord’s consent or if any party has violated the terms of the lease.
To legally break a sublease agreement as the sublessee:
- The sublessee have been called to active military duty,
- The unit is uninhabitable
- The sublessor must have violated the privacy of the sublessee
- Other valid legal reasons
Additionally, if a sublessor wants to get out of the terms of a sublease agreement with their sublessee, they need to send the appropriate Kentucky eviction notice. This is the same eviction process that a landlord would have to follow in order to break a standard lease.