What Is a Kansas Lease Agreement?
A Kansas lease agreement is an agreement through which a property is leased out in the state of Kansas. The owner of the property (known as the lessor) leases out the property to a person who wishes to rent it (known as the lessee) and they enter into an agreement which lays down the manner in which the lease shall function.
All the important terms needed in the lease are included in the agreement. It is imperative that the agreement complies with the Kansas landlord-tenant act. Kansas has some very specific rules regarding security deposit, disclosures and termination
When Do You Need a Kansas Lease Agreement?
This agreement is needed in all situations where a particular property is being leased out by the owner of the property to a lessee. A Kansas residential lease agreement is essential to lay down the terms of the lease related to a residential property. The agreement also mentions the duties and obligations that have to be carried out by the lessee.
This agreement is important as it protects the interests of both parties involved and also serves as evidence of the clauses that have been mutually agreed to by the parties. This contract can be used for different types of leases such as a residential lease, commercial lease or a rent to own contract in Kansas.
Inclusions in the Kansas Lease Agreement
A kansas lease would contain the following terms:
- The details of the parties entering into the contract
- The commencement and the termination date of the agreement
- The term period of the lease including the hours duration to avoid confusion
- The rental amount payable during the lease and the number of instalments it is split into
- The time period within which and on the date when it should be paid
- The security deposit that the lessee should pay and the way it would be repaid, along with the duration after which it would be repaid. These details should abide by the Kansas Residential Landlord and Tenant Act
- A description of the leased premises.
- Disclosures that the landlord should make regarding the house and any hazards
- The utilities that would be included with the property and the utilities for which the lessee would need to be pay for himself
- Termination of the agreement and the legal recourse available to both parties
- Obligations of the landlord and the tenant
- Notice of surrender of the lease
How to Draft a Kansas Lease Agreement?
- The nature of the lease that is being provided to understand the condition that the property would be in at the end of the lease
- Whether the provision of utilities is also being charged by the landlord or deduction is being offered for the ones provided by the lessee
- How to treat early surrender of the lease
- The amount of security deposit to be charged and its treatment
Benefits of the Kansas Lease Agreement
The following are the benefits and drawbacks of this agreement:
- The major benefit of having a written lease agreement is that it serves as evidence of the conditions under which the property has been leased out to the lessee.
- It helps avoid any misunderstanding between the parties in the future.
- It helps protect the rights and interests of the lessor and the lessee.
- In case the lessee causes any damage to the property or violates any of his obligations or duties under the agreement, the lessor will have certain remedies in place. The lessor can choose to terminate the agreement.
- Under Kansas law, the landlord must return the security deposit within a period of 30 days from the end of the lease. If this is not done, the tenant will have adequate remedies.
Key Terms in the Kansas Lease Agreement
The key terms in a Kansas lease are as follows:
- Description of the property
- Purposes for which the property may be used
- Term of the lease – This will include the start and end date of the lease
- Rent amount and schedule for payment of the same
- Amount of security deposit
- Default on rent payment
- Maintenance of property
- Events of default
- Remedies for events of default
- Termination of agreement
What Happens in Case of Violation?
The lease agreement will have a clause that lists the acts and situations that will amount to an event of default. It will also provide remedies for the same.
Generally when the agreement is violated by the lessee or if the lessee fails to carry out his duties under the agreement, the lessor can serve a notice to the lessee asking him to cure the breach within a certain period of time. If the lessee fails to do so, the lessor has the option of terminating the agreement. The lessor can take back possession of the property and he can also recover damages from the lessee.
Before a legal recourse however, parties may decide to go for arbitration. Otherwise, any breach by the tenant would result in forfeiture of the security deposit and any breach by the landlord would be actionable against him. The courts may award punitive damages or compensatory damages
You can download a Kansas lease agreement sample here