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An original tenant expecting to sublet a rental property may rely on a sublease agreement. It's a document that binds a sublessor with a new tenant (sublessee) during a lease period.

This document may benefit a sublessor who is unable to terminate the original lease term because they must be away for a while or are facing financial problems that may affect rent payments.

Sublease Agreement

Through a sublease agreement, a sublessee can obtain partial or total access to a property in exchange for periodic payments. In Kentucky, this lease allows the initial tenant to enter into a deal with another person when they are unable to honor the original lease.

Under this document, the person who signed the original lease will not be able to reside on the property. In turn, the new tenant must take over the unit in compliance with the terms set forth in the original contract.

What to Include

In order to draft in sublease agreement according to the laws of Kentucky, this is what you must add:

  • Personal data of the sublessor, including their names, surnames, telephone number, and address
  • The new tenant's name, middle name, last name, address, and phone number
  • Description of the property, including information about any damage to the unit before the sublease
  • Information related to the security deposit, including the amount and date of return in case it is not spent or whether it can be used to pay for property damage
  • Basic information about the rental, including dates the unit will be sublet or whether the sublessee can renew the lease
  • Details about utilities, defining the ones the subtenant is responsible for
  • Rental Terms (In Kentucky, the sublease document must uphold what the original lease agreement says)
  • Additional rules that the subtenant must follow, such as a pet or smoking policy
  • Written permission and signature of the landlord, if applicable

How to Write One

Each sublease agreement must be state-specific and include the terms established in the original contract. These are the steps that must be followed when drafting one:

  • Name all parties involved, including the sublessor, the sublessee, and the landlord if required
  • Define the sublease term (start and end dates must be included)
  • Set the financial responsibilities of both parties
  • Explain terms, rules, and policies
  • List any restrictions
  • Describe the sublet property's conditions
  • Date and sign the document (these contracts must include the signature of the landlords if the original lease requires it)
  • Attach a copy of the written consent (if landlord approval is required)
  • Attach a copy of the original lease

Special Laws

Kentucky law allows an original tenant to sublet a property to a new tenant as long as the master lease does not prohibit the practice and the landlord agrees with the subletting.

Therefore, a sublessor should carefully read the original lease before undertaking the process to understand the landlord's position and determine if they are permitted to rent a leased property to another person.

Under Kentucky law, the premises owner may require the original tenant to obtain permission to draft a sublease agreement.

Sublessors

Under a Kentucky sublease agreement, the sublessor (original tenant) has the same responsibilities as the original lease. In other words, they must ensure that the rent is paid on time and the premises are not damaged by the new tenant. 

Also, although the sublessee is the one who pays the rent, the sublessor must collect that money and deliver it to the landlord on the date set in the original lease.

Therefore, describing the premises' conditions in the sublease document is essential and useful for both parties.

Build Your Own

If you are planning to draft a sublease agreement but don't know where to start, Door Loop has the right solution! 

Here's a Kentucky sublease agreement template you can use to streamline the process! 

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Conclusion

In Kentucky, a sublease agreement can protect all parties involved. With this document, the landlord ensures that the original terms are respected.

In addition, the original tenant can find a solution if their finances have recently been affected or if they need to move to another city without facing the consequences of not complying with the lease agreement. 

A sublease agreement can also be helpful to the person subletting a unit, as it lists conditions and terms to avoid future problems.

FAQs

Is Subletting Legal In Kentucky?

Yes, subletting is legal in Kentucky. A sublessor can rent a leased unit to a new tenant as long as the landlord consents.

Should I Include Information about the Security Deposit in the Sublease Agreement?

Yes, the sublease agreement must include the security deposit's details and any other amounts paid.

Who Should Pay the Rent to the Landlord?

Although the new tenant must make the monthly payments, the sublessor is in charge of paying rent to the landlord.

Is the Sublessor Liable for Any Damage Caused to the Premises?

Yes, a sublessor is responsible for damages caused to premises and rent payments when they sublet a unit.

What Additional Expenses Should the Sublessee Cover?

The subtenant must pay the rent payment each month and an initial security deposit when they take over the sublet unit.

Also, in some cases, the sublessee must pay bills for the property that the owner does not cover. When this occurs, the bills must be transferred to a new tenant, who will be responsible for paying them.

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David Bitton

David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!