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Kansas Roommate Agreement

A Kansas roommate agreement, also known as a room rental agreement, is a binding contract between individuals sharing a dwelling. This agreement outlines the rules and responsibilities of the roommates and is separate from the lease with the property owner or manager, meaning it does not create obligations between the roommates and the landlord.

Kansas Roommate Agreement

Key Features of a Roommate Agreement

  1. Co-Tenancy: Roommates are considered co-tenants when they are all on the same lease, sharing equal responsibilities to the landlord. If one roommate violates the lease terms, all co-tenants are liable.

  2. Joint and Several Liability: All co-tenants are jointly responsible for the lease terms. This means that if one roommate fails to pay rent, the landlord can seek the full amount from any of the co-tenants.

  3. Legal Hierarchy: In disputes, the original lease takes precedence over the roommate agreement. House rules established in the roommate agreement may not be enforceable in court.

Quick Guide to Writing a Kansas Room Rental Agreement

  1. Parties Involved: Specify who is making the agreement, the property address, and the landlord’s information. Include current contact information for all signatories.

  2. Lease Term: Note the duration of the existing lease and the length of the roommate agreement.

  3. Security Deposit: Discuss how to split the security deposit and the rules for its return or deductions.

  4. Rent Distribution: State the total rent amount and how it will be divided among roommates.

  5. Utility Payments: Determine how utility payments will be split and who will handle payments to the utility companies.

  6. Lease Violations: Establish rules for handling violations of the lease or roommate agreement, including procedures for early move-outs.

  7. House Rules: List any house rules regarding food, cleaning, guests, etc.

  8. Room Assignments: Specify which bedrooms are assigned to whom and which areas will be shared or private.

  9. Signatures: Ensure all parties sign and date the agreement, and attach the completed landlord consent form.

Types of Roommate Agreement In Kansas

Understanding the type of tenancy is crucial before entering into a roommate agreement. The law recognizes three basic types:

  1. Co-Tenancy: All roommates are on the same lease, sharing equal responsibility for rent and lease terms. They cannot evict each other without landlord involvement.

  2. Subtenancy: In this arrangement, the original tenant acts as the landlord to the subtenant. The original tenant can evict the subtenant for misconduct, but subleasing typically requires landlord approval.

  3. At-Will Tenancy / Guest Tenancy: This informal arrangement may exist without the landlord’s consent but can transition to subtenancy if the guest contributes to rent or stays for an extended period.

Rental Application

A rental application is used by landlords to assess the credentials of potential tenants. It typically includes checks on credit history, background, previous employment, and rental history.

Resolving Roommate Disputes

In the event of a dispute among roommates, the original lease takes priority over the roommate agreement. Non-lease related disagreements may be resolved through mediation or arbitration, but house rules are generally not enforceable in court.

Statutes

  • Kan. Stat. § 58-2505 – Termination of tenancy from year-to-year; notice
  • Kan. Stat. § 58-2507 – Termination of lease for three months or longer; notice; effect of payment of rent
  • Kan. Stat. § 58-2508 – Termination of tenancy of less than three months for nonpayment of rent; notice
  • Kan. Stat. § 58-2509 – Notice to quit not necessary, when
  • Kan. Stat. § 58-2542 – Jurisdiction of courts; procedure
  • Kan. Stat. § 58-2545 – Rental agreement; terms and conditions in absence thereof
  • Kan. Stat. § 58-2546 – Same; agreement not signed and delivered given effect by certain actions; limitation on term
  • Kan. Stat. § 58-2547 – Same; prohibited terms and conditions; damages
  • Kan. Stat. § 58-2550 – Security deposits; amounts; retention; return; damages for noncompliance
  • Kan. Stat. § 58-2551 – Disclosures required of landlord or person authorized to enter rental agreement; person failing to comply becomes landlord’s agent for certain purposes
  • Kan. Stat. § 58-2553 – Duties of landlord; agreement that tenant perform landlord’s duties; limitations
  • Kan. Stat. § 58-2555 – Duties of Tenant
  • Kan. Stat. § 58-2557 – Landlord’s right to enter; limitations
  • Kan. Stat. § 58-2558 – Use of premises; extended absence of tenant
  • Kan. Stat. § 58-2559 – Material noncompliance by landlord; notice; termination of rental agreement; limitations; remedies; security deposit
  • Kan. Stat. § 58-2563 – Unlawful removal or exclusion of tenant; diminished services; damages; security deposit
  • Kan. Stat. § 58-2564 – Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies
  • Kan. Stat. § 58-2565(c) – Extended absence of tenant; damages; entry by landlord; abandonment by tenant, when; reasonable effort to rent required; termination of rental agreement, when; personal property of tenant; disposition, procedure; proceeds; rights of person receiving property
  • Kan. Stat. § 58-2565(d) – Extended absence of tenant; damages; entry by landlord; abandonment by tenant, when; reasonable effort to rent required; termination of rental agreement, when; personal property of tenant; disposition, procedure; proceeds; rights of person receiving property
  • Kan. Stat. § 58-2570(a) – Termination of tenancy; notice; holdover by tenant; remedies; notice obligating tenant beyond terms of lease agreement, form
  • Kan. Stat. § 58-2570(b) – Termination of tenancy; notice; holdover by tenant; remedies; notice obligating tenant beyond terms of lease agreement, form
  • Kan. Stat. § 58-2572 – Certain retaliatory actions by landlord prohibited; remedies; increased rent, when; action for possession, when
  • Kan. Stat. § 60-511 – Actions limited to five years
  • Kan. Stat. § 60-512 – Actions limited to three years

FAQs

A Kansas roommate agreement, also known as a room rental agreement, is a binding contract between roommates that outlines the rules and responsibilities for sharing a dwelling. It is separate from the lease with the landlord and only governs the relationship between the roommates.

Key components of a Kansas room rental agreement include specifying the parties involved, the property address, the lease term, security deposit arrangements, rent distribution, utility payment responsibilities, house rules, and procedures for handling lease violations or early move-outs.

Co-tenancy means that all roommates are on the same lease with equal responsibilities to the landlord. This arrangement holds each roommate jointly liable for lease terms, meaning if one fails to pay rent, the landlord can seek full payment from any of the co-tenants.

Roommates can resolve disputes by referring to the original lease, which takes priority over the roommate agreement. For disagreements not related to the lease, they may consider mediation or arbitration services to reach a binding resolution.

If one roommate violates the lease terms, all co-tenants are jointly and severally liable, meaning the landlord can pursue full recovery from any of the roommates for unpaid rent or other lease violations.

While a roommate agreement can outline house rules and responsibilities, it may not be fully enforceable in court, especially regarding non-lease-related disputes. The original lease takes precedence in legal matters.

Co-tenancy involves all roommates being on the same lease and sharing equal responsibilities to the landlord, while subtenancy occurs when one tenant rents out part of the property to another, making the original tenant the landlord to the subtenant.

A security deposit agreement among roommates should specify how the deposit is split, the conditions for returning it, and any rules for deducting amounts for damages or unpaid rent.