How is the term of tenancy determined without a lease clause?

Full question:

My dad rented out his property in Kansas to an old couple. His lease agreement does not have a clause that speaks on the term of the tenancy. In this case, how is the term of tenancy fixed?

Answer:

If a lease agreement does not specify a term and the tenant pays rent weekly, the tenancy is week-to-week. In all other cases, it defaults to month-to-month tenancy.

According to K.S.A. § 58-2545, if there’s no fixed term in the rental agreement, the tenant must pay the fair rental value for using the property. Rent is due at the agreed time and place, typically at the beginning of each month unless otherwise arranged.

Thus, unless the rental agreement specifies a definite term, the tenancy will be week-to-week for weekly rent payments and month-to-month for all other cases.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, someone can live with you without being on the lease in Kansas. However, it's important to check the lease agreement, as some leases may have restrictions on additional occupants. If the primary tenant allows someone to stay, that person may not have the same rights as a tenant and could be asked to leave at any time.