How do I sublease a property my family trust owns to myself and my daughter?
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Understood. You will want a written lease agreement in place with the trust that lays out the terms and specifically allows you to sublet to subtenants. Make sure to have written lease agreements with any subtenants to enforce terms or evict if needed. You can be the tenant, and your daughter can be a listed occupant.
And generally, squatters’ rights in Kansas require 15 years of consistent occupancy and other conditions (Kansas Statutes § 60-503). A tenant or occupant is not a squatter. In Kansas, a squatter is someone who occupies property without permission. Your daughter is an occupant with permission, so not a squatter.
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I would appreciate advice on being able to sublease a property in the state of Kansas. The property is held in a trust with three beneficiaries: my two brothers and me. My brothers want me to be able to reside there for six months of the year. I want my adult daughter to also reside with me for a short time. We are currently staying there, and need advice on whether the brothers should be concerned about possible squatter issues, since we don’t have a lease. I need help finding the correct form for my situation and some advice regarding squatters’ risk.
Have you already signed a lease agreement for the property?
No, I haven’t.
Are there any specific terms or restrictions regarding subleasing outlined in your current lease agreement?
I don’t have a current lease. Maybe that’s what I need.
Is there anything else the real estate lawyer should know before I connect you?
No.
Hello. Welcome to AskaLawyer. Let me see if I can assist. My name is Lori and I am on live with you today. I am an attorney with over 25 years’ experience.
- What city is the property located in?
- Will you be leasing it from the trust?
- Does the trustee consent to your subleasing the property?
- What is the current status of the trust that holds the property? Are there any stipulations regarding occupancy or subleasing?
The property is in Miami County in Paola, Kansas. Yes, leasing it from a trust. Yes, they consent.
Understood. You will want a written lease agreement in place with the trust that lays out the terms and specifically allows you to sublet to subtenants. Make sure to have written lease agreements with any subtenants to enforce terms or evict if needed. You can be the tenant, and your daughter can be a listed occupant.
And generally, squatters’ rights in Kansas require 15 years of consistent occupancy and other conditions (Kansas Statutes § 60-503). A tenant or occupant is not a squatter. In Kansas, a squatter is someone who occupies property without permission. Your daughter is an occupant with permission, so not a squatter.
So, no sublease is actually necessary? Just a regular lease with her as an occupant?
Correct.
I appreciate your responses. One of my brothers thinks my daughter might somehow claim the property if something happened to me. Is that a risk?
No, she is just an occupant. She has no legal rights or claim to possession. She can be evicted.
Okay, thanks!
You’re welcome! Thank you for allowing me to assist you today. Have a nice day!
