In most cases a tenant will take possession of their new rental as soon as the lease term begins. At a minimum they’ll start moving their belongings into the rental, but there could be an instance where the tenant does not take possession at all. Since not taking possession typically signals that the tenant has no intention of moving in, the landlord must be protected. A properly written lease agreement will address the specifics surrounding taking possession at a reasonable time period after the lease is signed. A common clause in a lease agreement is to state that the tenant must take possession of the premises within seven days of lease signing. If the tenant does not take possession by that time then the lease agreement is considered terminated. Make sure that such a clause is written into your lease agreement.
Required Occupancy Inspection
It is always recommended that a landlord properly documents the condition of the premises at move in. In fact, Kansas has a statute which requires a written occupancy inspection. Per K.S.A. 58-2548, within five days of the initial date of occupancy or once possession is delivered, the landlord and tenant must together inventory the premises. It is recommended that the landlord and tenant do a complete walk-through of the premises. The statute requires that a written record be produced after the inspection, detailing the condition of the premises, to include a listing of any furnishings or appliances along with their condition. Duplicate copies of the record must be signed by both parties to indicate that the inventory was completed, and the tenant must be provided a copy of the inventory. As you can guess, the occupancy inspection record comes in very handy at the end of the tenancy to assess any damage to the premises during the tenancy.