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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
The Uniform Residential Landlord and Tenant Act (URLTA) outlines the precise rights and responsibilities that apply to both landlords and tenants in Kentucky. Below is an overview of some of the rights and responsibilities of both landlords and tenants in Kentucky.
(Ky. Rev. Stat. Ann. § 383.605)
Kentucky tenants have the right to:
Kentucky tenants are require to:
Landlords in Kentucky have the right to:
Kentucky landlords are required to:
Are landlords in Kentucky required to give notice before entering the property?
Landlords are only allowed to enter at reasonable hours and must give renters at least two days' notice. Notice requirements are waived in the case of an emergency or it is not possible to do so. (Ky. Rev. Stat. Ann. § 383.615)
Are landlords in Kentucky allowed to enter the property to conduct maintenance and repairs?
Tenants must allow their landlord reasonable access to the rental property in order for the landlord to conduct an inspection, make any necessary repairs, and show the unit to prospective tenants or buyers, as required by Kentucky law.
Currently, there’s no Kentucky law prohibiting late fees or caps the amount of money that landlords can charge. Also, Kentucky law does not mandate a grace period prior to the imposition of late fees.
Source: Kentucky Landlord Tenant Guide
SECTION 2
There is no rent control law that limits the amount landlords can raise rents in Kentucky. Additionally, local governments and counties are prohibited by state law from enacting their rent control laws.
While landlords are allowed to raise rent as much as they want, it’s good practice to keep rent raises reasonable and in line with market expectations.
There is no statute regarding notice requirements before raising the rent in Kentucky. That being said, landlords in Kentucky are generally required to give “reasonable” notice of any rent increases. This notice period gives the tenant enough time to consider their options and set aside money for the increased rent or seek altenrnative accommodation.
Additionally, Kentucky landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.
For month to month or week to week lease a reasonable notice period is generally considered the term of the lease period, eg. one month. For fixed-term leases the rent increase notice period is most often outlined as one of the conditions in the lease agreement.
Kentucky landlords cannot raise rent as a form of discrimination or retaliation towards the tenants exercising their rights.
Source: Rent Increases by Landlords & Tenants' Legal Options | Justia
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SECTION 3
In Kentucky, both parties need a lease agreement because it ensures that their respective rights and responsibilities are clearly defined and offers legal protection.
Both written and oral lease agreements are accepted in Kentucky. However, enforcing a verbal contract comes with certain potential difficulties. As such, it is always recommended that landlrods get a written lease agreement which is reviewed and signed by both parties. (Ky. Rev. Stat. § 383.090)
While Kentucky law doesn’t require any specific clauses to be included in a rental agreement, it’s important for landlords to include certain information in their lease. The contract should also abide by Kentucky's laws governing landlord-tenant relationships, which limit security deposits, increase rent, and specify eviction procedures.
Here are some of the key components that should be included in a Kentucky lease agreement to ensure a smooth and fair rental experience for all parties involved.
Free Resources: Kentucky Lease Agreement Templates | eForms
Source: LEASE AGREEMENT| Kentucky Courts (.gov)
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SECTION 4
Landlord-tenant law in Kentucky does not specify a cap on the security deposit amount. In Kentucky, there are no limits on the amount of money a landlord can demand as a security deposit if it is included in the lease. Typically, landlords charge a security deposit equal to one or two months' worth of rent.
In addition to the security deposit, landlords in Kentucky are permitted to demand a pet deposit equal to one month's rent.
After the tenant leaves the rental property, Kentucky landlords are able to deduct the appropriate amounts. According to Kentucky's landlord-tenant rules, the following deductions are permitted:
The tenant has the right to inspect the premises after receiving the itemized list of damages to verify the list’s accuracy (Ky. Rev. Stat. Ann. § 383.580(3)).
Security deposits are required to be stored in separate accounts with any Kentucky bank, US government agency, or lending institution and cannot be combined with other monies, as per Kentucky's landlord-tenant rules. The name, address, and account number of the separate account must be disclosed to the tenants. (Ky. Rev. Stat. Ann. § 383.580(1))
If the security deposit is not deposited into an independent account, the landlord will not be able to retain any of the money. (Ky. Rev. Stat. Ann. § 383.580(4)).
In Kentucky, when a lease expires, the landlord is required to reimburse the security deposit within thirty days. Landlords must give renters a 30-day notice and an itemized list of any deductions made, along with the leftover amount, if any. ( Ky. Rev. Stat. Ann. § 383.580(6))
If the renter vacates the property after paying the rent and any refundable security deposit, the landlord is required to deliver this notice to the tenant's last-known address. (Ky. Rev. Stat. Ann. § 383.580(7))
Tenants in Kentucky are entitled to restitution for any money that was wrongfully held onto, as well as any costs paid in initiating a case to recover the deposit, if the landlord is not able to repay the security deposit or fails to do so within 30 days.
In addition, if the tenant does not respond to the notice within sixty days of receiving it, the landlord has the right to take the security deposit out of the account and retain the remaining funds. (Ky. Rev. Stat. Ann. § 383.580(7))
Landlords are not required by Kentucky landlord-tenant law to give tenants the interest held on security deposits.
Source: 383.580 Security deposits | Legislative Research Commission (.gov)
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SECTION 5
Tenants in Kentucky are protected from unlawful eviction by landlords under the Uniform Residential Landlord and Tenant Act (URLTA). Yet, there are several valid reasons a landlord can legally evict a tenant. The most common ones are discussed below.
Failure to pay rent on time is one of the most common grounds for eviction in Kentucky. However, landlords are required to provide tenant with a seven-day notice to pay or quit. If the tenant fails to pay the rent after this period elapsed, the landlord can then file an eviction lawsuit.
Kentucky landlords have the right to evict a tenant who does not have a lease (also known as a "tenant at will"). Additionally, tenants whose lease has ended but still remained on the property (also known as a "holdover tenant") can be evicted by the landlord.
To start the eviction process, landlords are required to give tenants appropriate notice depending on their type of tenancy.
According to Kentucky landlord-tenant law, a landlord has the right to evict a tenant who breaks the conditions of the lease or neglects their obligations.
To prevent eviction, landlords must let renters resolve (or "cure") the problem. Whatever the problem, the landlord has to give the tenant 14 days' notice to either resolve it or leave. On the fifteenth day, the landlord may launch an eviction case if the problem is not resolved.
The landlord may give the tenant a 14-day notice to depart if they live in a rental property that has ratified the Uniform Residential Landlord and Tenant Act and they repeat the infraction within 6 months. The landlord is not required to provide the tenant another opportunity to correct the violation.
Before an eviction lawsuit can be filed in Kentucky, landlords are required to first serve an eviction notice to the tenant. An Kentucky eviction notice is expected to outline the number of days the tenant have to rectify or correct any of the aforementioned lease violations.
Below is a list of eviction notice landlords can send to tenants:
The average Kentucky eviction process could last between 3 to 6 weeks from start to finish. Here’s an overview of what the procedures of evicting a tenant in Kentucky looks like:
Source:The Eviction Process in Kentucky: Rules for Landlords and Property Managers | Nolo, Evictions | Kentucky Justice Online
SECTION 6
There are certain rules that govern Kentucky rental applications and tenant screening, dictating what a landlord can and cannot do at each stage.
In Kentucky, there are no restrictions on the amount of application fees a landlord may demand. However, it is not advisable to impose an excessive fee, even in the absence of a cap.
Remember, even in the event that an application is rejected, the Kentucky rental application fees are non-refundable. Landlords must, however, notify unsuccessful applicants of the reasons behind their rejection.
There are no restrictions on the scope of background checks that landlords are allowed to do in Kentucky. However, landlords need the signed consent of the prospective tenants in order to carry them out.
Additionally, when assessing applications, landlords are not allowed to discriminate against a protected class under the state and federal Fair Housing Acts.
To make the rental application process effective, here is a list of crucial request to include in your Kentucky rental applications:
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SECTION 7
Breaking a lease agreement early in Kentucky for both landlords and renters requires distinct procedures and legal considerations. While there's no law prohibiting early termination of the lease, it's expected to be done in accordance with state laws governing rental properties, lease agreements, and each party's rights.
Additionally, it's important to note that Kentucky state law does not specify any particular punishment for terminating a lease early. Nonetheless, landlords have the right to impose penalties in such cases, like imposing an early termination fee or withholding a security deposit.
Source: Kentucky Revised Statutes - Chapter 383, Tenant's Right to Break a Rental Lease in Kentucky | Nolo
SECTION 8
Below is an overview of some Kentucky HOA laws that often apply to homeowners associations:
There isn't a specific statute for community associations in Kentucky.
The majority of homeowners associations in Kentucky are overseen by the Secretary of State and were founded as nonprofit entities. They will therefore be subject to the Kentucky Nonprofit Corporation Act, which outlines the proper organizational structure and level of supervision for the organization. (Kentucky Nonprofit Corporation Act)
In Kentucky, this statute regulates the establishment, powers, management, and operation of condominiums. It also offers instructions about common aspects, insurance, keeping specific records, and other topics.
Additionally, condominium buildings developed after January 1, 2011, are covered by the act. Nonetheless, some of the information in this chapter may apply to condominiums established before this date. (Kentucky Condominium Act)
In Kentucky, it is illegal to discriminate in housing by virtue of a person's race, religion, national origin, gender, familial position, handicap, or any other attribute. It offers state-level protection for homeowners, much like the federal Fair Housing Act does.
Homeowners have the right to file a complaint with the Kentucky Commission on Human Rights or the US Department of Housing and Urban Development if faced with maltreatment from a homeowner association.
As an alternative, they could decide to seek damages through a private action in a state or federal district court. (Kentucky Fair Housing Act)
Horizontal property regimes created before January 1, 2011, are covered by this statute. It creates a set of rules for the formation of these associations, interest distribution, joint expenses, insurance, and property liens, among other things, including the management and jurisdiction of these organizations. (Kentucky Horizontal Property Law)
SECTION 9
Kentucky's squatters' rights and fundamental adverse possession laws are similar to those of most other states. There are the five main requirements that need to be fulfilled.
Hostile possession simply means that the squatter is there without authorization; it does not translate to violence. It is not hostile possession, and they are not entitled to ownership, if the real owner grants them permission to live there (in writing) or if they have a formal rental agreement.
When a squatter claims actual possession of a property, it means they are physically present there and are taking care of it as their own, which includes cleaning, beautifying, and maintaining it.
Squatters have to occupy the land openly and notoriously, meaning they can't hide their presence. They have to make it plain to neighbors and other parties in the vicinity that they live there by their occupation.
The property must be occupied exclusively by the squatter. If multiple people share an abandoned property, none of them may assert adverse possession.
To be eligible, squatters must live on the land continuously for at least 15 years, or seven years if they have a color of title that has been confirmed by a judge.
In order to obtain Kentucky squatters rights and be fully eligible for an adverse possession claim, there are a few more things to think about.
Under Kentucky's adverse possession statutes, each claim must have a color of title. It falls under the definitiveness criteria, which is not applicable in several states. It may also be contested as definitive if the squatter builds a distinct fence or boundary around the land.
In certain places, the ability to claim adverse possession of a structure or piece of land is restricted to squatters who have been paying property taxes on the property for a predetermined period of time. This rule is not included in Kentucky law.
The squatter does not have to pay any property taxes at all in order to pursue legal title, provided that they fulfill the other conditions for adverse possession. However, paying it does give an adverse possession claim more credibility because it demonstrates that the squatter used the property as they would have their own while occupying it.
Source: Kentucky Revised Statutes - Chapter 413
SECTION 10
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
