Kentucky Lease Agreement

Required Landlord Disclosures (4)

At the time of lease signing, Kentucky landlords must provide the tenant with the following disclosures:

1. Lead-Based Paint: Landlords must disclose the knowledge of any lead-based paint or lead-based paint hazards on the property in all units built before 1978. This disclosure is federally mandated.

2. Landlord Identification: Landlords in Kentucky must disclose the name and address of the property manager, landlord, or person authorized to manage the property (KRS § 383.585).

3. Security Deposit Location: Landlords must inform tenants of the location and account number where the security deposit is stored for the duration of the lease term (KRS § 383.580(1)).

4. Move-In Checklist: Kentucky law requires landlords to provide tenants with a complete list of existing damage in the unit. It also allows tenants to inform landlords of uncaptured damage in the initial form. When the tenancy ends, the landlord can compare the unit’s condition from the time of move-in to move-out. They can levy charges against the security deposit to cover any repairs beyond normal wear and tear (KRS § 383.580(2-3)).

Security Deposit Regulations

Maximum Security Deposit Amount: In Kentucky, there is no cap on the amount a landlord can charge a tenant for a security deposit.

Receipt of Deposit: Landlords in Kentucky must provide the tenant with the name and account number of the bank where the security deposit will be held at the time of lease signing. Landlords must deposit it in a separate bank account regulated by the state of Kentucky or the federal government (KRS § 383.580(1)).

Deduction Tracking: Landlords may deduct funds from the security deposit to cover unpaid rent or the costs of repairs beyond normal wear and tear. Kentucky law also allows the security deposit to be used as the last month’s rent if both the landlord and tenant agree (KRS § 383.580).

Returning a Tenant’s Security Deposit: The security deposit must be returned within 30 days of the lease agreement’s termination (KRS § 383.580(6)).

Landlord’s Access to Property

Advance Notice: Kentucky landlords must give tenants at least 2 days’ notice before entering a property, and they may only enter at reasonable times, except in cases of emergencies or court orders (KRS § 383.615(3)).

Immediate Access: In cases of emergency, the landlord may enter the property without advance notice (KRS § 383.615(2)).

Landlord Harassment: If a landlord repeatedly enters a tenant’s property without proper notice, the tenant could get a court order to ban the landlord from entering. They could also potentially cancel the rental agreement while recovering the cost of any actual damages (KRS § 383.700(2)).

Rent Payment Laws

Grace Period: Kentucky does not require a mandatory grace period for rent payments.

Late Rent Fees: There is no limit to late fees in Kentucky, but the rental agreement must list any fees.

Tenant’s Right to Withhold Rent: Tenants can deduct a reasonable amount for the repair of essential services that the landlord has refused or hasn’t done. These services include heat, running water, electricity, or gas (KRS § 383.640).

Breach of Rental Agreement

Missed Rent Payment: Once a tenant misses a rent payment, Kentucky landlords may issue a 7-day notice to pay or quit (KRS § 383.660(2)).

Lease Violation: Landlords can deliver a 14-day notice to cure or quit for lease violations. If the tenant violates the lease more than once in a 6-month period, landlords are not required to allow the tenant to cure the violation and can terminate the lease after 14 days (KRS § 383.660(1)).

Self-Help Evictions: Self-help evictions (evicting the tenant yourself) are never allowed in Kentucky, and landlords should never attempt them.

Lease Abandonment: Tenants who break the lease early and without cause could be responsible for the full rent remaining on the lease term. Kentucky landlords must make a reasonable effort to re-rent the unit, which releases the tenant from further responsibility (KRS § 383.660).

Ending a Lease

Month-to-Month: Either party can terminate a month-to-month lease with written notice of at least 30 days (KRS § 383.695).

Fixed-Term: There are circumstances where state law allows tenants to end their lease early and without penalty. Some of these situations include entering into active military duty, domestic violence, the death of the tenant, or landlord harassment.

Property Abandonment: Kentucky has no specific laws regarding a tenant’s personal property after they leave the property. However, it’s reasonable to store the property for a set period of time and provide notice to the tenant.

Renewing a Lease

Required Renewals: Kentucky landlords are free to refuse to renew a lease for any non-discriminatory or non-retaliatory reason.

Required Notice: Kentucky landlords are not required to provide notice of their intent not to renew a fixed-term lease but must give at least 30 days’ written notice when they intend to terminate a month-to-month agreement (KRS § 383.695).

Rent Control & Stabilization

Kentucky has no rent control, and landlords are free to increase rental rates as they see fit.