Whether you’re a landlord or a tenant, thoroughly understanding rental law is crucial. As Kentucky landlord-tenant laws differ from those in other areas of the country, knowing the details of state regulations will help you both maintain your legal standing and fulfill your responsibilities.
To help, this guide on landlord-tenant laws in the Bluegrass State includes a look at Kentucky tenant rights, security deposits, application fees, and more.
Read on to learn about Kentucky’s rental laws.
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Key Findings: Landlord-Tenant Rights & Responsibilities
Both landlords and tenants in Kentucky are entitled to certain rights in exchange for fulfilling a specific set of responsibilities. We’ll touch on some of those key points here:
Kentucky landlords have the right to:
- Charge rent and late fees for overdue rent
- Charge an application fee and screen tenants
- Charge a security deposit to cover unpaid rent and damages
- Enter the property as necessary
- Evict tenants as necessary
Kentucky landlords are responsible for:
- Providing safe, habitable housing in accordance with state requirements
- Maintaining common areas in clean and safe condition
- Notifying tenants 2 days before entering the unit
- Returning security deposit after the tenant moves out
- Adhering to the lease terms
Kentucky tenants have the right to:
- Safe, habitable housing
- Receive information regarding mandatory disclosures
- Receive 2 days’ notice before the landlord enters the unit
- Withhold or deduct rent for necessary repairs
- Receive the security deposit remainder upon moving out
Kentucky tenants are responsible for:
- Paying rent in full and on time
- Refraining from damaging property deliberately or due to negligence
- Disposing of waste in a clean, safe manner
- Notifying the landlord of intent not to renew the lease
- Adhering to the terms of the lease
Best Practices for Screening Prospective Tenants
Landlords should always screen new tenants to ensure they can pay rent on time and abide by lease terms. Under Kentucky landlord-tenant law, landlords may charge a rental application fee in any amount to cover the costs of this screening.
Landlords may inquire about tenants’ criminal and credit history during the screening process. However, these considerations must apply equally to all applicants, and landlords must notify tenants if a low credit score leads to a denial of housing as per the Fair Credit Reporting Act.
For a thorough, hassle-free tenant background check, try TurboTenant’s Tenant Screening feature. With it, you can apply the same screening criteria to all applicants and avoid discrimination.
Compliance with Fair Housing Laws in Kentucky
Both federal and state fair housing laws apply in Kentucky, allowing prospective tenants to seek safe, habitable housing equally without regard to factors such as race, nationality, color, and sexuality. Landlords must abide by fair housing laws in all aspects of the rental process.
What actions are considered housing discrimination?
Actions such as tenant harassment, refusing to rent, and utilizing different screening processes constitute housing discrimination. Landlords must also advertise to all prospective tenants equally — for example, an ad discouraging applicants of a certain race would be illegal (KRS 344.360).
How can discrimination be avoided in rental practices?
To avoid discrimination, landlords must apply all rules equally to all tenants and be willing to make reasonable accommodations to allow individuals with disabilities to rent the property (KRS 344.360).
Also, landlords must train all staff members to avoid fair housing violations. Landlords are responsible for their employees’ actions, so train them well.
What are the repercussions for fair housing violations?
Landlords who are found to have violated fair housing practices could face severe legal and financial penalties, including fines of up to $50,000 (KRS 344.645). As a result, landlords facing accusations of discrimination should collect evidence to the contrary and seek civil legal assistance.
Kentucky Lease Agreements
As of 2024, Kentucky landlord-tenant law does not require landlords to provide a written rental contract. However, a legally binding, written Kentucky lease agreement is preferred to clarify contract terms and ensure that the landlord and tenant understand their legal rights and responsibilities.
Leases may be fixed-term or month-to-month. Fixed-term contracts last until a set date. The landlord and tenant must decide whether to renew or terminate at the end of the term. Month-to-month leases expire and automatically renew at the end of every month until terminated by either party.
Which lease terms are legally required in Kentucky?
Kentucky rental law does not require any specific lease terms. However, the state’s Attorney General recommends including rent payment details, termination requirements, and utility responsibilities. Terms waiving a tenant’s rights or violating state law are prohibited (KRS 383.570).
What constitutes legal renting in Kentucky?
Rental properties in Kentucky must meet all applicable health and safety standards. Specific regulations vary by locality; for example, in Louisville-Jefferson County, more specific occupancy standards govern minimum ceiling height and bedroom size.
What tenant documentation is required?
Most landlords require tenants to provide a valid ID, proof of income, and consent for a background check. Landlords and tenants should maintain thorough rental agreement documentation as proof of their rights and responsibilities.
What are the mandatory landlord disclosures in Kentucky?
Kentucky tenant rights require disclosure of the landlord’s name and address and/or that of the landlord’s agent (KRS 383.585). Additionally, landlords must disclose information regarding methamphetamine contamination (KRS 224.1-410).
Finally, under federal law, landlords must also disclose the presence of lead-based paint in any buildings constructed before 1978.
Failure to make these disclosures may lead to legal and financial consequences, such as fines or the payment of damages to the tenant.
Security Deposits in Kentucky
Before a tenancy begins, landlords should charge their tenants a security deposit to cover unpaid rent and the costs of damages to the dwelling unit. These essential fees protect both the landlord and their property.
What are the guidelines for security deposit collection?
Under Kentucky landlord-tenant law, landlords may collect a security deposit in any reasonable amount. First, however, landlords must provide a list of pre-existing damages to the rental and the prospective cost of repairs. The landlord and tenant should sign the list to verify the information; if the tenant disagrees, they may sign a statement of dissent instead.
Deposits must be stored in a state or federally regulated bank in an account designated for that purpose. Landlords must then inform tenants of their deposit’s location and account number (KRS 383.580).
When can deductions be made from security deposits?
Landlords may use security deposits to cover the costs of damages exceeding normal wear and tear and unpaid rent (KRS 383.580).
How should security deposits be returned?
Per Kentucky tenant rights in 2024, landlords must inspect the dwelling unit when the tenant moves out and compile a list of damages that require the use of the security deposit and the estimated repair costs.
The tenant may then either agree with the statement of damages or object and take action against the landlord in district court.
Landlords must return all unused portions of the security deposit within 30 to 60 days of the tenant moving out, giving the tenant time to dispute any deductions (KRS 383.580).
Maintenance Responsibilities of Landlords
Kentucky landlord-tenant law requires landlords to provide safe, habitable housing for tenants. This requirement includes conducting necessary repairs and maintaining any common areas in a clean and usable condition.
What are the legal standards for property conditions?
Rental housing in Kentucky must comply with all applicable health and safety regulations. Landlords must provide running water, a reasonable supply of hot water, and adequate heating from October 1 to May 1 (KRS 383.595).
Failure to comply with these regulations may allow the tenant to seek damages or deduct from rent (KRS 383.640).
What is the proper protocol for repairs?
Kentucky tenant rights allow tenants to request landlord repairs to keep the property in working order. If the repair is $100 or half the cost of rent, or the landlord does not complete a requested repair within 14 days, tenants may conduct the repair and deduct the cost from the rent (KRS 383.635).
Do landlords need to give tenants advance notice before accessing a rental property?
Landlords must notify tenants 2 days before accessing the rental unit and can only enter at reasonable times. No notice is required during emergencies (KRS 383.615).
Should the landlord abuse the right to access, the tenant may break the lease without penalty and potentially sue for damages.
Late Rent Fee Regulations
Kentucky does not provide a grace period for tenants to pay rent (KRS 383.565). As soon as rent becomes overdue, landlords may impose a late rent fee in any amount.
Rent Control in Kentucky
Rent control strictly caps the amount landlords may raise rent, while rent stabilization limits landlords to incremental increases. As of 2024, neither rent control nor rent stabilization exists in Kentucky. However, landlords may not raise rent during a lease term.
Lease Renewal and Termination
Landlords are not obligated to renew expiring leases in Kentucky but should notify tenants 30 days beforehand of the intent not to renew the lease. Per the Kentucky Attorney General, tenants must also give 30 days’ notice if they intend to move out.
If a tenant departs before the lease ends, they typically must pay rent for the duration of the original term. Breaking a lease is only permitted in certain circumstances: landlord harassment (KRS 383.615), the unit being uninhabitable (KRS 383.625), or active-duty military service (50 U.S.C. App. §§501-597b).
If the landlord wishes to break the lease, they may only do so for a valid reason, such as the intent to sell or move into the property.
Eviction Procedures for Kentucky Landlords
Eviction processes differ across the country; thus, landlords in Kentucky should thoroughly understand the details of evicting tenants in the state. Improper evictions may not hold up in court and could lead to penalties.
What justifications exist for eviction?
Landlords may evict tenants for failing to pay rent, violating lease terms, or conducting illegal activity on the premises. Regardless of the exact reason, landlords in Kentucky must have good cause to evict a tenant.
Before beginning the eviction process, landlords should document all behavior leading to the eviction to strengthen their court case.
What is the eviction process?
To evict a tenant, landlords must undertake the following steps:
- Deliver notice to vacate between 7 to 14 days in advance (KRS 383.660)
- Pay $40 to file an eviction lawsuit in court (KRS 383.210, Ky. R. Civ. P. 3.03)
- Court serves the tenant with summons at least 3 days before the trial date (KRS 383.215)
- The landlord and tenant attend the court hearing to present evidence and receive judgment (KRS 383.240)
- The Tenant must move out or appeal within 7 days (KRS 383.255)
- If the tenant remains, the sheriff may forcibly remove them (KRS § 383.245)
How is property reclaimed after eviction?
Landlords can secure the premises after the tenant has vacated the property. Kentucky landlord-tenant law does not specify how landlords should handle any property abandoned by tenants, so landlords can legally dispose of the items in any manner deemed fit.
Local Ordinances for Landlords and Tenants
In addition to state laws, landlords and tenants in Kentucky must also be aware of local ordinances that impact rental situations at the county or municipal level.
Use resources like Municode and CodeLibrary to find these regulations.
Federal Landlord-Tenant Laws
Federal laws, such as the Fair Housing Act, the Americans with Disabilities Act, and others, apply to all rental housing nationwide.
For more information, visit the websites of the Consumer Financial Protection Bureau, the Environmental Protection Agency, and the Department of Housing and Urban Development.
Managing Tenant Legal Disputes as a Kentucky Landlord
Landlords should always attempt to resolve disputes with tenants directly, but they may require legal assistance. Those in need of civil aid can utilize the following resources:
- KY Landlord Law: Provides online information advocating for landlords in Kentucky
- Kentucky Legal Aid: Offers free legal services for low-income residents, including a Kentucky tenant rights hotline
- Legal Aid of the Bluegrass: Nonprofit that assists with landlord-tenant disputes
Navigate Your Landlord-Tenant Relationship with TurboTenant
Of course, landlords can keep themselves compliant with Kentucky landlord-tenant laws by using TurboTenant’s free property management software. Get started with these popular features:
- Rental applications to quickly and easily fill vacancies
- Legally compliant tenant screenings to provide peace of mind
- Lease agreement templates specific to Kentucky
- Rent collection streamlines your rent collection process and reminds tenants when rent is due
Sign up for a free TurboTenant account today for help with Kentucky tenant rights and other aspects of property rental.
Kentucky Landlord-Tenant Law FAQ
Below are answers to some of the most commonly-asked questions when it comes to landlord-tenant laws in Kentucky:
What are landlords required to provide by law?
Landlords must provide safe, habitable housing that meets all building and safety requirements, including running water, hot water, and heat. Tenants may expect additional amenities, such as garbage disposal, based on local market standards.
What is the proper notice period for lease termination?
Landlords must provide notice 7 to 30 days in advance, depending on the circumstances leading to the termination. The duration of the lease also impacts the required notice period.
How should utilities be handled in rental agreements?
The landlord or the tenant may pay utilities, but this responsibility must be clearly outlined in the lease to avoid future disputes. Otherwise, court action between the landlord, tenant, and potentially the utility company may be required.
What maintenance rights do tenants have?
Tenants have the right to receive repairs to keep the property safe and habitable. If a landlord does not provide these repairs, the tenant may deduct the cost from rent payments or break the lease in certain cases.
What are the eviction rules for tenants without a lease?
Certain Kentucky tenant rights apply to tenants with no lease, including the right to a formal eviction process.
How are guests and tenants legally differentiated?
Guests may stay at a property for short periods of time but are not required to pay rent or abide by the lease. Tenants, on the other hand, receive tenants’ rights in exchange for paying rent and adhering to the lease.
In Kentucky, guests automatically become tenants after staying on the property for at least 30 days. Landlords may add specific lease terms limiting the length of a guest’s stay.