Be it any region of the country; a rental lease agreement is an imperative document for renters and landlords. It’s a legal contract between both parties involved in a deal for property usage or asset for a set duration in exchange of payments. Understanding the laws related to and governing Kentucky lease agreement is essential for anyone looking to rent a residential unit in the state.
Laws governing security deposit:
There is no provision/statute limiting the maximum amount of security deposit. The deadline for returning the deposit is 30 days for unpaid rent and 60 days if the tenant doesn’t file any claim or dispute. The law states no statutes for non-refundable deposits, security deposit interests or pet deposits, or other additional fees.
The law requires the landlord to have a separate security deposit bank account for depositing the amount. The tenant must be informed of the location and account number of this separate deposit account. A checklist and an itemized list of damages and charges are required while moving in and upon move-out. Advance notice of withholding is needed, and the tenant holds the right to inspect the premise upon receiving the itemized list of damages for verification of the accuracy. There is no provision mentioned for record-keeping of deposit withholdings or the receipt of deposits.
Lease, Rent, and Fees
According to the Kentucky lease agreement, the rent is payable without any notice, at the time and place agreed upon by the parties. Unless otherwise agreed and stated in the agreement, rent is due at the beginning of every month, and apportionable daily. There is no statute mentioned about the increase in the rent notices, the grace period for rent, late fees, or prepaid rent. Any returned check is liable to attract a fee of $50. Under state laws, the tenant is allowed to withhold rent if the landlord fails to provide essential services such as water and heat. The tenant can repair and deduct rent upon incurring repair costs less than $100 or half month’s rent. The landlord can recover attorney & court fees and attempt to resolve any damages, including re-rent attempts.
Notices & Entry
- The definition of notice is found in KRS § 383.560
- There’s no provision mentioned for notice of termination of fixed-end leases.
- A 30 days’ notice period must be provided to terminate month-to-month leases.
- A 7-days’ notice period is needed before termination of weekly leases.
- For termination of non-payment, a 7-days’ notice is needed to resolve or quit.
- For a lease violation, a 15 days’ notice should be given to resolve the issue, or the party quits. An unconditional quit notice is served for repeat offences that happen within six months of any previous violation.
- According to the laws, two days’ notice is required before entry, and the landlord can enter the premises at reasonable times.
- Entry for non-emergency maintenance and repairs is only permitted with notice.
- Entry is permitted, with prior notice for showings.
- Emergency entry is allowed without prior notice.
- There is no provision on notices for date/time of move out inspections.
- If mentioned and agreed upon on the agreement, the notice of extended absence is given if the renter is out for seven or more days.
- Landlord’s entry is allowed during the tenant’s extended absence.
- No permission under the law highlights the need to serve notice to tenants for pesticide use.
- The law doesn’t permit any lockouts and utility shutoffs.
- The consequences of self-eviction equal three months of periodic rent, the return of prepaid rent, and reasonable attorney fees.
Disclosures and Notes
Be aware of the landlord duties & maintenance, domestic violence situations, tenant’s duties, name, and addresses, lead exposure, house regulations & rules, and retaliation.