Understanding the Kentucky Residential Landlord and Tenant Act
Under the Kentucky Residential Landlord and Tenant Act, certain leases must always be in writing. Any lease for a term of less than 12 months may be an oral agreement, but anything that is 1 year or longer is required to be in writing due to the Statute of Frauds within the state. Here are some of the other key points in the law you'll want to know about.
1. A Security Deposit Can Be Equal To One Month Of Rent.
Kentucky has capped the maximum amount a landlord can require for a security deposit at an equal amount to one month of rent. Security deposits must be kept in a separate account and only used for approved purposes.
2. Tenants Have a Right Of Inspection Before Signing a Lease.
In Kentucky, a tenant is allowed to make a thorough inspection of a property before they decide to sign a lease. This often occurs on the move-in day, but it must occur. Tenants also have the option to sign for a complete list of damages they've found, which a landlord can then refuse to accept.
3. Tenants Can Terminate a Lease With a 30 Day Written Notice.
If a landlord is not fulfilling their responsibilities, then tenants have the right to terminate a lease with a 30 day notice. Landlords must be given 14 days to correct the situation within this lease. If enforced, all prepaid rent must be returned to the tenant.
4. There Is a Right To Deduct From The Rent.
If a landlord is not providing essential services, then tenants have the right to perform maintenance instead of moving out with the 30 day notice. Landlords have 14 days to make the repair and if they do not, a tenant can do so. The maximum amount of a repair, however is $100.
5. Landlords Have The Right To Evict.
The state requires tenants to perform certain duties. This includes adhering to all health and safety codes, disposing of garbage in a safe way, and not deliberately destroying property. If tenants are not performing these duties, then a landlord has the right to terminate a lease and start the eviction process with a 14 day notice.
These key points of the Kentucky Residential Landlord and Tenant Act are designed to help bring about a greater understanding of the rights that both parties have. This guide is intended for general information only and does not serve as legal advice. If you have a specific situation which needs to be addressed, seek out local legal assistance or review the state statutes which govern your situation.
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