Landlords and tenants

Kentucky has no single landlord and tenant law. Detailed rules on deposits, repairs and notice come from the Uniform Residential Landlord and Tenant Act, which applies only where a city or county has adopted it. Elsewhere, the lease and older statutes control.

Where the Act applies

A city or county may adopt the Act only in full and without changes (KRS 383.500). A 2016 legislative staff report listed Alexandria, Bellevue, Dayton, Newport, Silver Grove, Southgate and Wilder among the cities that had adopted it. That list is dated, so confirm with the city clerk. A lease cannot waive rights under the Act (KRS 383.570).

Deposits, repairs and entry

• A security deposit must be kept in a separate bank account, and the tenant must receive a list of existing damage before paying it. A landlord who skips these steps can lose the right to keep the deposit (KRS 383.580).
• The landlord must follow health and safety codes, keep the unit fit and habitable, keep common areas clean and safe, and in most rentals supply running water, hot water and, from October 1 to May 1, reasonable heat (KRS 383.595).
• The tenant must keep the unit clean and safe, not damage it and not disturb the neighbors (KRS 383.605).
• Except in an emergency, the landlord must generally give at least two days’ notice before entering and may enter only at reasonable times (KRS 383.615).

Ending a tenancy

Under the Act, a landlord may end the lease if rent remains unpaid seven days after written notice. Other serious violations require at least 14 days’ written notice and, generally, a chance to fix the problem. Either side may end a month-to-month tenancy with 30 days’ written notice (KRS 383.660, 383.695). Where the Act is not in force, a landlord may end a tenancy at will, meaning one with no fixed term, with one month’s written notice (KRS 383.195).

Eviction goes through the court

A landlord who wants a tenant out must use the courts. The Act bars retaking a unit by lockout or by cutting off essential services such as heat or water, and a locked-out tenant may recover up to three months’ rent and reasonable attorney’s fees (KRS 383.655, 383.690).

An eviction case is called a “forcible detainer” and is filed in District Court. The tenant must get at least three days’ notice of the hearing. If the landlord wins, the tenant has seven days to appeal and must pay the rent owed into court to do so. If there is no appeal, the court can issue a warrant for the sheriff or a constable to return possession to the landlord (KRS 383.210 to 383.255).