If a rental property in Kentucky fails to meet legally required health and safety standards, tenants have the right to report their landlord to local public officials who may choose to follow up, inspect the property and cite the landlord for such violations.
What Are Considered Unsafe Living Conditions in Kentucky?
There’s no consistent legal standard for safe living conditions in Kentucky, except in places that have passed Kentucky’s Uniform Residential Landlord-Tenant Act. In those places, unsafe living conditions exist when a rental property doesn’t have safe and working:
- Plumbing.
- Electricity.
- Heating (Oct. 1-May 1).
- Hot running water.
- Provided appliances.
- Common areas.
- Smoke alarms and required carbon monoxide detectors.
A landlord’s direct or indirect interruption of utility services may count as an unsafe condition, along with any other issue that substantially impacts health and safety on a property.
What Should Tenants Do Before Reporting a Violation in Kentucky?
In most cases, before reporting a violation, a tenant in Kentucky must notify the landlord in writing about the issue. In places which have passed the Uniform Residential Landlord-Tenant Act, the landlord then has 14 days to perform repairs. Otherwise, it’s just a “reasonable time” as determined by all circumstances.
How Can Tenants Report a Violation in Kentucky?
Tenants in Kentucky should report violations to the local office or officers responsible for housing code enforcement. The exact process depends on municipality.
Location | Organization | Contact |
Louisville | Property Maintenance Division | Online Form |
Lexington | Code Enforcement | Online Form |
Bowling Green | Code Enforcement Office | Online Form |
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then the officer will usually inspect the property and cite the landlord for any code violations.
How Can a Tenant Report a Health or Safety Violation in Louisville?
A tenant in Louisville can report a health or safety violation by calling the Property Maintenance Division at (502) 574-2508 or using the online form. Most issues will fall under “Internal Property Maintenance” or “External Property Maintenance.” Enter a location, describe the issue, attach pictures or documents, and submit.
How Can a Tenant Report a Health or Safety Violation in Lexington?
A tenant in Lexington can report a health or safety violation by calling Code Enforcement at (859) 425-2255 or using the provided online form. Most issues will fall under “Housing Complaint – Non Emergency.” Describe the issue, enter a location, attach documents and contact information, and submit.
How Can a Tenant Report a Health or Safety Violation in Bowling Green?
A tenant in Bowling Green can report a health or safety violation by calling the Code Enforcement Office at (913) 573-8600 or using the provided online form. Enter contact information, detail the location and issue, and submit.
What Could Happen to a Landlord After a Complaint Is Made in Kentucky?
After a tenant files a complaint about unsafe living conditions in Kentucky, an officer may inspect the property. The landlord must fix noted code violations. Otherwise, the landlord could be fined and the local government might file to condemn the property.
Sources
- 1 Ky. Rev. Stat. Ann. § 383.595(1) (2022)
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“A landlord shall: (a) Comply with the requirements of applicable building and housing codes materially affecting health and safety; (b) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (c) Keep all common areas of the premises in a clean and safe condition; (d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him; and (e) Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1…”
Source Link - 2 Ky. Resid. Code § R314.2.1 (2018 ed.)
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“Smoke alarms shall be provided in dwelling units.”
Source Link - 3 Ky. Resid. Code § R315.2.1 (2018 ed.)
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“[In non-exempt construction,] carbon monoxide alarms shall be provided in dwelling units where either or both of the following conditions exist. 1. The dwelling unit contains a fuel-fired appliance. 2. The dwelling unit has an attached garage with an opening that communicates with the dwelling unit.”
Source Link - 4 Kentucky’s Uniform Residential Landlord-Tenant Act (URLTA)
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As of December 2022, Fayette, Jefferson, Oldham, and Pulaski counties have adopted Kentucky’s Uniform Residential Landlord-Tenant Act (URLTA), in addition to the following cities: Barbourville, Bellevue, Bromley, Covington, Dayton, Florence, Georgetown, Ludlow, Melbourne, Newport, Silver Grove, Southgate, Shelbyville, Taylor Mill, and Woodlawn. Outside of these places, the landlord doesn’t owe the tenant a duty to repair the premises up to code except as agreed in the lease. See Ky. Rev. Stat. Ann. § 383.500 (2022) (“If adopted [by cities or counties], these [URLTA] provisions shall be adopted in their entirety and without amendment. No other ordinance shall be enacted by a city, county or urban- county government which relates to the subjects.”)
Source Link - 5 Ky. Rev. Stat. Ann. § 383.825(1)(a) (2022)
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“Except as provided in KRS 383.505 to 383.715, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with KRS 383.595 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied in fourteen (14) days, and the rental agreement shall terminate as provided in the notice subject to the following: (a) If the breach is remediable by repairs, the payment of damages or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate by reason of the breach.”
Source Link