Some parts of Kentucky legally require landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
In many of Kentucky’s jurisdictions, there is no warranty of habitability for rentals, and the landlord’s only responsibility to the tenant is to keep the terms of the lease. This article applies only to places which have passed Kentucky’s Uniform Residential Landlord-Tenant Act.
Kentucky Implied Warranty of Habitability
In Kentucky, the statutory implied warranty of habitability under the Uniform Residential Landlord-Tenant Act means that a landlord must keep a rental property safe and habitable. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in Kentucky
Note: Check city/county laws and ordinances for specific local requirements.
Item | Has To Provide? | Has To Fix / Replace? |
Air Conditioning / Heating | Only Heating (Oct. 1-May 1) | Only If Provided |
Hot Water | Yes | Yes |
Kitchen Appliances | No | Only If Provided |
Washer & Dryer | No | Only If Provided |
Smoke/CO Detectors | Yes | Yes |
Window Coverings | No | No |
Light Fixtures | No | Only If Provided |
Landscaping | No | No |
Garbage Removal | No | No |
Garbage Pickup | No | No |
Mold | N/A | Yes |
Pest Control | No | N/A |
Pest Infestations | N/A | Yes |
Water Leaks | N/A | Sometimes |
Clogs | N/A | Sometimes |
Landlord Responsibilities for Heating & Air Conditioning in Kentucky
Kentucky landlords must provide heating for rental properties between October 1 and May 1 of each year. They don’t have to provide air conditioning, but they do have to keep air conditioning in good working order if it’s provided.
Are Landlords Required to Provide Air Filter Replacements in Kentucky?
Kentucky landlords don’t have to replace things like air filters, unless provided heating or ventilating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in Kentucky
Kentucky landlords must keep plumbing in good working condition.
Are Landlords Required To Provide Hot Water in Kentucky?
Kentucky landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in Kentucky?
Kentucky landlords must fix clogs the renter didn’t cause which keep the plumbing from being in good working condition.
Are Landlords in Kentucky Responsible for Fixing Leaks?
Kentucky landlords must fix leaks the renter didn’t cause which keep the plumbing from being in good working condition.
Landlord Responsibilities for Kitchen Appliances in Kentucky
Kentucky landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. If provided, however, they’re the landlord’s responsibility to maintain.
Landlord Responsibilities for Electrical Issues in Kentucky
A landlord in Kentucky is responsible for keeping all electrical facilities in good and safe working order.
Are Landlords Responsible for Replacing Light Bulbs in Kentucky?
Kentucky landlords must keep light bulbs in good working order for provided appliances. They are not otherwise responsible for providing light bulbs or particular light fixtures.
Landlord Responsibilities for Garbage Removal in Kentucky
Kentucky landlords have no specific responsibilities to provide containers for garbage removal or to arrange for garbage service. The tenant is legally responsible for ensuring proper disposal of garbage from the property.
Landlord Responsibilities for Landscaping in Kentucky
Kentucky landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in Kentucky
Kentucky landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. The renter may be responsible for fixing an issue that’s due to lack of personal cleanliness.
Landlord Responsibilities Regarding Pests in Kentucky
Kentucky landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in Kentucky
Kentucky landlords have no specific responsibility to provide windows and window screens or maintain them, except what’s required for basic safety and habitability (like repairing broken windows).
Landlord Responsibilities Regarding Safety Devices in Kentucky
Kentucky landlords are responsible for providing working smoke alarms and required carbon monoxide detectors, and are also responsible for maintaining them to proper testable standards.
Are Landlords Responsible for Replacing Batteries of Safety Devices in Kentucky?
Kentucky landlords are legally responsible for making sure safety devices can pass required testing, including battery replacement if necessary.
Landlord Responsibilities for Washers and Dryers in Kentucky
Kentucky landlords are not required to furnish their rental properties with a working washer and dryer. However, if they are provided, the landlord is responsible for fixing them if they stop working properly.
Renter’s Rights for Repairs in Kentucky
Kentucky renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord gets 14 days after receiving written notice to remedy the issue.
If the issue isn’t fixed, the renter can end the rental agreement, or ask a court to order repairs or compensation. The renter is potentially allowed to repair and deduct, but isn’t allowed to withhold rent.
Sources
- 1 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 - 2 Ky. Rev. Stat. Ann. § 383.570(1)(a) (2022)
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“A rental agreement may not provide that the tenant agrees to waive or forego rights or remedies under KRS 383.505 to 383.715 [the Uniform Residential Landlord-Tenant Act].”
Source Link - 3 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 - 4 Ky. Rev. Stat. Ann. § 383.605 (2022)
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“A tenant shall: (1) Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety; (2) Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit; (3) Dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner; (4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits; (5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises; (6) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and (7) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.”
Source Link - 5 Ky. Rev. Stat. Ann. § 383.665 (2022)
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“If there is noncompliance by the tenant with KRS 383.605 [tenant maintenance obligations] or 383.610 [landlord’s community rules] materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within fourteen (14) days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date periodic rent is due, or if the rental agreement has terminated, for immediate payment.”
Source Link - 6 Ky. Resid. Code § R314.2.1 (2018 ed.)
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“Smoke alarms shall be provided in dwelling units.”
Source Link - 7 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 - 8 Ky. Bldg. Code § 901.5 (2018 ed.)
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“Tests required by this code, the International Fire Code and the standards listed in this code shall be conducted at the expense of the owner or the owner’s authorized agent.”
Source Link - 9 Ky. Rev. Stat. Ann. § 383.625(1)(a) (2022)
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“…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 - 10 Ky. Rev. Stat. Ann. § 383.625(2) & (3) (2022)
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“(2) Except as provided in KRS 383.505 to 383.715 [Kentucky’s Uniform Residential Landlord-Tenant Act], the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement of KRS 383.595 [landlord’s maintenance obligations]. (3) The remedy provided in subsection (2) is in addition to any right of the tenant arising under subsection (1) of this section.”
Source Link