NOTE: In many of Kentucky’s jurisdictions, there is no legal protection against retaliatory eviction, 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 (URLTA).
| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in Kentucky?
It’s illegal for Kentucky landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken one of the following protected actions in the past year:
- Complaining to the government about health and safety.
- Asking the landlord to do statutorily required repairs.
- Participating in tenant organizations.
The law allows an exception when the landlord can prove a non-retaliatory, good-faith reason for the alleged retaliatory action. For example, a landlord who raises rent proportionately in response to a large increase in property tax is not retaliating, even if a tenant has recently complained about maintenance.
What Can Tenants Do in Response in Kentucky?
Kentucky tenants can respond to retaliation by suing for quiet enjoyment of the property, and can recover possession of the property or cancel the rental agreement, plus recovering punitive damages.
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. § 383.705(1) (2022)
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“Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after: (a) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; (b) The tenant has complained to the landlord of a violation under KRS 383.595 [landlord’s maintenance obligations]; (c) The tenant has organized or become a member of a tenant’s union or similar organization.”
Source Link - 3 Ky. Rev. Stat. Ann. § 383.705(2) (2022)
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“If the landlord acts in violation of subsection (1) of this section, the tenant is entitled to the remedies provided in KRS 383.655 [recover possession or terminate agreement; recover damages of 3x monthly rent + attorney fees, in either case] and has a defense in any retaliatory action against him for possession. In an action by or against the tenant, evidence of a complaint within one (1) year before the alleged act of retaliation creates a presumption that the landlord’s conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. “Presumption” means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.”
Source Link - 4 Ky. Rev. Stat. Ann. § 383.705(3) (2022)
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“Notwithstanding subsections (1) and (2) of this section, a landlord may bring an action for possession if: (a) The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent; (b) The tenant is in default in rent; or (c) Compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.”
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