Under Kentucky law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under KRS Chapter 383, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the lease agreement says. However, some rural areas in Kentucky have their own rental laws. This article describes standards covered by Kentucky’s Uniform Landlord-Tenant Act, which applies to 75%-80% of Kentucky renters.
Landlord Responsibilities in Kentucky
In Kentucky, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Kentucky’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating (Oct. 1 – May 1) | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Kentucky
Landlords must perform necessary repairs in a timely manner. In Kentucky, landlords must make repairs within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Kentucky tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent.
Tenant Responsibilities in Kentucky
Aside from paying their rent on time, Kentucky tenants must:
- Keep the rented unit in a clean and functioning condition.
- Not damage any fixtures or structures.
- Keep all plumbing fixtures clean.
- Not engage in illegal behavior.
- Not negligently or deliberately destroy any part of the premises.
- Not disturb neighbors’ peaceful enjoyment of the premises.
- Comply with all building and housing codes that materially affect health and safety.
Evictions in Kentucky
Kentucky landlords can pursue legal eviction for the following reasons:
- Nonpayment of Rent: If a tenant fails to pay rent by the due date, landlords can issue a 7-Day Notice to Pay. If the tenant does not pay within 7 days of receiving the notice, landlords can commence eviction proceedings.
- Violation of Lease Terms: Kentucky landlords may issue a 14-Day Notice to Cure or Vacate for first-time curable lease violations. If the same infraction occurs again within 6 months, Kentucky landlords can issue a 14-Day Unconditional Notice to Quit that requires immediate eviction.
- No Lease/End of Lease: If tenants holdover or stay in the rental unit after the lease term has expired, landlords must give tenants notice before evicting them. The notice depends on the type of tenancy.
- Week-to-Week: 7-Day Notice to Quit.
- Month-to-Month: 30-Day Notice to Quit.
- Expiration of Written Lease: 10-Day Notice to Quit.
- Location That Hasn’t Adopted the Uniform Residential Landlord and Tenant Act: 30-Day Notice to Quit.
It is illegal for Kentucky landlords to evict tenants out of discrimination. It is also unlawful to evict a tenant as a form of retaliation for:
- Notifying officials about health or safety violations.
- Joining a tenant union or organization.
- Filing a request for maintenance.
Landlord Retaliation in Kentucky
It’s illegal for Kentucky landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Kentucky
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None.
- Inventory Requirement: In order to collect security deposits, landlords must provide a comprehensive list of existing damage to the rental unit and give tenants the opportunity to conduct an inspection to verify the list.
- Holding Requirement: Deposits must be held in separate accounts of any federal or Kentucky financial institution.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, late fees, and damage excluding normal wear and tear.
- Time Limit for Return: There is no statute requiring that landlords return security deposits within a specific length of time. However, landlords must meet other deadlines. For example, landlords that make deductions must notify the tenant in writing and then continue to hold the deposit for at least 60 days while they wait for a response from the tenant.
- Max. Penalty for Late Return: There is no statute that provides a specific penalty for the failure to return a security deposit on time. However, courts determine and award damages on a case-by-case basis.
Lease Termination in Kentucky
Landlords must provide notification of lease termination.
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Tenants who lease on a yearly basis do not have to give advance notice if they intend to move out once the lease is over.
Early Termination: Tenants can break their lease legally for the following reasons:
- Active military duty.
- Unit is uninhabitable.
- Landlord harassment.
Cost of Breaking a Lease in Kentucky
If a Kentucky tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Kentucky
Kentucky does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Kentucky does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Kentucky state law does not specify how much notice landlords must give before increasing the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Housing Discrimination in Kentucky
Protected Classes: Kentucky landlords are prohibited from discriminating against tenants due to age, race, color, national origin, religion, gender, familial status, or disability. The Federal Fair Housing Act does not apply to some owner-occupied homes or homes operated by religious organizations.
Kentucky does not have any extra protection for classes other than those outlined in the Federal Fair Housing Act. However, those with HIV/AIDS are protected as the condition counts as a “disability.”
Discriminatory Acts & Penalties: Fair housing laws are enforced by the Kentucky Commission on Human Rights. Acts that can be considered discriminatory when directed to a member of a protected class include:
- Refusing to rent or sell on a bona fide offer.
- Falsely claiming a unit is unavailable.
- Providing different services, terms, or privileges.
- Participating in “panic selling.”
- “Steering” members of protected classes into specific neighborhoods.
- Refusing to provide reasonable accommodations.
Tenants can file a discrimination complaint on the Kentucky Human Rights Commission website.
Additional Landlord Tenant Regulations in Kentucky
In addition to having laws that address general issues like repairs and security deposits, most states, including Kentucky, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in Kentucky
Kentucky landlords can enter rental property for inspections, maintenance, and showings. They usually must provide 2 days’ advance notice of entry, except if there’s an emergency. If the landlord plans to enter and bill for noncompliance, the advance notice must be in writing.
Rent Collection & Related Fees in Kentucky
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, but it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in Kentucky
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $2,500. Kentucky Small Claims Court is a division of District Court. The process takes approximately two to three months.
Mandatory Disclosures
Kentucky landlords must disclose the following information:
- Lead-Based Paint: For houses built before 1978, tenants are entitled to information about lead-based paint concentrations.
- Managers and Agents: Kentucky landlords must provide tenants with the names and addresses of the owner, agents, managers of the property, and any agents that work on their behalf.
- Security Deposit Holdings: Landlords are legally required to disclose the banking institution and account number that holds the tenant’s security deposit.
- Move-in Checklist: If a landlord collects a security deposit, they must provide an inventory of the rental unit’s condition at the start of the lease term.
Changing the Locks in Kentucky
Kentucky law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Additional Resources for Kentucky Renters
Many cities in Kentucky have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
The Fair Housing Brochure – This guide is published by the Kentucky Commission on Human Rights.
Landlord-Tenant Overview for Kentucky – This video was created by a Kentucky-based legal aid group to provide a summary of the state’s landlord-tenant laws.
