A Kentucky month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a Kentucky Month-to-Month Rental Agreement
In Kentucky, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under Kentucky landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in Kentucky
Kentucky landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Landlord’s Name and Address – Landlords must give the tenant their name and address, or that of their authorized agent, to enable smooth communication of legal notice.
- Security Deposit Holdings Disclosure – Kentucky landlords holding a security deposit must, in the rental agreement, disclose the institution and account number that will be holding the funds in question.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in Kentucky
Kentucky lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
Kentucky requires written notice to end a month-to-month lease. Delivery in most cases may be either given by hand to the party in question or delivered to the party’s address of record.
Required Notice To Raise the Rent on a Kentucky Month-to-Month Lease
Kentucky requires that notice for a rental increase be delivered in writing, but doesn’t specify a particular timeframe for that notice. This means in most cases it’s reasonable for a landlord to keep the same standard advance notice provided for termination or other major lease changes, which in Kentucky is 30 days.
Eviction in Kentucky Month-to-Month Rentals
Kentucky tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Kentucky typically take three to six weeks.
For more information on the eviction process in Kentucky, click here.
Sources
- 1 Ky. Rev. Stat. § 383.695(2) & (3)
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(2) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty (30) days before the periodic rental date specified in the notice.
(3) The landlord or the tenant may terminate a tenancy begun upon the termination of a written lease by written notice given to the other at least ten (10) days before the termination date specified in the notice, except that if the tenant fails to pay rent within ten (10) days after the day it becomes due, the landlord may terminate the tenancy at any time without notice.
Source Link - 2 Ky. Rev. Stat. § 383.560(3)
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(3) A person notifies or gives a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when:
(a) It comes to his attention; or
(b) In the case of the landlord, it is delivered in writing at the place of business of the landlord through which the rental agreement was made or at any place held out by him as the place for receipt of the communications, or mailed by certified mail to him at his place of business or at any place held out by him as the place for receipt of any communication;
(c) In the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him at the place held out by him as the place for receipt of the communication, or in the absence of such designation, to his last known place of residence.
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