A Kentucky residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
Kentucky Lease Agreement Disclosures
These disclosures, governed by Kentucky’s Uniform Residential Landlord and Tenant Act (URLTA), are required for some or all residential lease agreements:
| Disclosure | Applicable to |
|---|---|
| Landlord’s Name and Address | All Units |
| Move-In Checklist | All Leases Collecting a Security Deposit |
| Security Deposit Holdings | All Leases Holding a Security Deposit |
| Lead Paint | All Units Built Before 1978 |
Landlord’s Name and Address
Applicable to all Kentucky rentals.
Kentucky leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.
Move-In Checklist
Applicable to all Kentucky rentals collecting a security deposit.
Kentucky landlords must provide a move-in checklist to inventory existing property damage, when the tenant takes possession of the rental property. The checklist must be completed and signed by the tenant, before occupancy begins, to enable accurate deductions from the security deposit upon move-out.
Download: Kentucky Move-In Checklist Disclosure Form (PDF)
Security Deposit Holdings Disclosure
Applicable to all Kentucky rentals holding a security deposit.
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.
This is an example of a security deposit holdings disclosure:
SECURITY DEPOSIT HOLDINGS DISCLOSURE. The security deposit of $____, highlighted in this lease, can be found at the following location:
BANK:_____
ACCOUNT #:_____
Download: Kentucky Security Deposit Holdings Disclosure Form (PDF)
Lead-Based Paint Disclosure
Applicable to any Kentucky rentals built before 1978.
Kentucky residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)
Download: Kentucky Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by Kentucky law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. Kentucky has no cap on on late fees and a $50 per check cap for returned checks. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Kentucky landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 KY Rev Stat § 383.585 (2019)
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…(1) A landlord or any person authorized to enter into a rental agreement on his behalf
shall disclose to the tenant in writing at or before the commencement of the tenancy
the name and address of:
(a) The person authorized to manage the premises; and
(b) An owner of the premises or a person authorized to act for and on behalf of
the owner for the purpose of service of process and receiving and receipting
for notices and demands.
(2) The information required to be furnished by this section shall be kept current and
this section extends to and is enforceable against any successor landlord, owner, or
manager… - 2 KY Rev Stat § 383.580(2) (2019)
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…Prior to tendering any consideration deemed to be a security deposit, the prospective
tenant shall be presented with a comprehensive listing of any then-existing damage
to the unit which would be the basis for a charge against the security deposit and the
estimated dollar cost of repairing such damage. The tenant shall have the right to
inspect the premises to ascertain the accuracy of such listing prior to taking
occupancy. The landlord and the tenant shall sign the listing, which signatures shall
be conclusive evidence of the accuracy of such listing, but shall not be construed to
be conclusive to latent defects. If the tenant shall refuse to sign such listing, he shall
state specifically in writing the items on the list to which he dissents, and shall sign
such statement of dissent… - 3 KY Rev Stat § 383.580(1) (2019)
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…All landlords of residential property requiring security deposits prior to occupancy shall be required to deposit all tenants’ security deposits in an account used only for that purpose, in any bank or other lending institution subject to regulation by the Commonwealth of Kentucky or any agency of the United States government. Prospective tenants shall be informed of the location of the separate account and the account number…
- 4 Ky. Rev. Stat. § 514.040(4)(b)
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A maker makes good on a check or similar sight order for the payment of money by paying to the holder the face amount of the instrument, together with any merchant’s posted bad check handling fee not to exceed fifty dollars ($50) and any fee imposed pursuant to subsection (5) of this section.
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