The Kentucky residential lease agreement (“rental agreement”) outlines the conditions agreed upon by a landlord and tenant for the residential use of real estate. The contract will include the length of the agreement (“term”), the payment amount (“rent”), as well as the obligations of the tenant while leasing the property.
Kentucky Lease Disclosures & Addendums
The following disclosures or addendums are either required for some or all residential lease agreements in Kentucky.
- Landlord’s Name & Address – for all rental units in Kentucky.
- Move-in Checklist – for rental units requiring a security deposit.
- Security Deposit Holdings Disclosure – for rental units holding a security deposit.
- Lead Based Paint Disclosure – for rental units built prior to 1978.
There are also a number of optional disclosures and addendums that help reduce future conflicts and/or legal liability in Kentucky.
Landlord’s Name & Address
Applicable to all rental units in Kentucky.
So that future legal notices and demands sent by the tenant can be properly delivered to the landlord, the name and address of either the landlord or the person authorized to act on the landlord’s behalf must be disclosed up-front (commonly done so in the lease agreement) .
Move-In Checklist
Applicable to all rental units in Kentucky that charge a security deposit.
Kentucky landlords that intend to charge a security deposit are required to provide an inventory of the rental unit’s condition in the form of a move-in checklist. This checklist does not necessarily have to be attached to the lease agreement, but it does need to be inspected and agreed to by the prospective tenant before taking occupancy .
The checklist should include any present damage or specific furnishings that are included (such as appliances or furniture) that must be returned in the same state they were upon move-in.
This move-in checklist will satisfy Kentucky’s requirements.
Security Deposit Holdings Disclosure
Applicable to all rental units holding a security deposit.
When charging and holding a security deposit, a Kentucky landlord must disclose the holding information to the tenant in the lease. This includes the location of the funds and the account number .
SECURITY DEPOSIT HOLDINGS DISCLOSURE. The security deposit of $____, highlighted in this lease, can be found at the following location:
BANK:_____
ACCOUNT #:_____
Lead Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Kentucky to:
- Fill out and attach this lead based paint disclosure form to the lease agreement.
- Provide the tenant with an EPA-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Optional Disclosures & Addendums (Recommended)
The following lease agreement disclosures and addendums are not required by Kentucky law in residential lease agreements, but either help reduce future conflicts with tenants or reduce legal liability for landlords.
- Medical Marijuana Use – it is recommended to state where medical marijuana use is and isn’t allowed on the property so that expectations are clear. Kentucky law allows landlords to restrict marijuana usage to non-smoking methods only or control where users can smoke so as to not interfere with other tenants.
- Late and Returned Check Fees – it is recommended that landlords disclose in the lease any late fees or returned (bounced) check fees that they intend to charge. Kentucky does not limit how high these fees can be, but they should be considered reasonable (often no more than 10% of rent) and reflect the actual expenses incurred by the landlord as a result of a late payment. They must also be charged only after the agreed upon due date for rent, dictated in the lease.
- Shared Utilities Arrangements – for rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month.
- Bed Bug Disclosure – for rental units with a history of infestation, it is recommended to establish an understanding of the current status of bed bugs at the property in case of a future infestation and to provide information on the protocol for handling one.
- Asbestos Disclosure – for rental units in buildings built prior to 1981 (which are considered at-risk for asbestos), it is recommended to establish an understanding of any prior knowledge on the existence of asbestos on the property.
- Mold Disclosure – it is recommended to disclose the current mold status of a property in the lease to protect against future liability of mold damages due to tenant negligence during the lease term.
