A Kentucky lease agreement spells out the play-by-play of renting, covering rights, responsibilities, and protections for both landlord and tenant. With clear terms in place, it helps ensure everyone stays protected and on the same page.
Disclosures (4)
Landlords are required to provide tenants with certain information and disclosures before signing a lease. These disclosures keep your tenants informed while also protecting your investment and limiting your liability.
- Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint and its hazards for most rentals built before 1978.
- Landlord identification: Landlords must provide their name and contact information along with the Kentucky lease agreement (KRS § 383.585).
- Security deposit location: Landlords must disclose the location of the bank and the account number where the security deposit is held (KRS § 383.580(1)).
- Move-in checklist: Kentucky law requires landlords to provide a move-in checklist that outlines existing damage in the unit. Landlords also use this checklist at move-out to compare the conditions and calculate deductions (KRS § 383.580(2-3)).
Optional Disclosures and Addenda
The following disclosures, while not required by Kentucky law, are recommended to help keep you covered and clear up any confusion that may arise down the road.
Asbestos: Informs tenants of any asbestos that may be on the property, as well as ways to reduce its risk.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit and adjacent units.
Late/returned check fees: Outlines the costs associated with late rent or returned checks. Kentucky law does not place a limit on late fees, and returned check fees are capped at $50 per check (KRS § 514.040(4)(b)).
Medical marijuana use: Explains the rules regarding the use of medical marijuana, including any restrictions.
Mold disclosure: Informs tenants of any known or suspected mold issues, including treatment options.
Non-refundable fees: Discloses all non-refundable fees that are in the Kentucky lease agreement.
Shared utilities arrangements: Landlords must explain how they will split utility costs if any units share a meter.
Smoking: Outlines the smoking policy in the rental, including any designated smoking areas on the property.
Consequences of Not Including Mandatory Disclosures
Disclosures protect both the landlord and the tenant. Failure to include mandatory disclosures can result in several consequences, including financial penalties, legal consequences, and more.
Security Deposit Regulations in Kentucky
Most landlords choose to collect a security deposit along with their Kentucky lease agreement, which helps offset any costs associated with damage from the tenant. There are state laws that must be followed, from how much you can collect to where you must store the funds.
Maximum amount: There is no maximum amount that Kentucky landlords may charge as a security deposit.
Deposit receipt: Landlords are required to inform tenants of the bank name and account number where the security deposit is held (KRS § 383.580(1)).
Security deposit return: Kentucky landlords are required to return the security deposit funds, minus any deductions, within 30 days of lease termination (KRS § 383.580(6)).
Deductions: Landlords may deduct funds from the security deposit to cover excessive damage to the unit. Additionally, tenants can use their security deposit as their last month’s rent, as long as both the tenant and the landlord agree (KRS § 383.580).
Rent Payment Regulations
From due dates to late fees, Kentucky has rules in place to help ensure smooth rent payments. Here’s what you need to know.
Rent control/stabilization: Kentucky has no rent control laws in place. Landlords are allowed to increase the rent as they deem necessary.
Late rent fees: There is no limit to what landlords may charge as a late fee, but the Kentucky lease agreement must clearly state the amount.
Grace period: Kentucky does not have a mandatory grace period for late rent payments.
Tenant’s right to withhold rent: Tenants may withhold a reasonable amount for the repair of an essential service, such as heat, gas, or running water, if the landlord fails to address the matter (KRS § 383.640).
Violations
When tenants don’t follow the rules, Kentucky law is clear on your options to respond. Follow these rules to help ensure you stay compliant while also protecting your property.
Lease violation: If a tenant violates any part of their lease, the landlord may issue a 14-day Notice to Cure or Quit (KRS § 383.660(1)).
Missed rent payment: If a tenant misses their rent payment, the landlord may issue a 7-day Notice to Pay or Quit (KRS § 383.660(2)).
Lease abandonment: If a tenant terminates their lease early and without just cause, they may be financially responsible for the remainder of the rental term. Landlords must make a good-faith effort to re-rent the unit (KRS § 383.660).
Self-help evictions: In Kentucky, self-help evictions are illegal, and landlords should never attempt them.
Terminating a Lease
Whether initiated by the tenant or the landlord, Kentucky has clear rules regarding the notice required to terminate a lease. Follow these rules to make sure you stay compliant.
Standard lease: Certain circumstances allow a tenant to end their fixed-term lease early and without penalty, such as active duty military service, domestic violence, or landlord harassment.
Month-to-month: Either party can terminate a month-to-month rental agreement with at least 30 days’ written notice (KRS § 383.695).
Property abandonment: There are no specific laws that outline what landlords are required to do with the property tenants leave behind.
Renewing a Lease
Renewing a lease can be an easy way to keep great tenants, but it’s rarely that simple. Here’s what Kentucky law says about renewing a lease.
Notice requirements: Kentucky landlords are not required to give notice if they are not renewing a fixed-term lease; however, they must provide at least 30 days’ notice to terminate a month-to-month agreement.
Renewals: Landlords are not required to renew a Kentucky lease agreement and may refuse renewal for any non-discriminatory and non-retaliatory reason.
Landlord’s Access to Property
Kentucky law dictates when and how a landlord may enter the property. Follow these rules to ensure you remain compliant while also respecting your tenant’s privacy.
Immediate access: In the event of an emergency, the landlord may enter the unit without giving notice to the tenant (KRS § 383.615(2)).
Notice requirements: Under normal circumstances, landlords must give tenants at least 2 days’ notice before entering the property, and must enter during reasonable hours.
Harassment: Failure to follow these rules may be considered landlord harassment, which could entitle the tenant to terminate their lease early and without penalty.
