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 Agreement Disclosures
The below disclosures that are governed by Kentucky’s Uniform Residential Landlord and Tenant Act (URLTA) are either required for some or all residential lease agreements in Kentucky.
| Disclosure | Applicable to |
|---|---|
| Landlord’s Name/Address | All Units |
| Move-In Checklist | All Units Requiring a Security Deposit |
| Security Deposit Holdings | All Units Requiring a Security Deposit |
| Lead Paint | All Units Built Prior to 1978 |
Landlord’s Name & Address
Applicable to all rental units in Kentucky.
Creates a line of communication for important notices and demands between tenant and landlord. Landlords or any authorized individual to act on behalf of the property should provide contact information (including their address) within or alongside the lease. The information should be disclosed in writing at or before the commencement of tenancy. Additionally, the tenant should be notified immediately if there are any changes in contact information.
Move-In Checklist
Applicable to all rental units that charge a security deposit in Kentucky.
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 rental agreement, but it does need to be inspected and agreed to by the prospective tenant before taking occupancy.
The checklist should include any existing damage to the unit or specific furnishings that are included (such as appliances or furniture) that must be returned in the same state they were in upon move-in.
Download: Kentucky Move-In Checklist Disclosure Form (PDF)
Security Deposit Holdings Disclosure
Applicable to all rental units holding a security deposit in Kentucky.
When charging and holding a security deposit, a Kentucky landlord must disclose the holding information to the tenant in the rental agreement. This includes the location of the funds which shall be regulated by the Commonwealth of Kentucky 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 #:_____
Download: Kentucky Security Deposit Holdings Disclosure Form (PDF)
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 Environmental Protection Agency (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.
Download: Kentucky Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures & Addendums (Recommended)
The below lease agreement disclosures and addendums are not required by Kentucky law. These disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.
| Optional Disclosure | How the Disclosure is Helpful |
|---|---|
| Asbestos | This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. |
| Bed Bugs | If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord. |
| Late/Returned Check Fees | Landlords should disclose if they will charge a late fee or a returned check fee in the lease agreement. In Kentucky there are no limits on late fees and a $25 limit on returned checks. |
| Medical Marijuana Use | Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
| Mold Disclosure | Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages. |
| Non-Refundable Fees | A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease. |
| Shared Utilities Arrangements | For rental units with shared utilities, a landlord should disclose the specifics of how they are shared, and how each party’s bill is calculated. Providing this information to tenants will give them a reasonable expectation of what they owe each month. |
| Smoking | Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
Consequences of Not Including Mandatory Disclosures
Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.
If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)
It’s best to check with your local and state laws on which disclosures you must provide to your tenant.
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…
