A Kentucky residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.
Kentucky Lease Agreement Disclosures
These disclosures, governed by Kentucky’s Uniform Residential Landlord and Tenant Act (URLTA), are required for residential lease agreements:
Disclosure | Applicable to |
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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
Applies to all Kentucky rentals.
Kentucky leases must contain the name and address of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way. For this reason, most leases also include phone numbers and email addresses.
Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.
Move-In Checklist
Applies to all Kentucky rentals collecting a security deposit.
Kentucky landlords must provide a move-in checklist to takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out. The checklist must be completed and signed by the tenant, before occupancy begins.
Download: Kentucky Move-In Checklist Disclosure Form (PDF)
Security Deposit Holdings Disclosure
Applies 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
Applies 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 help with tenant management and landlord liability.
Optional Disclosure | Purpose |
---|---|
Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing 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 doesn’t cap late fees. Returned check fees have a limit of $50 per check. |
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 efforts, plus information about treatments. This helps limit landlord liability. |
Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable when the lease ends. For Kentucky landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
Shared Utilities Arrangements | Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
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
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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…
Source Link - 2 Ky. Rev. Stat. § 383.580(2)
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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…
Source Link - 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…
Source Link - 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.
Source Link