Owning a rental property in Kentucky means adhering to landlord-tenant state laws. Landlords and tenants are required to know their rights and responsibilities. As a landlord, it’s important so you can manage your property well. It will also help you not to draft a well-written lease agreement and not overstep your boundaries.
In Kentucky, there is certain information that you need to disclose to your tenants before you lease a property to them. These legal disclosures are about:
There’s no statute in the landlord-tenant law against non-refundable fees. Therefore, this will depend on the agreement made between you and your tenant.
According to the Kentucky landlord and tenant laws, there is no maximum limit on how much a landlord may charge as a security deposit to their tenants. You must return the security payment within 30 days of moving out. However, you may extend this time to 60 days if your tenant files a dispute to your deductions.
You must keep your tenant’s security deposit in its own separate account. You cannot touch any amount of it and it cannot be used to pay rent. If you fail to keep the security deposit in a separate account, you cannot retain any portion of it upon their move-out.
You must notify your tenants of the location of their security deposit. Before a tenant’s move-in, you need to create an exhaustive list of existing damage to the rental unit. This will ensure that you do not hold them accountable for any damage that was not their fault.
Once your tenant moves out, you must make another detailed list of any damages and charges for them. This should include corresponding explanations for each of the damages. If you withhold any of the deposit, your tenant may inspect the property to determine the accuracy of your damage list.
If a tenant gets a legal Domestic Violence Order they may end their lease agreement, as per the state of Kentucky landlord and tenant law. This also applies if they secure an Interpersonal Protective Order. They must submit the following to you:
You must disclose to the tenant the following required information:
The landlord should include this required information in the lease.
If your rental has any known lead paint hazards, you are required to make your tenant aware of them. You must inform them of lead-based paint hazards. This may mean providing them with an information pamphlet along with their lease.
Kentucky tenants are within their allowance:
However, there are also basic tenant’s responsibilities in Kentucky. A tenant must:
Landlords in the state of Kentucky are within their legal right to:
The following are your responsibilities as a landlord in Kentucky. A landlord must:
According to Kentucky’s landlord-tenant law, a landlord must give a two-day notice to their tenant to enter the property. You must give this notice at a reasonable time throughout the day. You also must give notice to the tenant when you are:
A landlord must keep their rental properties habitable for tenants living in them. This entails:
You must follow Kentucky’s Fair Housing Acts. This makes it illegal to discriminate against a tenant based on various characteristics. These include skin color, religion, race, and national origin. It also includes disability, familial status, and/or sex.
Tenants must pay a security deposit. You may use this deposit to:
The details of this deposit should be outlined in the lease agreement.
A tenant can withhold their rent payments if:
If financial disputes arise between you and your tenants, you can file a Small Claims lawsuit. You may do so in the Small Claims Division of District Court of your Kentucky County. You can settle for up to a limit of $2,500 excluding interest and court costs.
Landlords and tenants in Kentucky must know their rights and responsibilities. As a state of Kentucky landlord, you must follow all state laws regarding your rental. Following the law ensures you won’t pay for penalties or run into potential lawsuits. It will also help you navigate the eviction process should you need.
If you have specific questions, hire the services of a qualified Kentucky attorney. Or, you can seek help from a knowledgeable property management company, like Alltrade Property Management.
Please note that you should not substitute this post for legal advice from a licensed attorney. Laws change, and this post may need updating at the time of your reading. Please contact us for any questions you have in regards to the Kentucky landlord-tenant law. You can also contact us for any other property management questions you have.