Kentucky Landlord Tenant Laws [2022]: Renter's Rights & FAQs (2024)

Last Updated: January 6, 2022 by Elizabeth Souza

In Kentucky, whenever an agreed upon amount of rent is exchanged for inhabiting a property, even without a written lease, a landlord-tenant agreement exists. Pursuant to Kentucky law, (KRS Chapter 383) tenants have rights, including the right to a habitable living and the right to pursue forms of alternate action.

Landlords too have the right to recover costs of deliberate or negligent damages that exceed normal wear and tear and collect rent in a timely manner.

Note: These rights exist regardless of a rental agreement stating otherwise.

Questions? To chat with a Kentucky landlord tenant attorney, Click here

Landlord Responsibilities in Kentucky

Kentucky landlords are required to keep the dwelling unit in a habitable manner and make sure that repairs are made when needed and within a 14-day timeframe after notice was given. Landlords are also required not to disturb the tenant’s right to use the property peaceably and reasonably in a peaceable and reasonably.

ItemLandlord Responsibility?
Hot and cold waterYes
HVAC SystemYes
PlumbingYes
ElectricityYes
Proper sanitationYes
Bed BugsYes

If the landlord does not fix the habitability issue, a tenant may withhold rent or repair and deduct the following month’s rent ($100 or up to half the cost of monthly rent).

The landlord may not retaliate against the tenant during the time a tenant makes a repair request.

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Tenant Responsibilities in Kentucky

Aside from paying their rent on time, Kentucky tenants must:

  • Keep the rented unit in a clean and in repair condition.
  • Not damage any fixtures or structures.
  • Keep all plumbing fixtures in the rental unit clean.
  • Not engage in illegal behavior.
  • Not negligently or deliberately destroy any part of the premises.
  • Not disturb neighbors’ peaceful enjoyment of the premises.
  • Comply with all building and housing codes that materially affect health and safety.

Evictions in Kentucky

Kentucky landlords can pursue legal eviction for the following reasons:

  1. Nonpayment of Rent – If a tenant fails to pay rent by the due date, landlords can issue a 7-Day Notice to Pay. If the tenant does not pay within 7 days of receiving the notice, landlords can commence eviction proceedings.
  2. Violation of Lease Terms – Kentucky landlords may issue a 14-Day Notice to Cure or Vacate for first-time curable lease violations. If the same infraction occurs again within 6 months, Kentucky landlords can issue a 14-Day Unconditional Notice to Quit that requires immediate eviction.
  3. No Lease/ End of Lease- If the tenants holdover or stay in the rental unit after the rental term has expired, the landlord must give the tenants notice before evicting them. The notice depends on the type of tenancy.
    • Week-to-Week – 7-Day Notice to Quit.
    • Month-to-Month – 30-Day Notice to Quit.
    • Expiration of Written Lease – 10-Day Notice to Quit.
    • Location That Hasn’t Adopted the Uniform Residential Landlord and Tenant Act – 30-Day Notice to Quit.

It is illegal for Kentucky landlords to evict tenants for their membership in a protected class. It is also unlawful to evict a tenant as a form of retaliation for:

  • Notifying officials about health or safety violations.
  • Joining a tenant union or organization.
  • Filing a request for maintenance.

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Security Deposits in Kentucky

  • Standard limit/maximum amount – N/A
  • Interest and Maintenance – Landlords must put a security deposit in a federally-regulated banking institution. Landlords are not required to pay out interest gained on these funds.
  • Time limit for return – After calculating and agreeing upon and security deposit deduction, tenants have 60 days to claim the rest of the security deposit.
  • Penalty if not returned on time – There is no timeframe for security deposit returns in Kentucky law. However, tenants can bring legal action against landlords.
  • Allowable deductions – Kentucky landlords can make deductions for missed rent payments or damages to house structures beyond regular wear and tear. Landlords can also deduct for lease violations that have caused them to lose money.

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Lease Termination in Kentucky

Landlords must provide notification of lease termination.

Rent Payment FrequencyNotice Needed
Week-to-Week7 Days
Month-to-Month30 Days
Quarter-to-QuarterNo statute
Year-to-YearNo statute

Questions? To chat with a Kentucky landlord tenant attorney, Click here

Tenants who lease on a yearly basis do not have to give advance notice if they intend to move out once the lease is over.

Early termination. Tenants can break their lease legally for the following justifications:

  1. Active military duty
  2. Unit is uninhabitable
  3. Landlord Harassment

Kentucky tenants might be liable for their former unit until their lease is over. Kentucky landlords are statutorily required to find a new tenant to fill the rental space.

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Rent Increases & Related Fees in Kentucky

  • Rent control. Kentucky laws currently pre-empty any kind of rent control. So, landlords can charge whatever they want for rent.
  • Rent increases. Kentucky landlords can increase rent by whatever amount for whatever reason they want.
  • Additional fees. There are no caps to how much landlords can charge in late fees. Kentucky does limit the amount a landlord can charge for a returned check to $50.

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Housing Discrimination in Kentucky

Protected classes. Kentucky landlords are prohibited from discriminating housing against people for belonging to a protected class. Fair Housing Act laws do not apply to owner-occupied homes or homes operated by religious organizations.

Kentucky does not have any extra protection for classes other than those outlined in the Fair Housing Act. However, those with HIV/AIDS are protected as the condition counts as a “disability.”

Discriminatory Acts & Penalties. Fair housing laws are executed by the Kentucky Commission on Human Rights. Acts that can be considered discriminatory when direct to a member of a protected class include:

  • Refusing to rent or sell on a bona fide offer
  • Lying about property availability
  • Providing different services, terms, or privileges
  • Participating in “panic selling”
  • “Steering” members of protected classes into specific neighborhoods
  • Refusing to provide reasonable accommodations

Tenants can file a discrimination complaint on the Kentucky Human Rights Commissions website.

Additional Landlord Tenant Regulations in Kentucky

Landlord right to entry in Kentucky

Kentucky landlords must provide a written 2-day notice of entry for emergencies. The landlord and tenant determine “Reasonable” entry times. Kentucky landlords generally have the right to enter without permission in emergencies.

Small Claims Court in Kentucky

Small claims court in Kentucky handles cases valued at up to $2,500. Cases relating to rent have a 15-year statute of limitations, while property damage cases have a 5-year statute of limitations.

Mandatory Disclosures

Kentucky landlords must disclose the following information:

  1. Lead-Based Paint – For houses built before 1978, tenants are entitled to information about lead-paint composition.
  2. Managers and Agents – Kentucky landlords must provide tenants with the names and addresses of the owner, agents, managers of the property, and any agents that work on their behalf.
  3. Security Deposit Holdings – Landlords are legally required to disclose the banking institution and account number that holds the tenant’s security deposit.
  4. Move-in Checklist– If a landlord collects a security deposit, the landlord must provide an inventory of the rental unit’s condition in the form of a move-in checklist.

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Changing the locks in Kentucky

Landlords generally cannot change locks under any circ*mstance without tenant permission. Kentucky tenants may be allowed to change locks when they want, although this is not recommended.

Additional Resources for Kentucky Renters

In addition, please check local county and municipality laws for additional rules and protections for both landlords and tenants. To learn more, please refer to the below digital resources.

The Fair Housing Handbook – This book is published by the Kentucky Commission on Human Rights. It answers questions related to Kentucky’s fair housing laws.

Landlord-Tenant Overview for Kentucky – This video was created by a Kentucky-based legal aid group. It provides video and audio guidance on the commonwealth’s landlord-tenant laws.

Kentucky Revised Statutes Chapter 383 – This document sets for provisions that impact landlord-tenant leasing relationships.

Questions? To chat with a Kentucky landlord tenant attorney, Click here

Kentucky Landlord Tenant Laws [2022]: Renter's Rights & FAQs (2024)

FAQs

What a landlord Cannot do in Kentucky? ›

Landlords do not have to pay interest on security deposits. Can security deposits be commingled with other assets in Kentucky? Landlords cannot commingle security deposits with their other funds. Landlords must deposit security deposits in separate accounts held solely for security deposit.

What are my rights as a renter in Kentucky? ›

Kentucky Tenant Responsibilities (KRS 383.605)

Tenants must comply with any and all housing and building codes that address health and safety. Tenant must maintain cleanliness of the property. Tenants must dispose of trash in a safe manner. Tenants must keep plumbing as clean as their condition allows.

Can landlords evict tenants at this time in Kentucky? ›

In Kentucky, a landlord can evict a tenant for failing to pay rent or for violating the lease or rental agreement. A tenant who is facing eviction for one of these reasons might have at least one defense available.

When can you withhold rent in Kentucky? ›

Tenant Rights to Withhold Rent in Kentucky

Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.

Under what law can landlord enter property? ›

The Landlord And Tenant Act 1985 allows your landlord access to inspect the property, as long as they have given you at least 24 hours' notice and that the proposed visit is at a reasonable time.

How long does a landlord have to give you to move out in Kentucky? ›

URLTA: If the reason the landlord says the tenant has to move is because of non- payment of rent, the landlord must give at least 7 days= notice. For any other reason, they must give 14 days= notice. The notice must be in writing, either hand-delivered or sent by registered/certified mail.

Does a landlord have the right to enter your home? ›

In all states, a landlord can enter the property in an emergency without notice or permission. For example, if a burst pipe in your apartment is leaking into the unit downstairs, your landlord may enter or send someone from the maintenance crew to enter your home if you're not there.

What are squatters rights in Kentucky? ›

A squatter can claim rights to a property after a certain time residing there. In Kentucky, it takes 15 years of continuous occupation for a squatter to make an adverse possession claim (KY RS § 413.010 et seq). When a squatter claims adverse possession, they can gain legal ownership of the property.

How long does it take to evict a tenant in KY? ›

Evicting a tenant in Kentucky can take around three to six weeks, depending on the type of eviction and whether or not the municipality/town/city in which the rental unit is located has adopted the Uniform Residential Landlord and Tenant Act.

How long do you have to move out after eviction in Kentucky? ›

Kentucky laws dictate that the tenants have to move out within 7 days after the Writ of Restitution is issued. Only the sheriff or the appropriate authorities are allowed to remove the tenant by force. Even if the landlord wins the case, they cannot engage in a self-help eviction.

How do I postpone an eviction in Kentucky? ›

Talk to Your Landlord

You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.

How do you fight an eviction? ›

Take Action
  1. Find legal representation or advice. It is important that you seek legal advice or representation immediately. ...
  2. Go to the advice assembly. ...
  3. Go to court on the date of your hearing. ...
  4. Request a postponement to find legal representation. ...
  5. Oppose your eviction in court.

Can a tenant withhold rent for repairs in Kentucky? ›

Landlord Responsibilities in Kentucky

If the landlord does not fix the habitability issue, a tenant may withhold rent or repair and deduct the following month's rent ($100 or up to half the cost of monthly rent). The landlord may not retaliate against the tenant during the time a tenant makes a repair request.

Can landlord come on property without notice? ›

No landlord or their agent can enter the property unless they have sought the tenant's permission and they have given their consent. It is as simple as that.

Is my landlord allowed to have a key? ›

Did you know for instance, that it is illegal for the Landlord to hold a set of keys to the property? You can hold a set of keys if you get the tenant to sign an agreement to that effect and attach it to the tenancy agreement. That is the only legal way to hold keys.”

Can a tenant refuse access to landlord? ›

Can a tenant refuse entry to a landlord or letting agent? Yes, they can. In 99% of cases a tenant refusing entry to a landlord will usually boil down to convenience, or lack thereof.

On what grounds can a landlord enter the premises? ›

It's very important to stay on the right side of the law. Landlords are not able to gain entry to a rental property without obtaining permission from the tenant.
...
Landlords can request access to their properties to check the following:
  • Smoke and CO alarms.
  • Heating appliances.
  • Electrics.
  • Fire safety equipment.
Jun 23, 2020

Can a landlord turn up unannounced? ›

Unless there is an emergency, your landlord or their agent must give you at least 24 hours' notice if they intend to visit. It must be at normal times of the day and for legitimate reasons - that is, to check the condition of the property or to do repairs, or for inspections required by law, such as gas safety.

Can a landlord change the locks in KY? ›

This question is about Kentucky Landlord Tenant Rights

Tenants are not legally forbidden from changing locks, although it is discouraged. Landlords, on the other hand, are explicitly prohibited from changing locks without permission, for any reason whatsoever.

Can my landlord evict me? ›

Eviction is a legal process that must be conducted via the courts and requires an attorney. A landlord cannot evict a tenant without going through due process of law. Assuming there is a written lease agreement in place, a breach of the conditions of the lease might lead a landlord to want to cancel the lease.

How much notice does a landlord have to give if not renewing lease? ›

There are certain steps a landlord must take to notify the tenants of the non-renewal. Most states require the landlord to give some kind of written notice to the tenant. The lease renewal notice period is usually 30 to 60 days, depending on the state.

How much notice does a landlord have to give to visit? ›

In accordance with tenant and landlord law, you're required to give 24 hours notice before you visit, otherwise your tenants are within their legal rights to refuse you entry (except in very specific circ*mstances). One of the key principles to a tenancy is exclusivity.

How much notice does a landlord have to give for an inspection? ›

At a minimum, landlords must give 48 hours' notice before an inspection, and at the most, two weeks' notice. While you are allowed to take photos, try to avoid including the tenant's personal items in these photographs.

Can a tenant refuse viewings? ›

If you don't want your landlord or letting agent to organise viewings you can refuse and they may not enter without your permission.

How do I evict a tenant without a lease in Kentucky? ›

The only way to remove a tenant from a rental unit is for a landlord to win an eviction lawsuit in court against the tenant. Even then, the landlord does not have the authority to physically remove the tenant from the rental unit. That can only be done by a law enforcement officer with a court order.

Can you land lock someone in KY? ›

Kentucky law allows people who trespass and encroach on other's land for a minimum time period to develop an ownership claim to the property. Your home might be your single most valuable asset.

Does Kentucky have an abandonment law? ›

(1) A person is guilty of abandonment of a minor when, as a parent, guardian or other person legally charged with the care or custody of a minor, he deserts the minor in any place under circ*mstances endangering his life or health and with intent to abandon him. (2) Abandonment of a minor is a Class D felony.

What is a forcible detainer in KY? ›

Pursuant to Supreme Court Order, evictions may now be filed. These cases involve disputes between a landlord and tenant(s) due to failure to pay rent or other issues.

Can I evict my tenant for not paying rent? ›

By failing to pay their rent, your tenant has broken the terms of their tenancy agreement, meaning you can serve them a Section 8 notice at any point in the tenancy. Your tenant may dispute the eviction, so you need to be ready with evidence of unpaid rent and your efforts to resolve the issue.

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