Kentucky Residential Lease Agreement

Based on Kentucky Uniform Residential Landlord and Tenant Act (URLTA)

Kentucky Standard Residential Lease Agreement

A Kentucky residential lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. In jurisdictions that have adopted the Uniform Residential Landlord and Tenant Act (URLTA), the agreement is governed by Kentucky Revised Statutes (KRS) Chapter 383, Sections 383.505 through 383.715.^[1]

This document provides comprehensive guidance on creating, executing, and enforcing residential lease agreements in Kentucky, with all requirements verified against Kentucky statutory law.

Legal Framework in Kentucky

Uniform Residential Landlord and Tenant Act (Urlta)

Kentucky's landlord-tenant law for residential properties is primarily governed by the Uniform Residential Landlord and Tenant Act (URLTA), codified in KRS 383.505-383.715.^[1] However, URLTA is not automatically applicable statewide. It applies only in jurisdictions that have formally adopted it.

Counties that have adopted URLTA:

Fayette County (Lexington)

Jefferson County (Louisville)

Oldham County

Pulaski County

Cities that have adopted URLTA:

Barbourville, Bellevue, Bromley, Covington, Dayton

Florence, Georgetown, Ludlow, Melbourne, Newport

Silver Grove, Southgate, Shelbyville, Taylor Mill, Woodlawn

Required Disclosures

Kentucky law requires landlords to provide specific disclosures to tenants before or at the commencement of the tenancy. Failure to provide required disclosures may result in legal consequences.

Manager/owner Identity Disclosure

Under KRS 383.585, the landlord must disclose in writing at or before the commencement of the tenancy:^[2]

The name and address of the person authorized to manage the premises

The name and address of 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 for the purpose of receiving and receipting for notices and demands

Consequences of Non-Disclosure: Until the landlord complies with this disclosure requirement, the tenant may serve notices and demands on the person who collects the rent, and such service shall be deemed proper service.^[2]

Security Deposit Disclosure

Under KRS 383.580(1), the landlord must inform the prospective tenant of:^[3]

The location of the separate bank account where security deposits are held

The account number of such account

Security deposits must be held in an account at a bank or other lending institution subject to regulation by the Commonwealth of Kentucky or any agency of the United States government.^[3]

Move-In/move-Out Condition Checklist

Under KRS 383.580(2), prior to tendering any consideration deemed to be a security deposit:^[3]

The prospective tenant must 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

The listing must include the estimated dollar cost of repairing such damage

The tenant has the right to inspect the premises to ascertain the accuracy of such listing prior to taking possession

Lead-Based Paint Disclosure (federal Requirement)

For all residential properties built before 1978, federal law (42 U.S.C. Section 4852d) requires landlords to:^[4]

Disclose the presence of any known lead-based paint or lead-based paint hazards

Provide any lead hazard evaluation reports available to the landlord

Provide the EPA-approved lead hazard information pamphlet

Allow the tenant a 10-day period (unless mutually agreed otherwise) to conduct a risk assessment or inspection

Penalties: Civil penalties for noncompliance can reach up to $19,507 per violation. Knowing violations may result in triple damages.^[4]

Security Deposit Requirements

Kentucky security deposit requirements are established by KRS 383.580.^[3]

Deposit Limits

Kentucky does not impose a statutory maximum on the amount a landlord may charge as a security deposit. The amount should be specified in the lease agreement.

Handling Requirements

Under KRS 383.580(1), landlords must:^[3]

Deposit all security deposits in a separate account used only for that purpose

Maintain the account at a bank or lending institution regulated by Kentucky or a federal agency

Inform tenants of the account location and account number

Critical Penalty: If the landlord fails to deposit the security deposit in a separate account as required, the landlord forfeits the right to retain any portion of the security deposit.^[3]

Return Timeline and Procedures

Under KRS 383.580(6) and (7), the security deposit return process is as follows:^[3]

If the tenant owes rent: The tenant must make a written request for the return of the security deposit. The landlord must return the deposit (minus lawful deductions) within thirty (30) days of receiving such request.^[3]

If the tenant does NOT owe rent: The tenant must make a written request for the return of the security deposit. The landlord must return the deposit (minus lawful deductions) within sixty (60) days of receiving such request.^[3]

Allowable Deductions

Landlords may deduct from the security deposit for:

Unpaid rent

Damage to the premises beyond normal wear and tear caused by the tenant, occupants, or guests

Other charges specified in the lease agreement

Move-Out Inspection Requirement: Under KRS 383.580(3), the landlord shall inspect the unit after the tenant vacates and provide a written list of damages (beyond wear and tear) to the tenant.^[3]

Critical Penalty: If the landlord fails to provide the move-in or move-out inspection list as required, the landlord forfeits the right to retain any portion of the security deposit.^[3]

Rent Payment Terms

Due Date and Grace Period

Under KRS 383.565, rent is due as specified in the rental agreement.^[5] Kentucky law does NOT provide a mandatory grace period for late rent payments. Rent is considered late immediately after the due date unless the lease specifies otherwise.

Best Practice: Many landlords voluntarily include a grace period (typically 3-5 days) in the lease agreement. If a grace period is desired, it should be explicitly stated in the lease.

Late Fees

Kentucky law does NOT cap late fees. However, late fees should be reasonable and not punitive. A typical range is 5-10% of monthly rent. Any late fee structure should be clearly specified in the lease agreement.

Nsf/bounced Check Fees

Under KRS 514.040, the maximum fee a landlord may charge for a returned (bounced) check is $50.^[6]

Landlord Obligations

Under KRS 383.595, landlords in URLTA jurisdictions have the following mandatory maintenance obligations:^[7]

Maintenance Obligations (krs 383.595)

(a) Comply with the requirements of applicable building and housing codes materially affecting health and safety

(b) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition

(c) Keep all common areas of the premises in a clean and safe condition

(d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord

(e) Supply running water and reasonable amounts of hot water at all times, and reasonable heat between October 1 and May 1 (except where the building is not required by law to be equipped for that purpose)

Implied Warranty of Habitability: These obligations create an implied warranty of habitability that cannot be waived in the lease agreement.^[7]

Tenant Obligations

Under KRS 383.605, tenants in URLTA jurisdictions have the following obligations:^[8]

Maintenance Obligations (krs 383.605)

Comply with all obligations imposed by building and housing codes materially affecting health and safety

Keep that part of the premises occupied and used by the tenant as clean and safe as the condition of the premises permit

Dispose of all ashes, garbage, rubbish, and other waste in a clean and safe manner

Keep all plumbing fixtures as clean as their condition permits

Use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances properly

Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises

Conduct self and require others on the premises with consent to conduct themselves in a manner that will not disturb neighbors' peaceful enjoyment

Landlord Access to Rental Property

Under KRS 383.615, landlord access to the rental property is regulated as follows:^[9]

Notice Requirements

Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least two (2) days' notice of intent to enter the premises.^[9]

Permitted Purposes for Entry

To make necessary or agreed repairs, decorations, alterations, or improvements

To supply necessary or agreed services

To inspect the premises

To show the premises to prospective tenants, buyers, contractors, or lenders

Restrictions on Entry

The landlord:^[9]

• May enter only at reasonable times
• Shall NOT abuse the right of access or use it to harass the tenant

Extended Absence

If the tenant is absent from the premises for more than seven (7) days, the landlord may enter at times reasonably necessary.^[9]

Eviction Procedures and Notice Requirements

Kentucky law establishes specific notice requirements before a landlord may begin eviction proceedings. The required notice period depends on the reason for eviction.

Nonpayment of Rent - 7 Days

Under KRS 383.660(2), if rent is unpaid when due and the tenant fails to pay within seven (7) days after written notice of nonpayment and the landlord's intention to terminate the rental agreement if rent is not paid within that period, the landlord may terminate the rental agreement.^[10]

Lease Violations - 14 Days to Cure

Under KRS 383.660(1), if the tenant commits a material noncompliance with the rental agreement (other than nonpayment of rent), the landlord may deliver written notice specifying:^[10]

The acts and omissions constituting the breach

That the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice

If the tenant remedies the breach within fourteen (14) days, the lease continues. If not remedied, the landlord may file for eviction after the notice period expires.^[10]

Repeat Violations - 14 Days (no Cure)

If substantially the same act or omission which constituted a prior noncompliance (for which notice was given) recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination. No opportunity to cure is required for repeat violations.^[10]

Month-To-Month Tenancy - 30 Days

Under KRS 383.695(2), the landlord or tenant may terminate a month-to-month tenancy by written notice given at least thirty (30) days before the periodic rental date specified in the notice.^[11]

Important Timing Rule: The 30-day notice must be given at least 30 days before the next periodic rental date. Simply counting 30 days from the notice date may not be sufficient if it does not align with the rental period.^[11]

Week-To-Week Tenancy - 7 Days

Under KRS 383.695(3), the landlord or tenant may terminate a week-to-week tenancy by written notice given at least seven (7) days before the termination date specified in the notice.^[11]

Holdover Tenants

Under KRS 383.695(1), if a tenant remains in possession without the landlord's consent after expiration of the lease term or its termination, the landlord may:^[11]

Bring an action for possession

If the holdover is willful and not in good faith, recover up to three (3) months' periodic rent or threefold the actual damages (whichever is greater), plus reasonable attorney's fees

Tenant Remedies for Landlord Noncompliance

Failure to Maintain - Krs 383.625

If the landlord materially fails to comply with KRS 383.595 (maintenance obligations) or the rental agreement, and the noncompliance materially affects health and safety, the tenant may:^[12]

Deliver written notice to the landlord specifying the breach

If the breach is not remedied in fourteen (14) days, the tenant may terminate the rental agreement effective thirty (30) days after the notice

Failure to Supply Essential Services - Krs 383.640

If the landlord deliberately or negligently fails to supply essential services (heat, running water, hot water, electric, gas, or other essential services), the tenant may:^[13]

Give written notice to the landlord specifying the breach

Procure reasonable substitute housing during the period of noncompliance (rent abates during this period)

Recover damages based on the diminution of fair rental value

Prohibited Lease Provisions

Under KRS 383.570, certain provisions are prohibited and unenforceable in rental agreements:^[14]

(a) Provisions whereby the tenant agrees to waive or forego rights or remedies under KRS 383.505 to 383.715

(b) Provisions authorizing any person to confess judgment on a claim arising out of the rental agreement

(c) Provisions whereby the tenant agrees to pay the landlord's attorney's fees (except when ordered by a court)

(d) Provisions limiting landlord liability or tenant remedies when the landlord has failed in duties

Additionally, under KRS 383.570(2), a rental agreement may NOT include a provision allowing the landlord to terminate the tenancy based on the tenant's request for assistance from law enforcement or other emergency services.^[14]

Essential Terms of a Kentucky Residential Lease

A comprehensive Kentucky residential lease agreement should include the following terms:

Identifying Information

Full legal names of all landlords/property owners

Full legal names of all tenants (adults who will reside at the property)

Complete property address including unit number if applicable

Name and address of person authorized to manage the premises (required by KRS 383.585)

Name and address of owner or agent for service of process (required by KRS 383.585)

Lease Term

Start date of the lease

End date of the lease (for fixed-term leases)

Type of tenancy (fixed-term, month-to-month, week-to-week)

Renewal terms and procedures

Rent Terms

Monthly rent amount

Due date for rent payment

Accepted payment methods

Where/how rent should be paid

Grace period (if any)

Late fee amount and when applied

NSF/bounced check fee (maximum $50 per KRS 514.040)

Security Deposit Terms

Security deposit amount

Bank name and account number where deposit is held (required by KRS 383.580)

Conditions for deductions

Timeline for return (30 days if rent owed, 60 days if no rent owed)

Utilities and Services

Which utilities landlord provides

Which utilities tenant is responsible for

Responsibility for utility connections/disconnections

Occupancy and Use

Maximum number of occupants

Permitted use (residential only)

Guest policies

Subletting and assignment provisions

Pet Policy

Whether pets are permitted

Types/breeds/sizes allowed

Pet deposit or pet rent

Pet-related rules and restrictions

Maintenance and Repairs

Landlord maintenance obligations (per KRS 383.595)

Tenant maintenance obligations (per KRS 383.605)

Procedure for requesting repairs

Emergency repair procedures

Additional Provisions

Parking provisions

Storage space

Noise and quiet hours

Smoking policy

Alterations and improvements

Insurance requirements

Entry notice procedures (minimum 2 days per KRS 383.615)