Posts Tagged ‘ Kentucky Landlord Tenant Law ’

Landlords – Don’t be that GUY!

http://www.wfaa.com/news/local/dallas-county/junk-landlord-investigated-by-news-8-evicting-hundreds-of-tenants/329044843
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Jeff, many thanks for processing this for me in record time.  It was most helpful, AND the apartment was rented!
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Accurate Credit Bureau Landlord Advice Tenant Security Deposit

Deadline for Returning Security Deposits by State

The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.

Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage

Accurate Credit Bureau Landlord Tenant Laws and Regulations Kentucky

Kentucky
Security Deposit:

  • Security Deposit Maximum: No Statute
  • Deadline for Returning Security Deposit: 30 days for unpaid rent, 60 days from date of notification if tenant does not file a claim/dispute.
  • Nonrefundable Deposits: No Statute
  • Security Deposit Interest: No Statute
  • Separate Security Deposit Bank Account: Required. Tenants shall be informed of the location of the separate account and the account number. No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in a separate account.
  • Pet Deposits and Additional Fees: No Statute
  • Move-In Disclosure: A 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.
  • Move-Out Checklist/Itemized List of Damages and Charges: Required
  • Advance Notice of Withholding: Required. The tenant also has a right to inspect the premise after receiving the itemized list of damages to verify the accuracy.
  • Record Keeping of Deposit Withholding’s: No Statute
  • Receipt of Deposit: No Statute

Lease, Rent and Fees:

  • Rent Is Due: Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is due at the beginning of each month, and apportionable day-to-day.
  • Default Term: Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case of a tenant who pays weekly rent, and in all other cases month-to-month.
  • Rent Increase Notice: No Statute
  • Rent Grace Period: No Statute
  • Late Fees: No Statute
  • Prepaid Rent: No Statute
  • Returned Check Fees: $50
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes
  • Tenant Allowed to Repair and Deduct Rent: Yes, if the cost of the repair is less than $100 or 1/2 of the monthly rent, and the landlord is given 14 days notice but does not remedy the issue.
  • Landlord Allowed to Recover Court and Attorney Fees: Yes
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Rerent:
    Kentucky tenant screening, rental leases and rental applications

Notices and Entry:

  • Definition of Notice:
  • Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days
  • Notice to Terminate Tenancy – Week-to-Week Lease: 7 days
  • Termination for Nonpayment: 7 days to remedy or quit
  • Termination for Lease Violation: 15 days to remedy or quit. Repeating offenders for the same violation within 6 months, having already received notice once before, can be given an unconditional quit notice.
  • Termination under Labor Contract: When a tenant enters or holds premises by virtue of a contract in which it is stipulated that he is to labor for his landlord, and he fails to begin to labor, or if, having begun, without good cause fails to comply with his contract, his right to the premises shall at once cease, and he shall abandon them without demand or notice.
  • Required Notice before Entry: 2 days, and landlord may only enter premise at reasonable times.
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
  • Entry Allowed with Notice for Showings: Yes
  • Emergency Entry Allowed without Notice: Yes
  • Notice of Date/Time of Move-Out Inspection: No Statute
  • Notice of Extended Absence: If specified in the rental agreement, the tenant must give notice to the landlord of any absence of 7 days or longer. If the tenant fails to do so, the tenant can be held responsible for any damages resulting from his/her absence.
  • Entry Allowed During Tenant’s Extended Absence: Yes
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No
  • Utility Shut-offs Allowed: No
  • Consequences for Self-Help Eviction: 3 months periodic rent, reasonable attorney’s fees, and the return of any prepaid rent.

Disclosures and Miscellaneous Notes:

  • Landlord Duties & Maintenance: 
    • Compliance: Comply with the requirements of applicable building and housing codes materially affecting health and safety;
    • Repairs: Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
    • Common Areas: Keep all common areas of the premises in a clean and safe condition;
    • Maintenance: 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 him; and
    • Heat: 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 that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
  • Tenant’s Duties:
    • Compliance: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
    • Cleanliness: Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
    • Trash: Dispose from his dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
    • Appliances: Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
    • Lawful Activity: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and
    • Quite Enjoyment: Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises.
  • Name and Addresses: Before a lease begins, the owner must disclose the name and address of the landlord, property owner, and anyone authorized to manage the property or allowed to receive notice on the owner’s behalf.
  • House Rules and Regulations: A landlord has the right to create rules and regulations at any time, under certain circumstances.
  • Domestic Violence Situations: No Statute
  • Retaliation: For 1 year thereafter, a landlord must not terminate, refuse to renew a lease, or fine a tenant for complaining to the landlord for complaining to a government agency, or being involved in a tenant’s organization, otherwise retaliation will be assumed.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.