What a Landlord Cannot Do in Kentucky: Key Rights & Regulations

Being a landlord in Kentucky can be a lucrative endeavor. There is much flexibility in rent control, predictable income, and tax breaks. However, Kentucky landlords must follow the law to avoid any issues. If a landlord fails to respect a tenant’s rights, the consequences can be pretty severe.

Likewise, Kentucky tenants must be vigilant to protect their rights. To simplify this, we’ve summarized key rights and regulations landlords and tenants should familiarize themselves with in the Bluegrass State.

#1: A Landlord Can’t Evict an Active Duty Service Member

Kentucky landlords aren’t allowed to evict service members on active duty because they failed to pay rent on time. A federal law called the Servicemembers Civil Relief Act (SCRA) allows active-duty military personnel to push back eviction proceedings for a minimum of three months.

This protection applies provided the lease agreement was signed before the service member entered active duty or was forced to move to a different state or country because of their deployment orders.

However, it should be highlighted that this protection applies to eviction due to unpaid rent only. Other material breaches of the rent agreement, including exceeding the number of agreed permanent residents and owning a pet in the property despite being prohibited, are legal grounds for eviction to continue.

#2: There are Banned Lease Clauses in Kentucky

Kentucky landlord-tenant laws ensure that provisions permitting unfair practices are not included in one’s lease contract. Lease clauses that negate a tenant’s rights are strictly banned in the state. Landlords must be careful not to add the following provisions in a lease agreement:

• Waiving of a tenant’s legal rights as mandated by state statutes
• Permission for the landlord to get a judgment without going through a court trial’s due process
• Requirement for tenants to shoulder the landlord’s attorney expenses
• Restrict the landlord’s liability in terms unsupported by the law

Kentucky law says that even if these clauses were part of a lease agreement, they’re considered null and void. Tenants shouldn’t be afraid to challenge these clauses because the Kentucky legal system will back them up.

#3: Discrimination is not Tolerated Even When Doing a Criminal History Screening

Kentucky follows the Federal Fair Housing Law, which prohibits discrimination based on a potential tenant’s disability, familial status, color, race, religion, national origin, or sex. Some municipalities in Kentucky take this a step further, and that’s why both landlords and tenants should be aware of local landlord-tenant laws.

Acts of discrimination include refusing to have a rental property leased to a tenant, imposing different lease terms, and misrepresenting property availability.

While Kentucky doesn’t prevent landlords from doing criminal history screenings, they must conduct this in a nondiscriminatory and consistent manner. Kentucky landlords can be penalized if their criminal history screening is discriminatory. A good example is if they only ask potential tenants of a specific color for their criminal background. Landlords can only reject applicants if their past offenses are related to their lease application.

#4: There are Limits and Requirements for Safety Deposits

Kentucky landlords are required to keep security deposits in a separate bank account exclusively for security deposits in a lending institution or bank in the state. Landlords are required to disclose the account number and location to renters.

Upon the tenancy’s expiration, Kentucky landlord-tenant law says that the security deposit must be returned to the tenant within a set timeline, which usually ranges from 30 to 60 days. The landlord must justify why they’re keeping the security deposit beyond this period. If the tenant doesn’t reply to the landlord’s plan of returning the deposit, the landlord can keep this amount.

#5: Landlord Cannot Raise Rent Prices Before the Contract Expires

Kentucky landlord-tenant law states that landlords can’t increase rent prices until the contract expires unless the rental agreement stipulates otherwise. While there’s no rule around how much advance notice should be given for month-to-month rent leases, the expectation is usually a 30-day notice.

Landlord-tenant laws say late fees can only be imposed if included in the lease agreement. The fee must be reasonable and clearly indicated in the contract.

#6: Kentucky Landlord-Tenant Law Mandates the Disclosure of Methamphetamine Contamination

If the local health department has posted a methamphetamine contamination notice on the property, the landlord must disclose this information to potential tenants. The notice must also state that the property has been decontaminated as mandated by Kentucky landlord-tenant law.

This disclosure must include the property’s physical address, the exact location inside the property where the methamphetamine production took place, and a Notice of Methamphetamine Contamination copy. Upon the tenant’s request, the landlord must furnish a copy of any documents relating to the contamination. Lead-based paint must also be disclosed.

#7: The Landlord Must Provide a Habitable Living Environment

All rental units in Kentucky must be a habitable living environment. The landlord must make sure the property adheres to state building and housing codes. They must ensure the rental property has running water, reliable heating, electricity, plumbing, and climate control measures. Following these rules is non-negotiable.

Likewise, Kentucky law states that landlords must make all repairs and ensure common areas are safe and clean. In some instances, landlords and tenants may concur that the tenant makes specific repairs and maintenance tasks. Still, this agreement must be in good faith and not evade the landlord’s responsibilities.

#8: Eviction Requires a Proper Notice

A landlord who wants to terminate the rental agreement before its expiration must have a just cause. The landlord must supply a written notice before the contract gets officially terminated.

If the tenant doesn’t pay rent within the allotted period, the landlord must give proper notice that if they don’t pay rent within seven days, they’re kicked out of the property. If the tenant violates the lease contract, the landlord must state the violation, and if the tenant doesn’t fix the problem, the lease is terminated within 14 days after the notice is given. The landlord can file a lawsuit against the tenant if the problem is not fixed after this notice period.

If the landlord has previously sent a 14-day notice within 6 months, and the tenant repeats the violation, the landlord can send a 14-day unconditional quit notice in which case the landlord doesn’t have to give the tenant the opportunity to fix the issue. The landlord can sue the tenant if the tenant doesn’t leave by the deadline.

But what if there’s no just cause for the lease termination? The proper notice period would depend on the lease agreement terms. For monthly tenancies, there should be a 30-day notice. For long-term leases (one year and beyond), the landlord must wait until the lease expiration.

#9: Illegal Evictions are Prohibited

The Uniform Residential Landlord law states that self-help evictions are prohibited in Kentucky. Self-help measures include cutting off fundamental utilities like electricity or plumbing, blocking the property’s access, and changing locks.

The tenant has the right to move back into the property or terminate the lease if found guilty. The tenant is also owed no more than the equivalent of 3 months rent and reasonable attorney expenses.

#10: There are Limits to a Landlord’s Right to Enter the Property

Kentucky landlords can go inside the rental property with the tenant’s consent or in emergencies. However, in most cases, the landlord must provide reasonable notice before entering the premises.

The landlord must provide tenants with at least two days’ notice. Proper reasons for the landlord to enter the property include agreed or necessary repairs, inspections, and showing the property to new tenants or buyers.

#11:Landlord Cannot Engage in Retaliatory Actions

Retaliation is strictly prohibited in Kentucky. Retaliatory actions include but aren’t limited to filing baseless evictions, reducing fundamental services as revenge for tenant complaints, and raising the rent.

Tenants are protected from retaliation if they complain about code violations, join tenant organizations, or exercise their legal rights. Tenants may be entitled to compensation if a landlord is found guilty of retaliatory actions.

Conclusion

The landlord-tenant relationship in Kentucky is based on trust and respect. Both landlords and tenants must follow the law to avoid legal trouble. If the tenant is an active duty service member looking to activate SCRA rights, securing proof of military service is a must. Click here to sign up at SCRAVS and verify the active duty status.

FAQs

What is considered landlord harassment in Kentucky?

In Kentucky, retaliation includes illegal eviction, cutting off fundamental utilities, entering the property without notice, creating a hostile environment, and retaliation. The tenant can file a lawsuit if the landlord harasses them.

When should I pay rent in Kentucky? 

Unless otherwise stated in the lease agreement, rent is due on the first day of the month. Landlords and tenants can agree on the payment method in the contract.

What can I sue my landlord for in Kentucky?

You can sue your landlord for different reasons, including failure to provide a habitable living environment, not making necessary repairs, illegal eviction, housing discrimination, and interfering with your quiet enjoyment rights. You may also file a lawsuit for their failure to give back your security deposit and injuries caused by property negligence.

Is it legal for a landlord to raise the rent whenever they want?

It depends on the lease agreement. The landlord can legally do so for month-to-monthly rent leases, provided that there’s a 30-day notice. For longer leases, it’s illegal to do so.

What if a landlord includes an illegal clause in the lease?

Kentucky law stipulates that even if an illegal clause was included in the lease agreement, they’re considered null and void. Tenants shouldn’t be afraid to challenge these clauses because the Kentucky legal system will support them.

What can a tenant do if they face retaliation after filing a complaint?

There are various options a tenant can explore, including seeking advice from tenant organizations or seeking legal counsel. Kentucky housing authorities can also assist tenants when this happens.