What types of rental situations are NOT covered by legislation governing residential tenancies in Kentucky?
The following types of tenancies are not governed by the state landlord-tenant laws:
(a) residence at a public or private institution, if incidental to detention or the provision of medical, geriatric, educational counseling, religious or similar service;
(b) occupancy under a contract of sale, if the occupant is the purchaser or a person who succeeds to the purchaser’s interest;
(c) occupancy by a member of a fraternal or social organization in part of a structure operated for the benefit of the organization;
(d) hotels, motels or lodgings subject to state transient lodgings or room occupancy excise tax act;
(e) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;
(f) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;
(g) occupancy of a unit located on land devoted to the production of livestock, livestock products, poultry, poultry products or crop production.
Is it necessary to have a written lease or rental agreement in Kentucky?
A lease can be either written or oral, however, a written lease ensures that the rights and obligations of both parties are clearly set out and can help to avoid misunderstandings.
What about a signed move-in move-out inspection report?
The landlord must walk through the premises with the tenant both at move-in and move-out. Both parties must sign and date a list of all damages. If the landlord fails to do so, s/he gives up his/her right to retain any of the deposit when the tenant moves out.
Can the landlord charge a deposit?
The landlord can charge a security deposit, the amount of which should be specified in the lease. The deposit secures the landlord against financial loss because of damages made to the property by the tenant’s occupancy (other than ordinary wear and tear). If the tenant does not create any damages other than normal wear and tear, the Deposit is returned to him/her after he/she has moved out. The landlord must place the security deposit in a bank account used ONLY for that purpose, and must inform the tenant of the location and number of the account. If the landlord fails to segregate the deposit funds, s/he cannot retain any of the deposit when the tenant moves out.
If the landlord retains any of the deposit funds for damages or for unpaid rent, he or she must provide an itemized list of the expenses to the tenant.
When a tenant moves out, the landlord must notify the tenant that s/he owes the security deposit refund by sending notification to the tenant’s current or last known address. The tenant then must respond to the landlord within 60 days to get the money returned. The law does not specify when security deposits are to be returned to the tenant. Often this is included in the lease (90 days is a standard number), but it is not required.
How can a tenancy be terminated?
If there is no lease, or if the lease does not set out a notice period, either party can terminate the tenancy by giving 30 days written notice (for a month-to-month tenancy) or 7 days written notice (for a week-to-week tenancy). If the lease is for a specified term, the lease cannot be terminated until the expiry of the term, unless the parties come to an agreement.
Can a tenant assign a lease or sublet the premises?
Some leases forbid subletting or assigning. However, often a tenant may assign the lease or sublet the premises if the landlord gives permission.
When is the landlord permitted to enter the premises?
The landlord has the right, at convenient times and on 48 hours notice, to enter the premises to make repairs, provide maintenance, or to show the property to prospective tenants or buyers. In the event of an emergency, no notice period is required. Also if the tenant is gone more than 7 days from the premises, the landlord may enter at reasonable times for a necessary cause.
On what grounds can a landlord evict a tenant?
Common grounds for eviction are (i) failure to pay rent on time, (ii) violation of a provision of the lease or of the landlord’s rules, (iii) a tenant failing to give up possession after termination of the agreement. If, after receiving proper notice from the landlord, the tenant fails to cure the default, the landlord can proceed with an eviction action in court. The landlord cannot physically remove a tenant or their belongings without a court order.
A landlord can also seek a distress warrant or attachment for rent against the personal property of a tenant.
The landlord cannot lock out the tenant, remove property, or cut off the tenant’s water, gas, or electricity, without first going through the court procedure and getting an eviction order. The tenant cannot legally be forced out unless a court officer comes to the premises.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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