Kentucky Landlord Tenant Guide
Tenant's Rights
Right to Move in. Once the lease has been signed, the landlord may not charge rent until the tenant actually has possession of the premises. If the landlord does not allow the tenant to move in, the tenant may terminate the lease after giving at least five days' written notice.
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Upon termination, the landlord must return all prepaid rent, damage fees, and deposits. If the tenant does not wish to terminate the lease, and prefers to move onto the premises, he has sufficient grounds for taking the landlord to court and requiring the granting of possession of the premises.
If the court rules that the landlord's actions were willful and not in good faith, the tenant may also recover the greater of three months rent or three times the actual damages, as well as reasonable attorney's fees (KRS 383.630).
If the landlord fails to comply with the provisions of the lease or the Landlord/Tenant Act, although he has been given adequate notice of the problem or violation by the tenant, the tenant may initiate proceedings to terminate the lease (KRS 383.625). First, the tenant must deliver written notice to the landlord describing the landlord's act of noncompliance and stating that he will terminate the lease after thirty days if the situation described is not remedied within fourteen days.
If the landlord either makes the necessary repairs or pays damage within the allotted time, the rental agreement may not be terminated. If the landlord fails to comply with the notice, however, and causes the tenant to move, the landlord must return all prepaid rent.
If the landlord again fails to comply with the lease or with the law within six months,
the tenant has the same rights as before but may terminate the lease after fourteen days' written notice rather than thirty days. The tenant does not have these privileges, however, if the problem has been caused by his or his guests' negligence or misuse (KRS 383.635).
the tenant has the same rights as before but may terminate the lease after fourteen days' written notice rather than thirty days. The tenant does not have these privileges, however, if the problem has been caused by his or his guests' negligence or misuse (KRS 383.635).
If a tenant's unit is damaged or destroyed by fire or casualty to the extent that reasonable enjoyment of the unit is impaired,
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either the tenant or landlord may terminate the lease giving fourteen days' notice. The tenant may move out immediately, however, if he desires, and the landlord must return the unused portion of all prepaid rent (KRS 383.650).
either the tenant or landlord may terminate the lease giving fourteen days' notice. The tenant may move out immediately, however, if he desires, and the landlord must return the unused portion of all prepaid rent (KRS 383.650).
When the landlord fails to comply with the provisions of the lease or the Landlord/Tenant Act in a manner that affects the health and safety of the tenant, the tenant may make his own repairs and deduct the expenses incurred from the rent. Once the tenant has notified the landlord in writing of his intention to make the repairs at the landlord's expense, the landlord has fourteen days to comply.
If no action is taken within the time allowed, the tenant may have the work done, paying the bill himself. After the tenant sends the landlord an itemized statement describing the work, the tenant may deduct the amount from the rent. Since the landlord's liability is limited, however, the tenant should be cautioned not to repair overly expensive items.
The maximum the tenant may deduct is $100 or an amount equal to one-half the monthly rent, whichever is greater. To avoid the possibility of being responsible for payment of the bill, the tenant should seek legal guidance if there is any question as to the applicability of this provision (KRS 383.635).
If the landlord willfully fails to supply heat, running water, hot water, electricity, gas, or other essential services as stipulated in the lease, the tenant may give the landlord written notice stating the problem and may:
* obtain the services and deduct the cost from the rent
* go to court to recover damages for the amount the rental value of the property diminished due to the lack of services,
or* move out until the landlord supplies the service. In this situation, the tenant is not required to pay rent to the original landlord for this period.
or* move out until the landlord supplies the service. In this situation, the tenant is not required to pay rent to the original landlord for this period.
Once the tenant takes these actions, however, he forfeits his right to act in any other manner previously described. For example, once the tenant obtains an essential service himself that the landlord has failed to supply, and deducts the cost from the rent, he may not also terminate the lease for the same reason (KRS 383.640).
Right to Oppose Unlawful Eviction. If the landlord attempts to evict (i.e., bring a forcible detainer action against) the tenant for not paying the rent when, in fact, the rent was withheld because of the landlord's failure to satisfy his duties, the tenant has sufficient grounds to counter claim. In this case, the court might collect the rental money owed and distribute it between the tenant and landlord as it sees fit (KRS 383.645).
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If the landlord unlawfully evicts the tenant or reduces any essential services such as heat or water, the tenant has the legal right to regain possession or terminate the lease and may, in either case, by bringing a court action, recover up to three months' rent as well as reasonable attorney's fees (KRS 383.655).thelpa.com
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