Under Kentucky law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under KRS Chapter 383, such as the right to timely rent payments and a livable dwelling.
Note: These rights exist regardless of what the lease agreement says. However, some rural areas in Kentucky have their own rental laws. This article describes standards covered by Kentucky’s Uniform Landlord-Tenant Act, which applies to 75%-80% of Kentucky renters.
In Kentucky, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Kentucky’s habitability requirements:
Item | Has to Provide? | Has to Fix/Replace? |
---|---|---|
Heating/AC | Only Heating (Oct. 1 – May 1) | Only If Provided |
Hot Water | Yes | Yes |
Kitchen Appliances | No | Only If Provided |
Garbage Containers/Removal | No | No |
Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
Mold | N/A | Yes |
Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In Kentucky, landlords must make repairs within 14 days after getting written notice from tenants. If repairs aren’t made in a timely manner, Kentucky tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. Read more
Kentucky landlords can pursue legal eviction for the following reasons:
It is illegal for Kentucky landlords to evict tenants out of discrimination. It is also unlawful to evict a tenant as a form of retaliation for:
It’s illegal for Kentucky landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Landlords must provide notification of lease termination.
Rent Payment Frequency | Notice Needed |
---|---|
Week-to-Week | 7 Days |
Month-to-Month | 30 Days |
Quarter-to-Quarter | No statute |
Year-to-Year | No statute |
Tenants who lease on a yearly basis do not have to give advance notice if they intend to move out once the lease is over.
Early Termination: Tenants can break their lease legally for the following reasons:
If a Kentucky tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Kentucky does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Kentucky does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Kentucky state law does not specify how much notice landlords must give before increasing the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Protected Classes: Kentucky landlords are prohibited from discriminating against tenants due to age, race, color, national origin, religion, gender, familial status, or disability. The Federal Fair Housing Act does not apply to some owner-occupied homes or homes operated by religious organizations.
Kentucky does not have any extra protection for classes other than those outlined in the Federal Fair Housing Act. However, those with HIV/AIDS are protected as the condition counts as a “disability.”
Discriminatory Acts & Penalties: Fair housing laws are enforced by the Kentucky Commission on Human Rights. Acts that can be considered discriminatory when directed to a member of a protected class include:
Tenants can file a discrimination complaint on the Kentucky Human Rights Commission website.
In addition to having laws that address general issues like repairs and security deposits, most states, including Kentucky, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Kentucky landlords can enter rental property for inspections, maintenance, and showings. They usually must provide 2 days’ advance notice of entry, except if there’s an emergency. If the landlord plans to enter and bill for noncompliance, the advance notice must be in writing.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $2,500. Kentucky Small Claims Court is a division of District Court. The process takes approximately two to three months.
Kentucky landlords must disclose the following information:
Kentucky law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Many cities in Kentucky have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
The Fair Housing Brochure – This guide is published by the Kentucky Commission on Human Rights.
Landlord-Tenant Overview for Kentucky – This video was created by a Kentucky-based legal aid group to provide a summary of the state’s landlord-tenant laws.
Can a Tenant Change the Locks in Kentucky? Kentucky tenants can change their locks, as long as this isn't prohibited by the terms of the rental agreement. The landlord still has a right to access the rental property for various purposes, so it is usually reasonable for the tenant to provide copies of any new keys. Read more » What Are a Tenant’s Rights in Kentucky? Kentucky tenants have the right to live on habitable property. If the landlord violates this right, tenants have a number of options, including getting an injunction, canceling the rental agreement, and seeking monetary damages. Read more » Is Kentucky a “Landlord Friendly” State? Kentucky is a relatively landlord-friendly state. Landlords have broad freedom to set rent and related fees, and requirements for safe housing are lower than in many other places. Read more » Can a Landlord Enter Without Permission in Kentucky? Kentucky landlords can enter a rental property without permission in emergencies, or when there's another provable reason it's not practically possible to ask before entry. Read more »