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AN ACT relating to rights and obligations of landlords and tenants to a residential 1
lease. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
SECTION 1. KRS 383.545 IS REPEALED AND REENACTED AS A NEW 4
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 5
As used in Sections 1 to 61 of this Act: 6
(1) "Action" means an action for damages, possession, ejectment, quiet title, specific 7
performance, or other judicial proceeding in which rights under a lease or 8
Sections 1 to 61 of this Act are determined; 9
(2) "Actual damages" means compensation for direct, consequential, or incidental 10
injuries or losses. The term includes amounts payable to a landlord or tenant 11
under the lease for a violation of the lease and diminution in the value of a 12
dwelling unit; 13
(3) "Bank" means an organization that engages in the business of banking and is 14
federally insured. The term includes a savings bank, savings and loan 15
association, credit union, and trust company; 16
(4) "Building, housing, fire, or health code" includes any law concerning fitness for 17
habitation or the construction, maintenance, operation, occupancy, use, or 18
appearance of the premises; 19
(5) "Contact person" means a person designated by a tenant under subsection (2) of 20
Section 8 of this Act; 21
(6) "Criminal act" or "criminal activity" means: 22
(a) The manufacture, sale, distribution, use, or possession of a controlled 23
substance on or in the vicinity of the premises which is criminal under state 24
or federal law; or 25
(b) Activity that is criminal under state or federal law and threatens the health 26
or safety of an individual on the premises or the landlord or landlord’s 27 UNOFFICIAL COPY 25 RS BR 377
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agent on or off the premises; 1
(7) "Diminution in the value of a dwelling unit" means a reduction from rent which 2
reflects the extent to which a noncompliant condition of the premises impairs the 3
tenant’s use and enjoyment of the unit, as determined by a court based on 4
evidence that need not include expert testimony; 5
(8) "Dwelling unit" means property leased to a tenant for use as a home, residence, 6
or sleeping place by an individual or two (2) or more individuals who maintain a 7
common household, regardless of their relationship to each other. The term 8
includes: 9
(a) A single family residence, together with fixtures and appurtenances, the 10
land on which it is located, and any other structure on the land; and 11
(b) A structure or part of a structure in which the tenant resides, together with 12
fixtures and appurtenances, and any other area of the land on which the 13
structure is located to which the tenant is given an exclusive right of 14
possession during the term of the lease, including a designated parking 15
space or storage area; 16
(9) "Electronic" means relating to technology having electrical, digital, magnetic, 17
wireless, optical, electromagnetic, or similar capability; 18
(10) "Essential service" means heat, hot and cold running water, sewage or septic 19
disposal, and electricity. The term includes gas or air conditioning if required to 20
be supplied to a tenant by the lease, state law, or local ordinance which, if not 21
supplied to the tenant, would create a serious threat to the health, safety, or 22
property of the tenant or immediate family member; 23
(11) "Fees" means amounts payable by a tenant to a landlord which the landlord has 24
no obligation to account for or return to the tenant. The term does not include 25
rent or a security deposit; 26
(12) "Funds" means money, checks, bank account credits, certificates of deposit, or 27 UNOFFICIAL COPY 25 RS BR 377
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the like; 1
(13) "Good faith" means honesty in fact and the observance of reasonable 2
commercial standards of fair dealing; 3
(14) "Guest" means an individual, other than the landlord or landlord’s agent, invited 4
on the premises by a tenant or immediate family member; 5
(15) "Immediate family member" means any of the following who habitually reside in 6
a dwelling unit with a tenant: 7
(a) An individual related to the tenant by blood, adoption, marriage, civil union, 8
or domestic partnership; 9
(b) An individual having an intimate relationship with the tenant; or 10
(c) A foster child, stepchild, or ward of the tenant; 11
(16) "Landlord" means: 12
(a) The owner of a dwelling unit rented to a tenant; 13
(b) A successor in interest to the landlord; 14
(c) A sublessor, only if the landlord did not consent to the sublease; and 15
(d) A person that manages the unit or enters a lease on behalf of the owner of 16
the unit and fails to comply with Section 7 of this Act, except with respect to 17
events occurring after: 18
1. The tenant is given notice in a record that complies with Section 7 of 19
this Act; or 20
2. The date of termination of the person’s authority to act on behalf of 21
the owner if that authority is terminated; 22
(17) "Law" includes federal or state statutes, case law, administrative action, and 23
legislative acts of local governments; 24
(18) "Lease" means a contract, oral or in a record, between a landlord and tenant in 25
which the landlord rents a dwelling unit to the tenant for a tenancy for a fixed 26
term or a periodic tenancy. The term includes an amendment to the lease, rules 27 UNOFFICIAL COPY 25 RS BR 377
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adopted by the landlord which were disclosed to the tenant under Section 7 of this 1
Act, and, subject to Section 18 of this Act, rules adopted by the landlord after 2
commencement of the term of the lease; 3
(19) "Notice in a record" means notice that complies with subsection (2) of Section 6 4
of this Act; 5
(20) "Owner" means a person vested with all or part of: 6
(a) Legal title to the premises; or 7
(b) Beneficial ownership and a right to present use and enjoyment of the 8
premises; 9
(21) "Periodic rent" means the amount payable each month under a tenancy for a 10
fixed term or a periodic tenancy for month-to-month or payable each week under 11
a periodic tenancy for week-to-week. If rent is payable annually, periodic rent is 12
the amount of the annual rent divided by twelve (12); 13
(22) "Periodic tenancy" means a tenancy created under a lease or arising by 14
operation of law for either month-to-month or week-to-week; 15
(23) "Person" means an individual, estate, trust, business or nonprofit entity, public 16
corporation, government or governmental subdivision, agency, or 17
instrumentality, or other legal entity; 18
(24) "Premises" means a dwelling unit and, to the extent owned by the landlord, any 19
structure of which the unit is a part. The term includes any area and structure 20
owned by the landlord which is associated with the structure in which the 21
dwelling unit is located and held out by the landlord for the use of tenants 22
generally; 23
(25) "Prepaid rent" means rent paid to a landlord before the first day of the rental 24
period to which it is to be applied; 25
(26) "Record" means information that is inscribed on a tangible medium or that is 26
stored in an electronic or other medium and is retrievable in perceivable form; 27 UNOFFICIAL COPY 25 RS BR 377
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(27) "Rent," used as a noun, means a payment for the right to possession of a 1
dwelling unit. The term does not include a security deposit or fees; 2
(28) "Repairs" includes remediation; 3
(29) "Security deposit" means funds provided to a landlord to secure payment or 4
performance of a tenant’s obligations under a lease or Sections 1 to 61 of this Act 5
and the identifiable proceeds of the funds, however denominated. The term does 6
not include rent or fees; 7
(30) "Security interest" means an interest in personal property which secures 8
payment or performance of a tenant’s obligations under a lease or Sections 1 to 9
61 of this Act; 10
(31) "Sign" means, with present intent to authenticate or adopt a record: 11
(a) To execute or adopt a tangible symbol; or 12
(b) To attach to or logically associate with the record an electronic symbol, 13
sound, or process. 14
As used in this subsection, "symbol" includes an email address or other 15
identifying header; 16
(32) "State" means a state of the United States, the District of Columbia, Puerto Rico, 17
the United States Virgin Islands, or any territory or insular possession subject to 18
the jurisdiction of the United States; 19
(33) "Tenancy for a fixed term" means a tenancy under a lease for a fixed or 20
computable period, regardless of the length of the period; 21
(34) "Tenant" means: 22
(a) A person that is a party to a lease of a dwelling unit and is entitled to 23
possession of the unit; 24
(b) An assignee or sublessee of a tenant which has possession of the unit with 25
the landlord’s consent; and 26
(c) An individual authorized to occupy the unit by a tenant; 27 UNOFFICIAL COPY 25 RS BR 377
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(35) "Tenant representative" means: 1
(a) A personal representative of a deceased tenant’s estate; or 2
(b) Before the appointment of a personal representative, a contact person, or in 3
the absence of a contact person, a person the landlord reasonably believes 4
to be an heir of the tenant under the applicable intestate succession law; 5
(36) "Unearned rent" means rent, including prepaid rent, that a tenant paid to a 6
landlord for the right to possession of the dwelling unit for any period after the 7
date the lease terminates in accordance with its terms or Sections 1 to 61 of this 8
Act. The term does not include an amount, including rent, owed to the landlord 9
for a period before or after the date the lease terminates during which the tenant 10
is in physical possession of the premises; and 11
(37) "Willful" means the intentional performance of an act the actor knows to be 12
prohibited by Sections 1 to 61 of this Act or a lease, intentional failure to perform 13
an act the actor knows to be required by Sections 1 to 61 of this Act or the lease, 14
or deliberate indifference to whether the performance or failure to perform 15
violates Sections 1 to 61 of this Act or the lease. "Willfully" has a corresponding 16
meaning. 17
SECTION 2. KRS 383.535 IS REPEALED AND REENACTED AS A NEW 18
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 19
(1) As used in this section: 20
(a) "Occupancy as a vacation rental" means occupancy that has the following 21
characteristics: 22
1. The tenant rents the dwelling unit for vacation purposes only and has 23
a principal residence other than the unit; 24
2. The unit is furnished with personal property necessary to make the 25
unit ready for immediate occupancy by the tenant; and 26
3. The occupancy does not exceed thirty (30) consecutive days; and 27 UNOFFICIAL COPY 25 RS BR 377
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(b) "Transient occupancy" means occupancy in a room or suite of rooms 1
which has the following characteristics: 2
1. The cost of occupancy is charged on a daily basis; 3
2. The operator of the room or suite provides housekeeping and linen 4
service as part of the regularly charged cost of occupancy; and 5
3. The occupancy does not exceed thirty (30) consecutive days. 6
(2) Except as otherwise provided in subsection (3) of this section, Sections 1 to 61 of 7
this Act apply to a lease of a dwelling unit in this Commonwealth. 8
(3) The following arrangements are not governed by Sections 1 to 61 of this Act: 9
(a) Residence at a public or private facility, if incidental to detention or the 10
provision of medical, mental health, geriatric, counseling, educational, 11
religious, disability, personal safety, or similar service; 12
(b) Occupancy under a contract of sale of, or an option to purchase, a dwelling 13
unit or the building of which it is a part, if the occupant is the purchaser or 14
optionee or an individual who has succeeded to the interest of the purchaser 15
or optionee; 16
(c) Occupancy by a member of a fraternal or social organization in a part of a 17
structure operated for the benefit of the organization; 18
(d) Transient occupancy; 19
(e) Occupancy by an employee of a landlord when the employee’s right to 20
occupancy is conditioned on employment in or about the premises; 21
(f) Occupancy by a holder of a proprietary lease in a cooperative; 22
(g) Occupancy under a lease covering premises used by the occupant for 23
agricultural purposes; 24
(h) Occupancy as a vacation rental; and 25
(i) A ground lease of real property which lease does not include a dwelling 26
unit. 27 UNOFFICIAL COPY 25 RS BR 377
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SECTION 3. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 1
READ AS FOLLOWS: 2
(1) A right or obligation under Sections 1 to 61 of this Act is enforceable by an action 3
unless the provision creating the right or obligation provides otherwise. 4
(2) A party seeking relief under Sections 1 to 61 of this Act has a duty to mitigate 5
damages. 6
SECTION 4. KRS 383.550 IS REPEALED AND REENACTED AS A NEW 7
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 8
Every lease or duty under Sections 1 to 61 of this Act imposes an obligation of good 9
faith in its performance and enforcement. 10
SECTION 5. KRS 383.555 IS REPEALED AND REENACTED AS A NEW 11
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 12
(1) If a court, as a matter of law, finds a lease or any provision of the lease was 13
unconscionable at the time it was made, the court may refuse to enforce the lease, 14
enforce the remainder of the lease without the unconscionable provision, or limit 15
application of the unconscionable provision to avoid an unconscionable result. 16
(2) If a court, as a matter of law, finds a settlement agreement in which a party 17
waived or agreed to forgo a claim or right under a lease or Sections 1 to 61 of this 18
Act was unconscionable at the time it was made, the court may refuse to enforce 19
the agreement, enforce the remainder of the agreement without the 20
unconscionable provision, or limit application of the unconscionable provision to 21
avoid an unconscionable result. 22
(3) If a party or the court puts unconscionability in issue under subsection (1) or (2) 23
of this section, the court shall allow the parties to present evidence of the setting, 24
purpose, and effect of the lease or settlement agreement to aid the court in 25
making the determination of unconscionability. 26
SECTION 6. KRS 383.560 IS REPEALED AND REENACTED AS A NEW 27 UNOFFICIAL COPY 25 RS BR 377
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SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 1
(1) In Sections 1 to 61 of this Act, a person has notice of a fact if the person: 2
(a) Has actual knowledge of the fact; 3
(b) Received notice of the fact under subsection (4) of this section; or 4
(c) Has reason to know the fact exists from all facts known to the person at the 5
time in question. 6
(2) Except as otherwise provided in subsection (3) of Section 44 of this Act, if 7
Sections 1 to 61 of this Act require notice in a record, the notice must be signed 8
by the person giving it and: 9
(a) Delivered personally to the recipient; 10
(b) Deposited in the mail with proper postage and properly addressed if: 11
1. Sent to the landlord, to the mailing address specified under Section 7 12
of this Act; 13
2. Sent to the tenant, to the mailing address specified under Section 8 of 14
this Act; or 15
3. Sent to a person other than a landlord or tenant, or there is no address 16
specified for the landlord or tenant, to an address reasonable under 17
the circumstances; or 18
(c) Unless the landlord or tenant notifies the other at any time that notice shall 19
be given only by personal delivery or by mail as provided in paragraph (b) of 20
this subsection, delivered by another means of communication with cost of 21
transmission provided for and properly addressed if: 22
1. Sent to the landlord, to an address specified under Section 7 of this 23
Act; 24
2. Sent to the tenant, to an address specified under Section 8 of this Act; 25
or 26
3. No address is specified, to an address reasonable under the 27 UNOFFICIAL COPY 25 RS BR 377
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circumstances. 1
(3) Except as otherwise provided in subsection (2) of this section, a person gives 2
notice of a fact to another person by taking steps reasonably calculated to inform 3
the other person, whether or not the other person learns of the fact. 4
(4) In Sections 1 to 61 of this Act, a person receives notice of a fact when: 5
(a) The fact comes to the person’s attention; or 6
(b) If notice in a record is required, the notice is: 7
1. Personally delivered under subsection (2)(a) of this section; or 8
2. Sent or delivered under subsection (2)(b) or (c) of this section. 9
SECTION 7. KRS 383.585 IS REPEALED AND REENACTED AS A NEW 10
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 11
(1) Before accepting an application fee, the prospective landlord shall disclose to the 12
prospective tenant in a record the criteria the landlord uses to determine the 13
landlord’s willingness to enter into a lease with a tenant. 14
(2) Before accepting funds to be applied to a security deposit, prepaid rent, or fees 15
other than an application fee, or before entering into a lease, a prospective 16
landlord shall disclose to the prospective tenant in a record the following: 17
(a) Any condition of the premises which the landlord knows or on a reasonable 18
inspection of the premises should have known would constitute a 19
noncompliance under Section 16 of this Act and would materially interfere 20
with the health or safety of the tenant or immediate family member or would 21
materially interfere with the use and enjoyment of the premises by the 22
tenant or immediate family member; 23
(b) Whether, to the knowledge of the landlord, a foreclosure action or 24
extrajudicial foreclosure proceeding has been commenced against the 25
premises; 26
(c) If rent is prepaid, the month or other period of the lease to which the rent is 27 UNOFFICIAL COPY 25 RS BR 377
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to be applied; and 1
(d) The rules affecting the tenant’s use and enjoyment of the premises, whether 2
adopted by the landlord or another person. 3
(3) At or before commencement of the term of a lease, the landlord shall give the 4
tenant notice in a record specifying: 5
(a) The name of: 6
1. The landlord; 7
2. Any person authorized to manage the premises; 8
3. The owner of the premises; 9
4. Any person authorized to act for the owner for service of process; and 10
5. Any person authorized to receive a notice or demand for the owner; 11
(b) The mailing address and any address to be used for the receipt of electronic 12
communications by the landlord or any person designated by the landlord to 13
which a notice or demand must be sent; and 14
(c) The address to, or the method by, which the tenant must deliver rent. 15
(4) A landlord shall keep the information required by subsection (3) of this section 16
current. 17
(5) If the premises were in foreclosure before a landlord and tenant entered into a 18
lease and the disclosure required by subsection (2)(b) of this section was not 19
made, the tenant may recover actual damages resulting from the foreclosure. 20
SECTION 8. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) At or before commencement of the term of a lease, the tenant shall give the 23
landlord notice in a record specifying the tenant’s mailing address and any 24
address to be used for the receipt of electronic communications by the tenant. 25
(2) At the request of a landlord, the tenant shall designate a contact person to act for 26
the tenant on the tenant’s death, by giving the landlord a record specifying the 27 UNOFFICIAL COPY 25 RS BR 377
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name and, if known, the mailing address, any address to be used for the receipt of 1
electronic communications, and the telephone number of the contact person. In 2
the absence of a request by the landlord, the tenant may designate a contact 3
person in the same manner. 4
(3) A tenant shall keep current the information required by subsections (1) and (2) of 5
this section. On termination of the lease, the tenant shall provide the landlord a 6
forwarding address to which the landlord must send the tenant’s security deposit 7
and unearned rent or other communications. 8
SECTION 9. KRS 383.510 IS REPEALED AND REENACTED AS A NEW 9
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 10
Unless displaced by the particular provisions of Sections 1 to 61 of this Act, the 11
principles of law and equity supplement Sections 1 to 61 of this Act. 12
SECTION 10. KRS 383.565 IS REPEALED AND REENACTED AS A NEW 13
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 14
(1) A lease may include terms and conditions not prohibited by Sections 1 to 61 of 15
this Act or other law. 16
(2) Unless a lease or law other than Sections 1 to 61 of this Act otherwise provides: 17
(a) The tenant shall pay rent for the dwelling unit for the term of the lease in 18
an amount comparable to the rent paid for other dwelling units of similar 19
size and condition in the same or a comparable location, determined at the 20
commencement of the term; 21
(b) Rent is: 22
1. Payable without demand or notice: 23
a. At the address or place the landlord designates under Section 7 24
of this Act or, if no designation is made, at the landlord’s place 25
of business at the time the lease was made; and 26
b. On the first day of each month or at the beginning of the term if 27 UNOFFICIAL COPY 25 RS BR 377
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the term is less than one (1) month; and 1
2. Uniformly apportioned from day to day; and 2
(c) A rental period is on a monthly basis beginning with the first day of the 3
month for a tenancy for a fixed term of more than one (1) month or a 4
periodic tenancy of month-to-month and, for all other tenancies, the rental 5
period begins on the first day rent is paid. 6
(3) Except as otherwise provided in Section 11 of this Act, unless the lease creates a 7
tenancy for a fixed term, the tenancy is a periodic tenancy for week-to-week if the 8
tenant pays rent weekly and otherwise is a periodic tenancy for month-to-month. 9
(4) A landlord shall provide the tenant a copy of any lease that is signed by them or, 10
if the lease is enforceable under Section 11 of this Act, signed by either of them. 11
(5) If a landlord willfully fails to comply with subsection (4) of this section, the 12
tenant may recover actual damages or one (1) month’s periodic rent, whichever is 13
greater. 14
SECTION 11. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) Subject to subsection (2) of this section: 17
(a) If a lease signed by the tenant is delivered to the landlord and the landlord 18
fails to sign the lease and return it to the tenant, acceptance of rent by the 19
landlord without a reservation of rights gives the lease the same effect as if 20
the lease had been signed by the landlord and returned to the tenant; and 21
(b) If a lease signed by the landlord is delivered to the tenant and the tenant 22
fails to sign the lease and return it to the landlord, acceptance of possession 23
and payment of rent without a reservation of rights gives the lease the same 24
effect as if the lease had been signed by the tenant and returned to the 25
landlord. 26
(2) If a lease given effect under subsection (1) of this section provides for a tenancy 27 UNOFFICIAL COPY 25 RS BR 377
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for a fixed term longer than one (1) year, the lease is effective for one (1) year. 1
(3) Absent a lease signed by the landlord or tenant which is delivered to the other, if 2
the tenant accepts possession and pays rent to the landlord without a reservation 3
of rights and the landlord accepts rent from the tenant without a reservation of 4
rights, the tenancy created is a periodic tenancy for week-to-week if the tenant 5
pays rent weekly and in all other cases a periodic tenancy for month-to-month. 6
SECTION 12. KRS 383.570 IS REPEALED AND REENACTED AS A NEW 7
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 8
(1) A lease shall not require the tenant to: 9
(a) Unless permitted by Sections 1 to 61 of this Act, waive or forgo a right or 10
remedy under Sections 1 to 61 of this Act; 11
(b) Authorize a person to confess judgment on a claim arising out of the lease 12
or Sections 1 to 61 of this Act; 13
(c) Perform a duty imposed on the landlord by Section 16 of this Act; 14
(d) Agree to pay attorney’s fees and costs of the landlord other than those 15
provided by Sections 1 to 61 of this Act or law other than Sections 1 to 61 of 16
this Act; or 17
(e) Agree to exculpate or limit a liability of the landlord arising under Sections 18
1 to 61 of this Act or law other than Sections 1 to 61 of this Act or indemnify 19
the landlord for the liability and the costs connected with the liability. 20
(2) A provision in a lease prohibited by subsection (1) of this section or law other 21
than Sections 1 to 61 of this Act is unenforceable. If the landlord seeks to enforce 22
the provision or accepts the tenant’s voluntary compliance with the provision, the 23
court may award the tenant an amount not to exceed three (3) times the periodic 24
rent. 25
SECTION 13. KRS 383.575 IS REPEALED AND REENACTED AS A NEW 26
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 27 UNOFFICIAL COPY 25 RS BR 377
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A lease, assignment, sublease, conveyance, trust deed, or security instrument shall not 1
authorize a person to receive rent without assuming the duties imposed on the landlord 2
by the lease and Section 16 of this Act. 3
SECTION 14. KRS 383.520 IS REPEALED AND REENACTED AS A NEW 4
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 5
(1) As used in this section, "prevailing party" means a party that: 6
(a) Initiated the enforcement of a right or remedy under a lease or Sections 1 to 7
61 of this Act and substantially prevailed on the right or remedy asserted; or 8
(b) Substantially prevailed in defending against a right or remedy asserted by 9
the other party. 10
(2) In an action to enforce a right or remedy arising under a lease or Sections 1 to 61 11
of this Act, the court shall award the prevailing party costs. The court may award 12
the prevailing party reasonable attorney’s fees if the court determines that the 13
other party did not act in good faith, willfully performed an act prohibited by the 14
lease or Sections 1 to 61 of this Act, or willfully refrained from performing an act 15
required by the lease or Sections 1 to 61 of this Act. 16
(3) A court shall not award a landlord attorney’s fees or costs in an uncontested 17
action to recover possession of a dwelling unit. 18
SECTION 15. KRS 383.590 IS REPEALED AND REENACTED AS A NEW 19
SECTION OF KRS CHAPTER 383 TO READ A S FOLLOWS: 20
A landlord shall deliver physical possession of the dwelling unit to the tenant at the 21
commencement of the term of the lease. 22
SECTION 16. KRS 383.595 IS REPEALED AND REENACTED AS A NEW 23
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 24
(1) A landlord has a nonwaivable duty to maintain the premises in a habitable 25
condition, including making necessary repairs. The duty requires the landlord to 26
ensure that the premises: 27 UNOFFICIAL COPY 25 RS BR 377
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(a) Comply with all obligations imposed on the landlord by any applicable 1
building, housing, fire, or health code or law other than Sections 1 to 61 of 2
this Act; 3
(b) Have effective waterproofing and weather protection of the roof and 4
exterior walls, including windows and doors; 5
(c) Have plumbing facilities that conform to law and are maintained in good 6
working order; 7
(d) Have access to a water supply approved under law which can provide hot 8
and cold running water; 9
(e) Have adequate ventilation and heating facilities that conform to law and are 10
maintained in good working order; 11
(f) Have electrical lighting, with wiring and equipment that conform to law and 12
are maintained in good working order; 13
(g) Have reasonable measures in place to control the presence of rodents, 14
bedbugs, and other vermin and to prevent exposure to unsafe levels of 15
radon, lead paint, asbestos, toxic mold, and other hazardous substances; 16
(h) To the extent the premises include a common area or other areas under the 17
landlord’s control, have reasonable measures in place to make the area: 18
1. Clean and sanitary; 19
2. Safe for normal and reasonably foreseeable use consistent with the 20
lease and in good repair; and 21
3. Reasonably free of debris, filth, rubbish, garbage, and the items listed 22
in paragraph (g) of this subsection; 23
(i) Have an adequate number of appropriate receptacles in reasonably clean 24
condition if the landlord is obligated to provide trash removal or recycling 25
service by law or an agreement in a record signed by the landlord and 26
tenant; 27 UNOFFICIAL COPY 25 RS BR 377
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(j) Have in good repair floors, doors, windows, walls, ceilings, stairways, and 1
railings; 2
(k) Have in good repair other facilities and appliances supplied or required to 3
be supplied by the landlord; 4
(l) Have in good repair locks or other security devices on all exterior doors and 5
on windows that open and close, including those of the dwelling unit and 6
other parts of the premises; and 7
(m) Have in good working order any safety equipment required by law. 8
(2) A landlord has the duty to ensure the premises have access to essential services, 9
but the lease may require an account with a utility provider of an essential service 10
to the dwelling unit be in the name of the tenant and the tenant pay the periodic 11
cost for the service. If the service is not provided because the tenant fails to pay 12
for the service, the landlord does not fail to comply with this subsection. 13
(3) If a sublessor is a landlord for purposes of Sections 1 to 61 of this Act, the 14
sublessor has the duty to comply with subsection (1) of this section except for 15
duties that would require the sublessor to access parts of the premises beyond the 16
sublessor’s control. 17
(4) A landlord and tenant may agree that the tenant is to perform specified repairs, 18
maintenance tasks, alterations, or remodeling only if: 19
(a) The agreement is in a record, other than the lease, signed by the parties and 20
supported by adequate consideration; 21
(b) The work is not necessary to cure the landlord’s noncompliance with 22
subsection (1)(a) of this section; and 23
(c) The agreement does not affect the obligation of the landlord to other 24
tenants on the premises. 25
(5) A landlord shall not treat performance of an agreement described in subsection 26
(4) of this section as a condition to the performance of any obligation under the 27 UNOFFICIAL COPY 25 RS BR 377
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lease or this section. 1
SECTION 17. KRS 383.600 IS REPEALED AND REENACTED AS A NEW 2
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 3
Except to the extent a landlord and tenant otherwise agree in a signed record, if the 4
landlord, in a good-faith sale to a bona fide purchaser, conveys premises that include a 5
dwelling unit subject to a lease, the following rules apply: 6
(1) Except as otherwise provided in subsection (2) of this section, the landlord is 7
relieved of liability under the lease and Sections 1 to 61 of this Act as to an event 8
that occurs after the later of the conveyance to the purchaser or notice in a record 9
by the landlord to the tenant of the conveyance; and 10
(2) Except as otherwise provided in Section 60 of this Act, the landlord remains 11
liable to the tenant for the amount of any security deposit and unearned rent. 12
SECTION 18. KRS 383.610 IS REPEALED AND REENACTED AS A NEW 13
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 14
(1) Except as otherwise provided in subsection (1) of Section 19 of this Act or as 15
required by law other than Sections 1 to 61 of this Act, a landlord may enforce a 16
rule of the landlord in existence at the time the lease commenced only if the rule 17
was disclosed to the tenant at or before commencement of the lease. 18
(2) Except as otherwise provided in subsections (3) and (4) of this section, after 19
commencement of the term of a lease, the landlord may adopt or modify a rule 20
concerning the tenant’s use and enjoyment of the premises, but the rule or 21
modification shall not take effect earlier than thirty (30) days after the landlord 22
gives the tenant notice in a record of the rule or modification. 23
(3) In a periodic tenancy for month-to-month, a rule or modification adopted under 24
subsection (2) of this section shall not take effect before the expiration of the 25
period in subsection (2)(b) of Section 37 of this Act during which the tenant or 26
landlord could have exercised the right to terminate the tenancy. 27 UNOFFICIAL COPY 25 RS BR 377
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(4) In a tenancy for a fixed term, if a rule or modification adopted under subsection 1
(2) of this section substantially modifies the tenant’s benefit of the bargain and is 2
not required by law other than Sections 1 to 61 of this Act, the rule is not 3
enforceable against the tenant unless the tenant consents in a signed record. 4
SECTION 19. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) Before the commencement of the term of a lease, if the landlord fails to disclose a 7
rule adopted by a person other than the landlord which substantially modifies the 8
tenant’s benefit of the bargain and is not required by law other than Sections 1 to 9
61 of this Act, and the rule is enforced against the tenant, the tenant may: 10
(a) Recover actual damages from the landlord; or 11
(b) Terminate the lease by giving the landlord notice in a record that the lease 12
will terminate on a date specified in the notice which must be at least (30) 13
days after the notice is given. 14
(2) Except as otherwise provided in subsection (3) of this section, if, after the 15
commencement of the term of a lease, a person other than the landlord adopts or 16
modifies a rule that substantially modifies the tenant’s benefit of the bargain and 17
is not required by law other than Sections 1 to 61 of this Act and the rule is 18
enforced against the tenant, the tenant of a tenancy for a fixed term may 19
terminate the lease by giving the landlord notice in a record that the lease will 20
terminate on a date specified in the notice which must be at least thirty (30) days 21
after the notice is given or, in the case of a periodic tenancy, terminate the 22
tenancy in accordance with Section 37 of this Act. 23
(3) A tenant shall not terminate a lease under subsection (2) of this subsection if the 24
lease provides the dwelling unit is subject to rules of a person other than the 25
landlord and the person may modify the rules after the commencement of the 26
term of the lease. 27 UNOFFICIAL COPY 25 RS BR 377
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SECTION 20. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 1
READ AS FOLLOWS: 2
Except as otherwise provided in Section 22 of this Act, if a landlord fails to comply with 3
the lease or Section 16 of this Act, the tenant has the remedies under Section 21 of this 4
Act if the tenant gives the landlord: 5
(1) Notice in a record of the noncompliance; and 6
(2) An opportunity to remedy the noncompliance within the following periods: 7
(a) Subject to paragraph (b) of this section, not later than fourteen (14) days 8
after the tenant gave the notice; and 9
(b) If the noncompliance involves failure to provide an essential service or 10
materially interferes with the health or safety of the tenant or immediate 11
family member, the landlord shall remedy the noncompliance as soon as 12
practicable but not later than five (5) days after the tenant gave the notice. 13
SECTION 21. KRS 383.635 IS REPEALED AND REENACTED AS A NEW 14
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 15
(1) Except as provided in Section 22 of this Act, if a landlord’s noncompliance with 16
the lease or Section 16 of this Act results in the tenant not receiving an essential 17
service, materially interferes with the health or safety of the tenant or immediate 18
family member, or materially interferes with the use and enjoyment of the 19
premises by the tenant or immediate family member and the noncompliance is 20
not remedied during the applicable period specified in Section 20 of this Act, the 21
tenant may: 22
(a) Terminate the lease as provided in Section 23 of this Act; or 23
(b) Continue the lease and elect one (1) or more of the following remedies: 24
1. Withhold rent for the period of noncompliance beginning on the date 25
the tenant gave notice under Section 20 of this Act; 26
2. Recover actual damages; 27 UNOFFICIAL COPY 25 RS BR 377
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3. Obtain injunctive relief, specific performance, or other equitable 1
relief; 2
4. Make repairs and deduct the cost from the rent, as provided in Section 3
25 of this Act; or 4
5. Secure an essential service the landlord is obligated to provide or 5
comparable substitute housing during the period of noncompliance as 6
provided in Section 26 of this Act. 7
(2) If a landlord’s noncompliance with the lease or Section 16 of this Act does not 8
materially interfere with the health or safety of the tenant or immediate family 9
member or the use and enjoyment of the premises by the tenant or immediate 10
family member, the tenant may elect one (1) or more of the remedies provided in 11
subsection (1)(b)2., 3., or 4. of this section. 12
(3) A tenant is not entitled to a remedy under this section to the extent: 13
(a) The landlord’s noncompliance was caused by an act or omission of the 14
tenant, immediate family member, or guest; or 15
(b) The tenant, immediate family member, or guest prevented the landlord from 16
having access to the dwelling unit to remedy the act or omission described 17
in the notice under Section 20 of this Act. 18
SECTION 22. KRS 383.650 IS REPEALED AND REENACTED AS A NEW 19
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 20
(1) If a dwelling unit or other part of the premises is substantially damaged or 21
destroyed by a fire, other casualty, or natural disaster and: 22
(a) The unit or other part of the premises is uninhabitable or inaccessible or 23
continued occupancy of the unit is unlawful, the tenant may vacate the unit 24
immediately and, not later than fourteen (14) days after vacating the unit, 25
give the landlord notice in a record of the tenant's intent to terminate the 26
lease, in which case the lease terminates as of the date the tenant vacates 27 UNOFFICIAL COPY 25 RS BR 377
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the unit; or 1
(b) If continued occupancy of the unit is lawful, subject to the landlord’s right 2
to terminate the lease under subsection (2) of this section, the tenant, after 3
complying with Section 20 of this Act, may continue the lease and seek the 4
remedies provided in subsection (1)(b)1., 2., 3., or 4. of Section 21 of this 5
Act. 6
(2) If a dwelling unit or other part of the premises is substantially damaged by a fire, 7
other casualty, or natural disaster and continued occupancy of the unit is 8
unlawful or dangerous or requires repairs that can be made only if the tenant 9
vacates the unit, the landlord may terminate the lease by giving the tenant notice 10
in a record that the lease will terminate on a specified date, which must be at least 11
five (5) days after the notice is given. 12
(3) If a landlord's noncompliance with the lease or Section 16 of this Act materially 13
interferes with the health or safety of a tenant or immediate family member or the 14
use and enjoyment of the premises by the tenant or immediate family member and 15
it is impossible for the landlord to remedy the noncompliance within the 16
applicable period specified in Section 20 of this Act, the tenant may terminate the 17
lease as provided in subsection (2) of Section 23 of this Act or, subject to 18
subsection (4) of this section, continue the lease and recover actual damages 19
limited to diminution in the value of the dwelling unit. 20
(4) If a landlord's noncompliance with the lease or Section 16 of this Act materially 21
interferes with the health or safety of a tenant or immediate family member or the 22
use and enjoyment of the premises by the tenant or immediate family member and 23
it is impossible for the landlord to remedy the noncompliance not later than (30) 24
days after receiving the notice under Section 20 of this Act, the landlord may 25
terminate the lease by giving the tenant notice in a record that the lease will 26
terminate on a specified date, which must be at least thirty (30) days after the 27 UNOFFICIAL COPY 25 RS BR 377
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landlord gives the notice. The landlord shall not rent the unit for ninety (90) days 1
after termination of the lease. 2
(5) If a lease is terminated under this section, the landlord shall return any security 3
deposit and unearned rent to which the tenant is entitled under Section 59 of this 4
Act. 5
(6) This section does not preclude: 6
(a) A landlord from seeking actual damages from the tenant under law other 7
than Sections 1 to 61 of this Act for damage to the premises caused by an 8
act or omission of the tenant, immediate family member, or guest; or 9
(b) A tenant from seeking actual damages from the landlord under law other 10
than Sections 1 to 61 of this Act if the fire or other casualty was caused by 11
an act or omission of the landlord or landlord’s agent. 12
SECTION 23. KRS 383.625 IS REPEALED AND REENACTED AS A NEW 13
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 14
(1) If a landlord’s noncompliance with the lease or Section 16 of this Act materially 15
interferes with the health or safety of the tenant or immediate family member and 16
the noncompliance is not remedied within the period specified in subsection 17
(2)(b) of Section 20 of this Act, the tenant may terminate the lease by giving the 18
landlord notice in a record of the tenant’s intent to terminate the lease 19
immediately or on a specified date, which is not later than thirty (30) days after 20
the date of the notice. 21
(2) If a landlord’s noncompliance with the lease or Section 16 of this Act materially 22
interferes with the use and enjoyment of the premises unrelated to the health or 23
safety of the tenant or immediate family member and the noncompliance is not 24
remedied within the period specified in subsection (2)(a) of Section 20 of this Act, 25
the tenant may terminate the lease by giving the landlord notice in a record of the 26
tenant’s intent to terminate the lease on a specified date, which must be at least 27 UNOFFICIAL COPY 25 RS BR 377
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fourteen (14) days after the expiration of the period allowed under Section 20 of 1
this Act for the remedy of the noncompliance. 2
(3) In addition to terminating a lease as provided in subsection (1) or (2) of this 3
section, the tenant may recover actual damages. 4
(4) If a tenant terminates a lease under this section, the landlord shall return any 5
security deposit and unearned rent to which the tenant is entitled under Section 6
59 of this Act. 7
SECTION 24. KRS 383.630 IS REPEALED AND REENACTED AS A NEW 8
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 9
(1) Except as otherwise provided in subsection (4) of this section, if a landlord does 10
not deliver physical possession of the dwelling unit to the tenant under Section 15 11
of this Act, the tenant is not required to pay rent until possession is delivered and 12
may: 13
(a) Terminate the lease by giving notice in a record to the landlord at any time 14
before the landlord delivers possession of the unit to the tenant; or 15
(b) Demand performance of the lease by the landlord and: 16
1. Recover actual damages and obtain possession of the unit from the 17
landlord; or 18
2. Obtain possession of the unit from any person wrongfully in 19
possession by any lawful means the landlord could have used. 20
(2) If a tenant terminates the lease under subsection (1)(a) of this section, the 21
landlord shall return any amounts received from the tenant before the 22
commencement of the term of the lease. 23
(3) In addition to the rights of a tenant under subsections (1) and (2) of this section, 24
if a landlord’s failure to deliver possession to the tenant under Section 15 of this 25
Act is willful, the tenant may recover three (3) times the periodic rent or three (3) 26
times the actual damages, whichever is greater. 27 UNOFFICIAL COPY 25 RS BR 377
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(4) If a tenant seeks possession under subsection (1)(b)2. of this section, the tenant is 1
liable to the landlord for rent and may recover from the person wrongfully in 2
possession the damages provided in Section 38 of this Act. 3
SECTION 25. KRS 383.640 IS REPEALED AND REENACTED AS A NEW 4
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 5
(1) Subject to subsection (4) of this section, if a landlord fails to comply with the 6
lease or Section 16 of this Act, the tenant may give notice to the landlord under 7
Section 20 of this Act specifying the noncompliance. If the landlord fails to 8
remedy the noncompliance within the applicable period specified in Section 20 of 9
this Act and the reasonable cost to remedy the noncompliance does not exceed 10
one (1) month’s periodic rent, the tenant may make repairs to remedy the 11
noncompliance at the landlord’s expense. 12
(2) A tenant that makes repairs under subsection (1) of this section is entitled to 13
recover the actual and reasonable cost incurred or the reasonable value of the 14
work performed to remedy the noncompliance, not exceeding one (1) month’s 15
periodic rent. Unless the tenant has been reimbursed by the landlord, the tenant 16
may deduct the cost or value from rent after submitting to the landlord an 17
itemized statement, accompanied by receipts for purchased items and services. 18
(3) A repair under subsection (1) of this section must be made in a professional 19
manner and in compliance with applicable law. 20
(4) A tenant shall not repair a noncompliance at the landlord’s expense under 21
subsection (1) of this section to the extent: 22
(a) The noncompliance was caused by an act or omission of the tenant, 23
immediate family member, or guest; or 24
(b) The landlord was unable to remedy the noncompliance within the 25
applicable period specified in Section 20 of this Act because the tenant, 26
immediate family member, or guest denied the landlord access to the 27 UNOFFICIAL COPY 25 RS BR 377
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dwelling unit. 1
(5) A tenant’s use of the remedy under this section is limited to one (1) month’s 2
periodic rent during any twelve (12) month period. 3
SECTION 26. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) Except as otherwise provided in Section 22 of this Act, if a tenant fails to receive 6
an essential service the landlord has a duty to provide under subsection (2) of 7
Section 16 of this Act, the tenant may give notice to the landlord under Section 20 8
of this Act specifying the failure. If the landlord fails to provide the essential 9
service within the applicable period specified in Section 20 of this Act, the tenant 10
may: 11
(a) Take appropriate measures to secure the essential service during the period 12
of the landlord’s noncompliance and deduct the actual and reasonable cost 13
from the rent; or 14
(b) Procure comparable substitute housing at the landlord’s expense during the 15
period of the noncompliance and recover actual damages. 16
(2) This section does not apply if the tenant’s failure to receive the essential service 17
was caused by an act or omission of the tenant, immediate family member, or 18
guest. 19
SECTION 27. KRS 383.645 IS REPEALED AND REENACTED AS A NEW 20
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 21
(1) If a landlord fails to comply with the lease or Section 16 of this Act and the tenant 22
has complied with Section 20 of this Act, the tenant may defend an action by the 23
landlord based on nonpayment of rent on the ground that no rent was due 24
because of the noncompliance and counterclaim for any amount the tenant may 25
recover under the lease or Sections 1 to 61 of this Act. 26
(2) If a tenant is in possession of the dwelling unit when the landlord files an action 27 UNOFFICIAL COPY 25 RS BR 377
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based on nonpayment of rent, either party may seek a court order directing the 1
tenant to pay all or part of the unpaid rent and all additional rent as it accrues 2
into an escrow account with the court or a bank or other entity authorized by the 3
court to hold funds in escrow. 4
(3) If rent has been paid into escrow under this section and the court determines the 5
landlord fully complied with the lease and Section 16 of this Act, the court shall 6
order the immediate release to the landlord of rent held in escrow and enter 7
judgment for any remaining rent owed. 8
(4) If rent has been paid into escrow under this section and the court determines that 9
the landlord’s noncompliance with the lease or Section 16 of this Act materially 10
interferes with the health or safety of a tenant or an immediate family member or 11
the use and enjoyment of the premises by the tenant or an immediate family 12
member, the court may order one (1) or more of the following: 13
(a) Release to the landlord of all or part of the rent held in escrow to be used 14
only to bring the premises into compliance with the lease or Section 16 of 15
this Act; 16
(b) Return to the tenant of all or part of the rent held in escrow in 17
compensation for: 18
1. A repair made by the tenant in compliance with Section 25 of this Act; 19
or 20
2. Actual damages; 21
(c) The tenant’s continued payment of rent into escrow as rent becomes due or 22
abatement of future rent until the landlord brings the premises into 23
compliance with the lease or Section 16 of this Act; and 24
(d) Payment to the landlord of any rent held in escrow not otherwise payable to 25
the tenant. 26
(5) If rent has not been paid into escrow under this section and the court determines 27 UNOFFICIAL COPY 25 RS BR 377
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that the landlord complied with the lease and Section 16 of this Act, the court 1
shall render judgment for unpaid rent. 2
(6) If rent has not been paid into escrow under this section and the court determines 3
that the landlord’s noncompliance with the lease or Section 16 of this Act 4
materially interferes with the health or safety of a tenant or immediate family 5
member or the use and enjoyment of the premises by the tenant or an immediate 6
family member, the court shall render judgment for unpaid rent less any amount 7
expended by the tenant in compliance with Section 25 of this Act to repair the 8
premises and actual damages. 9
(7) In addition to the other remedies provided in this section, the court may award 10
possession or other appropriate relief if the court determines the tenant: 11
(a) Acted in bad faith in withholding rent; or 12
(b) Failed to comply with an order to pay rent into escrow under subsection (2) 13
of this section or to pay rent or other amounts owed to the landlord under 14
this section. 15
(8) The court shall not award possession if the court determines that the tenant 16
withheld rent in good faith and the tenant complies with an order to pay unpaid 17
rent into escrow or to the landlord under this section. 18
SECTION 28. KRS 383.655 IS REPEALED AND REENACTED AS A NEW 19
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 20
(1) If a landlord unlawfully removes or excludes the tenant from the premises or 21
willfully interrupts or causes the interruption of an essential service the landlord 22
has the duty to provide to the tenant, the tenant may recover three (3) times the 23
periodic rent or three (3) times the damages, whichever is greater, and: 24
(a) Recover possession; or 25
(b) Terminate the lease by giving the landlord notice in a record of the tenant’s 26
intent to terminate the lease immediately or on a later specified date. 27 UNOFFICIAL COPY 25 RS BR 377
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(2) If a tenant terminates the lease under subsection (1)(b) of this section, the 1
landlord shall return any security deposit and unearned rent to which the tenant 2
is entitled under Section 59 of this Act. 3
SECTION 29. KRS 383.605 IS REPEALED AND REENACTED AS A NEW 4
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 5
(1) As used in this section, "normal wear and tear" means deterioration that results 6
from the intended use of a dwelling unit, including breakage or malfunction due 7
to age or deteriorated condition. The term does not include deterioration that 8
results from negligence, carelessness, accident, or abuse of the unit, fixtures, 9
equipment, or other tangible personal property by the tenant, immediate family 10
member, or guest. 11
(2) A tenant: 12
(a) Shall comply with the obligations imposed on the tenant by the lease and 13
Sections 1 to 61 this Act; 14
(b) Shall comply with the obligations imposed on a tenant by any building, 15
housing, fire, or health code or other law; 16
(c) Except with respect to duties imposed on the landlord by the lease, Sections 17
1 to 61 this Act, or other law, shall keep the dwelling unit reasonably safe 18
and sanitary; 19
(d) Shall remove all garbage, rubbish, and other debris from the unit in a clean 20
and safe manner; 21
(e) Shall keep all plumbing fixtures in the unit reasonably clean; 22
(f) Shall use in a reasonable manner all electrical, plumbing, heating, 23
ventilating, and air-conditioning system and other facilities and appliances 24
on the premises; 25
(g) Without the landlord’s consent, shall not intentionally or negligently: 26
1. Destroy, deface, damage, impair, remove, or render inoperative any 27 UNOFFICIAL COPY 25 RS BR 377
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part of the premises; 1
2. Destroy, deface, damage, impair, remove, or render inoperative any 2
safety equipment on the premises; or 3
3. Permit an immediate family member or guest to do any of the acts 4
specified in this paragraph; 5
(h) Shall not disturb the use and enjoyment of the premises by another tenant 6
or permit an immediate family member or guest to do the same; 7
(i) Shall not engage in or permit an immediate family member or guest to 8
engage in criminal activity; 9
(j) Shall notify the landlord within a reasonable time of any condition of the 10
premises which requires repair by the landlord under the lease or Section 11
16 of this Act; 12
(k) Shall return the dwelling unit to the landlord at the termination of the lease 13
in the same condition as it was at the commencement of the term of the 14
lease, with the premises free of any damage caused by the tenant, immediate 15
family member, or guest, except for: 16
1. Normal wear and tear; 17
2. Damage resulting from a cause beyond the control of the tenant, 18
immediate family member, or guest; and 19
3. Any addition and improvement installed on the premises with the 20
landlord’s consent; and 21
(l) Unless the landlord and tenant otherwise agree, shall use the dwelling unit 22
only for residential purposes. 23
SECTION 30. KRS 383.660 IS REPEALED AND REENACTED AS A NEW 24
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 25
(1) Except as otherwise provided by law other than Sections 1 to 61 of this Act and 26
subject to subsection (2) of this section: 27 UNOFFICIAL COPY 25 RS BR 377
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(a) A landlord may terminate a lease for nonpayment of rent when the rent is 1
unpaid when due by giving the tenant notice in a record stating that if the 2
rent remains unpaid fourteen (14) days after the notice is given, the lease 3
shall terminate on expiration of the fourteen (14) day period or a later 4
specified date; or 5
(b) If there is a material noncompliance with a lease or Sections 1 to 61 of this 6
Act by the tenant, other than nonpayment of rent, the landlord may give the 7
tenant notice in a record specifying the act or omission constituting the 8
noncompliance and stating that if the noncompliance is not remedied not 9
later than fourteen (14) days after the landlord gives the notice, the lease 10
shall terminate on a specified date which must be at least thirty (30) days 11
after the landlord gives the notice. 12
(2) A landlord may terminate the lease without giving the tenant an opportunity to 13
remedy a noncompliance by giving the tenant the notice described in subsection 14
(3) of this section if: 15
(a) The tenant failed to pay rent in a timely manner on at least two (2) 16
occasions within the four (4) month period preceding the notice to terminate 17
the lease; 18
(b) The tenant committed substantially the same act or omission for which 19
notice under subsection (1)(b) of this section was given within six (6) 20
months preceding the latest noncompliance; 21
(c) The noncompliance by the tenant, immediate family member, or guest poses 22
an actual and imminent threat to the health or safety of any individual on 23
the premises or the landlord or landlord’s agent; or 24
(d) Subject to subsection (5) of this section, the tenant, immediate family 25
member, or guest has committed a criminal act. 26
(3) Notice in a record terminating a lease under subsection (2) of this section must 27 UNOFFICIAL COPY 25 RS BR 377
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specify the reason for the termination and state that: 1
(a) For a termination under subsection (2)(a) or (b) of this section, the lease 2
shall terminate on a specified date, which must be at least fourteen (14) 3
days after the landlord gave the notice; or 4
(b) For a termination under subsection (2)(c) or (d) of this section, the lease 5
shall terminate immediately or on a later specified date. 6
(4) Except as otherwise provided in Sections 1 to 61 of this Act, if a tenant fails to 7
comply with Section 29 of this Act, the landlord may: 8
(a) Obtain injunctive relief or specific performance; or 9
(b) Regardless of whether the lease terminates as a result of the tenant’s 10
noncompliance, recover actual damages or liquidated damages as provided 11
by the lease. 12
(5) A landlord shall not terminate a lease under subsection (2)(d) of this section if 13
the criminal act was the act of an immediate family member or guest, and the 14
tenant: 15
(a) Neither knew nor should have known the act was going to be committed; 16
and 17
(b) Took reasonable steps to ensure that there will not be a repeated criminal 18
act on the premises by the immediate family member or guest. 19
SECTION 31. KRS 383.675 IS REPEALED AND REENACTED AS A NEW 20
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 21
(1) Subject to subsection (2) of this section, acceptance by a landlord of rent for two 22
(2) or more successive rental periods with knowledge of noncompliance by the 23
tenant with the lease or Sections 1 to 61 of this Act or acceptance by the landlord 24
of the tenant’s performance that varies from the terms of the lease or Sections 1 25
to 61 of this Act is a waiver of the landlord’s right to terminate the lease for the 26
noncompliance, unless the landlord and tenant otherwise agree after the 27 UNOFFICIAL COPY 25 RS BR 377
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noncompliance occurs. 1
(2) This section does not prevent a landlord or tenant from exercising a right under 2
Section 37 of this Act to terminate a periodic tenancy. 3
SECTION 32. KRS 383.680 IS REPEALED AND REENACTED AS A NEW 4
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 5
(1) Distraint for rent is abolished. 6
(2) A landlord shall not create, perfect, or enforce a lien or security interest on a 7
tenant’s tangible personal property to secure the tenant’s performance under the 8
lease or Sections 1 to 61 of this Act. This subsection does not apply to a lien or 9
security interest created or perfected before the effective date of this Act. 10
SECTION 33. KRS 383.670 IS REPEALED AND REENACTED AS A NEW 11
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 12
(1) As used in this section, "reasonable efforts" means any step a landlord would 13
take to rent a dwelling unit if the unit is vacated at the end of a term, including 14
showing the unit to a prospective tenant or advertising the availability of the unit. 15
(2) A tenant abandons a dwelling unit if: 16
(a) The tenant delivers possession of the unit to the landlord before the end of 17
the term by returning the keys or other means of access or otherwise notifies 18
the landlord the unit has been vacated; or 19
(b) Rent that is due was not paid for at least five (5) days and the tenant has: 20
1. Vacated the unit by removing substantially all of the tenant’s personal 21
property from the unit and the premises; and 22
2. Caused the termination of an essential service or otherwise indicated 23
by words or conduct that the tenant has no intention to return to the 24
unit. 25
(3) If a tenant abandons the dwelling unit before the end of the term of the lease, the 26
landlord may recover possession of the unit without a court order and may: 27 UNOFFICIAL COPY 25 RS BR 377
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(a) Accept the tenant’s abandonment of the unit by notice in a record given to 1
the tenant, in which case: 2
1. The lease terminates on the date of abandonment; 3
2. The landlord and tenant are liable to each other under the lease only 4
for a noncompliance with the lease or Sections 1 to 61 of this Act 5
which occurred before the lease terminates; and 6
3. The landlord shall return any security deposit and unearned rent to 7
which the tenant is entitled under Section 59 of this Act; or 8
(b) Treat the abandonment as wrongful. 9
(4) If a landlord treats abandonment of a dwelling unit as wrongful under subsection 10
(3)(b) of this section, the tenant remains liable under the lease and the landlord 11
has a duty to mitigate by making a reasonable effort to rent the unit, subject to 12
the following rules: 13
(a) The landlord’s duty to mitigate does not take priority over the landlord’s 14
right to lease first any other dwelling unit the landlord has available to 15
lease; 16
(b) If the landlord leases the abandoned unit to another person for a term 17
beginning before the expiration of the term of the lease of the abandoning 18
tenant, the lease terminates as of the date of the new tenancy and the 19
landlord may recover actual damages from the abandoning tenant; 20
(c) If the landlord makes a reasonable effort to lease the abandoning tenant’s 21
unit but is unable to lease it or is able to lease it only for an amount less 22
than the rent payable by the abandoning tenant, the landlord may recover 23
actual damages from the abandoning tenant; 24
(d) If the landlord fails to make a reasonable effort to lease the abandoning 25
tenant’s unit, the lease terminates as of the date of abandonment, and the 26
landlord and tenant are liable to each other under the lease or Sections 1 to 27 UNOFFICIAL COPY 25 RS BR 377
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61 of this Act only for a noncompliance with the lease or Sections 1 to 61 of 1
this Act which occurred before the date of abandonment; and 2
(e) After deducting the landlord’s actual damages, the landlord shall return 3
any security deposit and unearned rent to which the tenant is entitled under 4
Section 59 of this Act. 5
SECTION 34. KRS 383.690 IS REPEALED AND REENACTED AS A NEW 6
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 7
Except as otherwise provided in Section 33 of this Act, a landlord: 8
(1) Shall not recover or take possession of a dwelling unit by an act of self-help, 9
including willful interruption or causing the willful interruption of an essential 10
service to the unit; and 11
(2) May recover possession of a dwelling unit following termination of a lease only 12
through an action permitted by law other than Sections 1 to 61 this Act. 13
SECTION 35. KRS 383.615 IS REPEALED AND REENACTED AS A NEW 14
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 15
(1) Except as otherwise provided in this section, a landlord shall not enter a dwelling 16
unit unless: 17
(a) Entry is permitted by the lease or the tenant otherwise agrees; 18
(b) Entry is under a court order; 19
(c) The tenant has abandoned the unit under Section 33 of this Act; or 20
(d) Permitted by law other than Sections 1 to 61 of this Act. 21
(2) A tenant shall not unreasonably withhold consent for the landlord to enter the 22
dwelling unit to: 23
(a) Inspect the unit; 24
(b) Make a necessary or agreed-to repair, alteration, or improvement; 25
(c) Supply a necessary or agreed-to service; or 26
(d) Exhibit the unit to a prospective or actual purchaser, mortgagee, tenant, 27 UNOFFICIAL COPY 25 RS BR 377
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worker, or contractor or a public official responsible for enforcing a 1
building, housing, fire, or health code or other law. 2
(3) Except as otherwise provided in subsection (4) or (5) of this section, a landlord 3
may enter a dwelling unit only at a reasonable time and with the tenant’s consent 4
and shall give the tenant at least twenty-four (24) hours' notice of the intent to 5
enter the unit. 6
(4) For routine maintenance or pest control, a landlord may enter the dwelling unit 7
without the tenant’s consent if the landlord gives the tenant: 8
(a) At least seventy-two (72) hours' notice of the intent to enter the unit; or 9
(b) A fixed schedule for maintenance or pest control at least seventy-two (72) 10
hours before the first scheduled entry into the unit. 11
(5) In an emergency or when maintenance or repairs are being made at a tenant’s 12
request, the landlord may enter the dwelling unit without the tenant’s consent if 13
the landlord gives notice that is reasonable under the circumstances. If the 14
landlord enters the unit when the tenant is not present and notice was not given, 15
the landlord shall leave notice of the entry in a conspicuous place in the unit 16
stating the fact of entry, the date and time of entry, and the reason for the entry. 17
(6) When notice is given under this section before the landlord enters the unit, the 18
notice must state the intended purpose for the entry and the date and a 19
reasonable period during which the landlord anticipates making the entry. 20
(7) A landlord shall not abuse the right under this section to enter a tenant’s 21
dwelling unit or use the right to harass the tenant. 22
SECTION 36. KRS 383.700 IS REPEALED AND REENACTED AS A NEW 23
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 24
(1) If a tenant unreasonably refuses to allow the landlord access to the dwelling unit, 25
the landlord may recover actual damages or one (1) month’s periodic rent, 26
whichever is greater, and: 27 UNOFFICIAL COPY 25 RS BR 377
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(a) The court may compel the tenant to grant the landlord access to the unit; or 1
(b) The landlord may terminate the lease by giving the tenant notice in a record 2
stating that if the tenant fails to grant the landlord access to the unit not 3
later than fourteen (14) days after the notice, the lease shall terminate on 4
expiration of the fourteen (14) day period or on a later specified date. 5
(2) If a landlord unlawfully enters a tenant’s dwelling unit, lawfully enters but in an 6
unreasonable manner, or makes repeated demands to enter that are otherwise 7
lawful but have the effect of harassing the tenant, the tenant may recover actual 8
damages or one (1) month’s periodic rent, whichever is greater, and may: 9
(a) Seek injunctive relief to prevent the recurrence of the conduct; or 10
(b) Terminate the lease by giving the landlord notice in a record that the lease 11
shall terminate immediately or on a later specified date which is not later 12
than thirty (30) days after notice is given. 13
SECTION 37. KRS 383.695 IS REPEALED AND REENACTED AS A NEW 14
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 15
(1) A periodic tenancy continues until the landlord or tenant gives the other the 16
notice under subsection (2) of this section. 17
(2) Except as otherwise provided in Sections 1 to 61 of this Act, a landlord or tenant 18
may terminate a periodic tenancy: 19
(a) For week-to-week, by giving the other at least five (5) days' notice in a 20
record of the party’s intent to terminate the tenancy on a specified date; and 21
(b) For month-to-month, by giving the other at least one (1) month's notice in a 22
record of the party’s intent to terminate the tenancy at the end of the 23
monthly period. 24
SECTION 38. KRS 383.685 IS REPEALED AND REENACTED AS A NEW 25
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 26
(1) Except as otherwise provided in subsection (2) of this section and subsection 27 UNOFFICIAL COPY 25 RS BR 377
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(1)(b)2. of Section 24 of this Act, if a tenant remains in possession without the 1
landlord’s consent after expiration of a tenancy for a fixed term or termination of 2
a periodic tenancy, the landlord may bring an action for possession. If the 3
tenant’s holdover is willful, the landlord may recover three (3) times the periodic 4
rent or three (3) times the actual damages, whichever is greater. 5
(2) Unless a landlord and tenant otherwise agree in a record, if the tenant remains in 6
possession with the landlord’s consent after expiration of a tenancy for a fixed 7
term, a periodic tenancy for month-to-month arises under the same terms as the 8
expired lease. 9
SECTION 39. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) If a sole tenant under a lease dies before the end of a tenancy for a fixed term or 12
a periodic tenancy, the tenant’s surviving spouse, partner in a civil union, or 13
domestic partner who resides in the dwelling unit may assume the lease by giving 14
the landlord notice in a record not later than twenty (20) days after the tenant’s 15
death stating the intent of the spouse or partner to assume the lease. On assuming 16
the lease, the spouse or partner becomes the tenant under the lease. 17
(2) Except as otherwise provided in this section or law other than Sections 1 to 61 of 18
this Act, a landlord or tenant representative may terminate the lease of a deceased 19
tenant by giving to the other and to a surviving spouse, partner in a civil union, 20
or domestic partner of the tenant who resides in the dwelling unit notice in a 21
record. The notice must state the lease shall terminate on a specified date, which 22
must be at least thirty (30) days after the notice in the case of a tenancy for a 23
fixed term or a specified date consistent with subsection (2) of Section 37 of this 24
Act in the case of a periodic tenancy. Notice sent to a surviving spouse or partner 25
must also state that the surviving spouse or partner has twenty (20) days after 26
receipt of the notice to assume the lease. If the spouse or partner assumes the 27 UNOFFICIAL COPY 25 RS BR 377
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lease, the spouse or partner becomes the tenant under the lease. 1
(3) If a deceased tenant is survived by a spouse, partner in a civil union, or domestic 2
partner who resides in the dwelling unit, notice to terminate a lease under 3
subsection (2) of this section shall not be given before the time specified in 4
subsection (1) of this section expires. 5
(4) If a landlord is unable to contact a deceased tenant’s surviving spouse, partner in 6
a civil union, or domestic partner who resides in the dwelling unit or tenant 7
representative for the purpose of terminating the lease under subsection (2) of 8
this section, the landlord may terminate the lease without notice if rent that was 9
due was not paid for at least twenty-five (25) days. 10
SECTION 40. KRS 383.705 IS REPEALED AND REENACTED AS A NEW 11
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 12
(1) A landlord shall not engage in conduct described in subsection (2) of this section 13
if the landlord’s purpose is to retaliate against a tenant who: 14
(a) Complained to a governmental agency responsible for enforcement of a 15
building, housing, fire, or health code or other law, alleging a violation 16
applicable to the premises materially affecting the health or safety of the 17
tenant or immediate family member; 18
(b) Complained to a governmental agency responsible for enforcement of laws 19
prohibiting discrimination in rental housing; 20
(c) Complained to the landlord of noncompliance with the lease or Section 16 21
of this Act; 22
(d) Organized or became a member of a tenant’s union or similar organization; 23
(e) Exercised or attempted to exercise a right or remedy under the lease, 24
Sections 1 to 61 of this Act, or law other than Sections 1 to 61 of this Act; or 25
(f) Pursued an action or administrative remedy against the landlord or testified 26
against the landlord in court or an administrative proceeding. 27 UNOFFICIAL COPY 25 RS BR 377
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(2) Actions that may constitute retaliatory conduct under subsection (1) of this 1
section include doing or threatening to do any of the following: 2
(a) Increasing the rent or fees; 3
(b) Decreasing services, increasing the tenant’s obligations, imposing different 4
rules on, or selectively enforcing the landlord’s rules against, the tenant or 5
immediate family member, or otherwise materially altering the terms of the 6
lease; 7
(c) Bringing an action for possession on a ground other than nonpayment of 8
rent; 9
(d) Refusing to renew a tenancy for a fixed term under a lease containing a 10
renewal option that is exercisable by the tenant without negotiation with the 11
landlord, for any period after the lease would otherwise terminate; 12
(e) Terminating a periodic tenancy; or 13
(f) Committing a criminal act against the tenant, immediate family member, or 14
guest. 15
(3) A landlord is not liable for retaliation under this section if: 16
(a) The violation of which the tenant complained under subsection (1)(a) or (b) 17
of this section was caused primarily by the tenant, immediate family 18
member, or guest; 19
(b) The tenant’s conduct described in subsection (1) of this section was in an 20
unreasonable manner or at an unreasonable time or was repeated in a 21
manner harassing the landlord; 22
(c) The tenant was in default in the payment of rent at the time notice of the 23
action described in subsection (2)(c) of this section was sent; 24
(d) The tenant, immediate family member, or guest engaged in conduct that 25
threatened the health or safety of another tenant on the premises; 26
(e) The tenant, immediate family member, or guest engaged in a criminal act; 27 UNOFFICIAL COPY 25 RS BR 377
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(f) The landlord is seeking to recover possession based on a notice to terminate 1
the lease and the notice was given to the tenant before the tenant engaged in 2
conduct described in subsection (1) of this section; or 3
(g) The landlord is complying or complied with a building, housing, fire, or 4
health code or other law by making a required repair, alteration, 5
remodeling, or demolition that effectively deprives the tenant of the use and 6
enjoyment of the premises. 7
SECTION 41. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 8
READ AS FOLLOWS: 9
(1) If a landlord’s purpose for engaging in conduct described in subsection (2) of 10
Section 40 of this Act is to retaliate against the tenant for conduct described in 11
subsection (1) of Section 40 of this Act: 12
(a) The tenant has a defense against an action for possession, may recover 13
possession, or may terminate the lease; and 14
(b) The tenant may recover three (3) times the periodic rent or three (3) times 15
the actual damages, whichever is greater. 16
(2) If a tenant terminates a lease under subsection (1) of this section, the landlord 17
shall return any security deposit and unearned rent to which the tenant is entitled 18
under Section 59 of this Act. 19
(3) A tenant’s exercise of a right under this section does not release the landlord 20
from liability under Section 21 of this Act. 21
SECTION 42. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 22
READ AS FOLLOWS: 23
(1) Except as otherwise provided in subsection (2) of this section, evidence that a 24
tenant engaged in conduct described in subsection (1) of Section 40 of this Act 25
within six (6) months before the landlord’s alleged retaliatory conduct creates a 26
rebuttable presumption that the purpose of the landlord’s conduct was retaliation. 27 UNOFFICIAL COPY 25 RS BR 377
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(2) A presumption does not arise under subsection (1) of this section if the tenant 1
engaged in conduct described in subsection (1) of Section 40 of this Act after the 2
landlord gave the tenant notice of the landlord’s intent to engage in conduct 3
described in subsection (2)(a) to (e) of Section 40 of this Act. 4
(3) A landlord may rebut a presumption under subsection (1) of this section by a 5
preponderance of evidence showing that the landlord had sufficient justification 6
for engaging in the conduct that created the presumption and would have 7
engaged in the conduct in the same manner and at the same time whether or not 8
the tenant engaged in conduct described in subsection (1) of Section 40 of this 9
Act. 10
SECTION 43. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 11
READ AS FOLLOWS: 12
If a tenant engages in conduct described in subsection (1)(a) or (e) of Section 40 of this 13
Act knowing there is no factual or legal basis for the conduct, the landlord may recover 14
actual damages and the court may award the landlord up to three (3) times the periodic 15
rent. 16
SECTION 44. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) For purposes of Sections 44 to 46 of this Act, possession of a dwelling unit is 19
relinquished to the landlord when: 20
(a) The tenant vacates the unit at the termination of the tenancy; or 21
(b) The tenant abandons the unit under Section 33 of this Act. 22
(2) If personal property remains on the premises after possession of a dwelling unit is 23
relinquished to the landlord and the landlord and tenant do not agree otherwise 24
at the time of relinquishment, the landlord shall: 25
(a) Subject to subsection (3) of this section, give the tenant notice in a record of 26
the tenant’s right to retrieve the property; and 27 UNOFFICIAL COPY 25 RS BR 377
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(b) Leave the property in the unit or store the property on the premises or in 1
another place of safekeeping and exercise reasonable care in moving or 2
storing the property. 3
(3) The notice required by subsection (2)(a) of this section must be posted at the 4
dwelling unit and: 5
(a) Sent to any forwarding address the tenant provided to the landlord or an 6
address provided under Section 8 of this Act or, if no address is provided, to 7
the address of the unit; 8
(b) Inform the tenant of the right to contact the landlord to claim the property 9
within the period specified in subsection (4) of this section, subject to 10
payment of the landlord’s inventorying, moving, and storage costs; and 11
(c) Provide a telephone number, email address, or mailing address at which the 12
landlord may be contacted. 13
(4) If a tenant contacts the landlord to claim personal property not later than eight 14
(8) days after the landlord gives notice under subsection (2)(a) of this section, the 15
landlord shall permit the tenant to retrieve personal property not later than five 16
(5) days after the date of contact or within a longer period to which the parties 17
agree. 18
(5) A landlord may require the tenant to pay reasonable inventorying, moving, and 19
storage costs before retrieving personal property under subsection (4) of this 20
section. 21
(6) This section does not prohibit a landlord from immediately disposing of 22
perishable food, hazardous material, garbage, and trash or transferring an 23
animal to an animal control officer, humane society, or other person willing to 24
care for the animal. 25
(7) Unless a landlord and tenant otherwise agree, if the tenant fails to contact the 26
landlord or retrieve personal property as provided in subsection (4) of this 27 UNOFFICIAL COPY 25 RS BR 377
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section, the property is deemed abandoned and: 1
(a) If a sale is economically feasible, the landlord shall sell the property and, 2
after deducting the reasonable cost of inventorying, moving, storing, and 3
disposing of the property, shall treat the proceeds as part of the tenant’s 4
security deposit; or 5
(b) If a sale is not economically feasible, the landlord may dispose of the 6
property in any manner the landlord considers appropriate. 7
(8) A landlord that complies with this section is not liable to the tenant or another 8
person for a claim arising from removal of personal property from the premises. 9
(9) A landlord that recovers possession of a dwelling unit under a court order is not 10
required to comply with this section. If a landlord that recovers possession under 11
a court order complies with this section, that landlord is not liable to the tenant or 12
another person for a claim arising from removal of personal property from the 13
premises. 14
SECTION 45. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) If a landlord knows that a tenant who was the sole occupant of the dwelling unit 17
has died, the landlord: 18
(a) Shall notify a tenant representative of the death; 19
(b) Shall give the representative access to the premises at a reasonable time to 20
remove any personal property from the unit and other personal property of 21
the tenant elsewhere on the premises; 22
(c) May require the representative to prepare and sign an inventory of the 23
property being removed; and 24
(d) Shall pay the representative the deceased tenant's security deposit and 25
unearned rent to which the tenant otherwise would have been entitled under 26
Section 59 of this Act. 27 UNOFFICIAL COPY 25 RS BR 377
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(2) A contact person or heir accepts appointment as a tenant representative by 1
exercising authority under Sections 1 to 61 of this Act or other assertion or 2
conduct indicating acceptance. 3
(3) The authority of a contact person or heir to act under Sections 1 to 61 of this Act 4
terminates when the person, heir, or landlord knows that a personal 5
representative has been appointed for the deceased tenant’s estate. 6
(4) A landlord that complies with this section is not liable to the tenant’s estate or 7
another person for unearned rent, a security deposit, or a claim arising from 8
removal of personal property from the premises. 9
(5) A landlord that willfully violates subsection (1) of this section is liable to the 10
estate of the deceased tenant for actual damages. 11
(6) In addition to the rights provided in this section, a tenant representative has the 12
deceased tenant’s rights and responsibilities under Section 44 of this Act. 13
SECTION 46. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) If a landlord knows of the death of a tenant who, at the time of death, was the 16
sole occupant of the dwelling unit, and the landlord terminates the lease under 17
subsection (4) of Section 39 of this Act because the landlord is unable to contact a 18
tenant representative, the landlord: 19
(a) Shall mail notice to the tenant at the tenant’s last-known address or other 20
address of the tenant known to the landlord and to any person the tenant 21
has told the landlord to contact in the case of an emergency stating: 22
1. The name of the tenant and address of the dwelling unit; 23
2. The approximate date of the tenant’s death; 24
3. That, if the personal property on the premises is not claimed within 25
sixty (60) days after the notice was sent, the property is subject to 26
disposal by the landlord; and 27 UNOFFICIAL COPY 25 RS BR 377
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4. The landlord’s name, telephone number, and mail or email address at 1
which the landlord may be contacted to claim the property; and 2
(b) With the exercise of reasonable care, may leave the property in the dwelling 3
unit or inventory the property and store it on the premises or in another 4
place of safekeeping. 5
(2) If a tenant representative is subsequently identified, the representative may 6
retrieve the deceased tenant’s personal property from the landlord not later than 7
sixty (60) days after the notice under subsection (1) of this section. The landlord 8
may require the representative to pay the reasonable inventorying, moving, and 9
storage costs before retrieving the property. 10
(3) If a deceased tenant’s personal property is not retrieved within the time specified 11
in subsection (2) of this section, the landlord may dispose of the property in 12
compliance with subsection (7) of Section 44 of this Act. 13
(4) A landlord that complies with this section is not liable to the tenant’s estate or 14
another person for a claim arising from removal of personal property from the 15
premises. 16
SECTION 47. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 17
READ AS FOLLOWS: 18
As used in Sections 47 to 55 of this Act: 19
(1) "Attesting third party" means a law enforcement official, licensed health care 20
professional, victim advocate, or victim services provider; 21
(2) "Dating violence" has the same meaning as dating violence and abuse in KRS 22
456.010; 23
(3) "Domestic violence" has the same meaning as domestic violence and abuse in 24
KRS 403.720; 25
(4) "Perpetrator" means an individual who commits an act of domestic violence, 26
dating violence, stalking, or sexual assault on a tenant or immediate family 27 UNOFFICIAL COPY 25 RS BR 377
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member; 1
(5) "Sexual assault" means conduct prohibited as any degree of rape, sodomy, or 2
sexual abuse under KRS Chapter 510 or incest under KRS 530.020; 3
(6) "Stalking" has the same meaning as stalk in KRS 508.130; 4
(7) "Victim advocate" means an individual, whether paid or serving as a volunteer, 5
who provides services to victims of domestic violence, dating violence, stalking, or 6
sexual assault under the auspices or supervision of a victim services provider, 7
court, or law-enforcement or prosecution agency; and 8
(8) "Victim services provider" means a person that assists victims of domestic 9
violence, dating violence, stalking, or sexual assault. The term includes a rape 10
crisis center, domestic violence shelter, or faith-based organization or other 11
organization with a history of work concerning domestic violence, dating 12
violence, stalking, or sexual assault. 13
SECTION 48. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 14
READ AS FOLLOWS: 15
(1) Subject to subsection (5) of this section, if a victim of an act of domestic violence, 16
dating violence, stalking, or sexual assault is a tenant or immediate family 17
member and has a reasonable fear of suffering psychological harm or a further 18
act of domestic violence, dating violence, stalking, or sexual assault if the victim 19
continues to reside in the dwelling unit, the tenant, without the necessity of the 20
landlord’s consent, is released from the lease if the tenant gives the landlord a 21
notice that complies with subsection (2) of this section and: 22
(a) A copy of a court order that restrains a perpetrator from contact with the 23
tenant or immediate family member; 24
(b) Evidence of the conviction or adjudication of a perpetrator for an act of 25
domestic violence, dating violence, stalking, or sexual assault against the 26
tenant or immediate family member; or 27 UNOFFICIAL COPY 25 RS BR 377
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(c) A verification that complies with Section 50 of this Act. 1
(2) To be released from a lease under subsection (1) of this section, the tenant must 2
give the landlord notice in a record which: 3
(a) States the tenant’s intent to be released from the lease on a date which must 4
be at least thirty (30) days from the date of the notice or, if the perpetrator is 5
a cotenant of the dwelling unit, an earlier date; 6
(b) States facts giving rise to the fear of psychological harm or suffering a 7
further act of domestic violence, dating violence, stalking, or sexual assault 8
if the victim continues to reside in the unit; and 9
(c) Is given to the landlord: 10
1. Not later than ninety (90) days after an act of domestic violence, 11
dating violence, stalking, or sexual assault against the tenant or 12
immediate family member; 13
2. When a court order exists that restrains a perpetrator from contact 14
with the tenant or immediate family member because of an act of 15
domestic violence, dating violence, stalking, or sexual assault; or 16
3. If the perpetrator was incarcerated, not later than ninety (90) days 17
after the tenant acquired knowledge that the perpetrator is no longer 18
incarcerated. 19
(3) If there is only one (1) individual tenant of the dwelling unit: 20
(a) A release under subsection (1) of this section terminates the lease on the 21
date specified in the notice under subsection (2) of this section if the tenant 22
vacates the dwelling unit on or before that date; and 23
(b) The tenant is not liable for rent accruing after the lease terminates or other 24
actual damages resulting from termination of the lease, but the tenant 25
remains liable to the landlord for rent and other amounts owed to the 26
landlord before termination of the lease. 27 UNOFFICIAL COPY 25 RS BR 377
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(4) If there are multiple individual tenants of the dwelling unit: 1
(a) The tenant who gave notice under subsection (2) of this section is released 2
from the lease as of the date specified in the notice if the tenant vacates the 3
dwelling unit on or before the specified date, but the release of one (1) 4
tenant under this section does not terminate the lease with respect to other 5
tenants; 6
(b) The tenant released from the lease is not liable to the landlord or any other 7
person for rent accruing after the tenant’s release or actual damages 8
resulting from the tenant’s release; 9
(c) Any other tenant under the lease may recover from the perpetrator actual 10
damages resulting from the termination; and 11
(d) The landlord is not required to return to the tenant released from the lease 12
or a remaining tenant any security deposit or unearned rent to which the 13
tenant is otherwise entitled under Section 59 of this Act until the lease 14
terminates with respect to all tenants. 15
(5) This section does not apply if a tenant seeking the release from the lease is a 16
perpetrator. 17
SECTION 49. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 18
READ AS FOLLOWS: 19
If a tenant is released from a lease under Section 48 of this Act, the landlord: 20
(1) Except as otherwise provided in subsection (4)(d) of Section 48 of this Act, shall 21
return any security deposit and unearned rent to which the tenant is entitled 22
under Section 59 of this Act after the tenant vacates the dwelling unit; 23
(2) Shall not assess a fee or penalty against the tenant for exercising a right granted 24
under Section 48 of this Act; and 25
(3) Shall not disclose information required to be reported to the landlord under 26
Section 48 of this Act unless: 27 UNOFFICIAL COPY 25 RS BR 377
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(a) The tenant provides specific, time-limited, and contemporaneous consent to 1
the disclosure in a record signed by the tenant; or 2
(b) The information is required to be disclosed by a court order or law other 3
than Sections 1 to 61 of this Act. 4
SECTION 50. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) A verification given by a tenant under subsection (1)(c) of Section 48 of this Act 7
shall be under oath and include: 8
(a) From the tenant: 9
1. The tenant’s name and the address of the dwelling unit; 10
2. The approximate dates on which an act of domestic violence, dating 11
violence, stalking, or sexual assault occurred; 12
3. The approximate date of the most recent act of domestic violence, 13
dating violence, stalking, or sexual assault; 14
4. A statement that because of an act of domestic violence, dating 15
violence, stalking, or sexual assault, the tenant or immediate family 16
member has a reasonable fear that the tenant or family member will 17
suffer psychological harm or a further act of domestic violence, dating 18
violence, stalking, or sexual assault if the tenant or family member 19
continues to reside in the unit; and 20
5. A statement that the representations in the verification are true and 21
accurate to the best of the tenant’s knowledge and the tenant 22
understands that the verification could be used as evidence in court; 23
and 24
(b) From an attesting third party: 25
1. The name, business address, and business telephone number of the 26
party; 27 UNOFFICIAL COPY 25 RS BR 377
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2. The capacity in which the party received the information regarding 1
the act of domestic violence, dating violence, stalking, or sexual 2
assault; 3
3. A statement that the party has read the tenant’s verification and been 4
advised by the tenant that the tenant or immediate family member is 5
the victim of an act of domestic violence, dating violence, stalking, or 6
sexual assault and has a reasonable fear that the tenant or family 7
member will suffer psychological harm or a further act of domestic 8
violence, dating violence, stalking, or sexual assault if the tenant or 9
family member continues to reside in the dwelling unit; and 10
4. A statement that the party, based on the tenant’s verification, believes 11
the tenant and understands that the verification may be used as the 12
ground for releasing the tenant from a lease or terminating the 13
tenant’s interest under the lease. 14
(2) If a verification given to a landlord by a tenant under subsection (1)(c) of Section 15
48 of this Act contains a representation of a material fact known by the tenant to 16
be false, the landlord may recover an amount not to exceed three (3) times the 17
periodic rent or three (3) times actual damages, whichever is greater. 18
SECTION 51. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 19
READ AS FOLLOWS: 20
(1) A landlord may recover from a perpetrator actual damages resulting from a 21
tenant’s exercise of a right under Section 48 of this Act and, if the perpetrator is a 22
party to the lease who remains in possession of the dwelling unit, hold the 23
perpetrator liable on the lease for all obligations under the lease or Sections 1 to 24
61 of this Act. 25
(2) A perpetrator shall not recover actual damages or other relief resulting from the 26
exercise of a right by a tenant under Section 48 of this Act or a landlord under 27 UNOFFICIAL COPY 25 RS BR 377
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this section. 1
SECTION 52. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 2
READ AS FOLLOWS: 3
(1) Subject to subsections (2) and (3) of this section, if a tenant or immediate family 4
member is a victim of an act of domestic violence, dating violence, stalking, or 5
sexual assault and the tenant has a reasonable fear that the perpetrator or other 6
person acting on the perpetrator’s behalf may attempt to gain access to the 7
dwelling unit, the tenant, without the landlord’s consent, may cause the locks or 8
other security devices for the unit to be changed or rekeyed in a professional 9
manner and shall give a key or other means of access for the new locks or 10
security devices to the landlord and any other tenant, other than the perpetrator, 11
that is a party to the lease. 12
(2) If locks or other security devices are changed or rekeyed under subsection (1) of 13
this section, the landlord may change or rekey them, at the tenant’s expense, to 14
ensure compatibility with the landlord’s master key or other means of access or 15
otherwise accommodate the landlord’s reasonable commercial needs. 16
(3) If a perpetrator is a party to the lease, locks or other security devices shall not be 17
changed or rekeyed under subsection (1) of this section unless a court order, 18
other than an ex parte order, expressly requires that the perpetrator vacate the 19
dwelling unit or restrains the perpetrator from contact with the tenant or 20
immediate family member and a copy of the order has been given to the landlord. 21
(4) A perpetrator shall not recover actual damages or other relief against a landlord 22
or tenant resulting from the exercise of a right by the landlord or tenant under 23
this section. 24
SECTION 53. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 25
READ AS FOLLOWS: 26
(1) On issuance of a court order requiring a perpetrator to vacate a dwelling unit 27 UNOFFICIAL COPY 25 RS BR 377
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because of an act of domestic violence, dating violence, stalking, or sexual 1
assault, other than an ex parte order, neither the landlord nor tenant has a duty 2
to: 3
(a) Allow the perpetrator access to the unit unless accompanied by a law 4
enforcement officer; or 5
(b) Provide the perpetrator with any means of access to the unit. 6
(2) If a perpetrator is a party to the lease, on issuance of a court order requiring the 7
perpetrator to vacate the dwelling unit, other than an ex parte order, the 8
perpetrator’s interest under the lease terminates, and the landlord and any 9
remaining tenant may recover from the perpetrator actual damages resulting 10
from the termination. 11
(3) Termination of a perpetrator’s interest under a lease under this section does not 12
terminate the interest of any other tenant under the lease or alter the obligations 13
of any other tenant under the lease. 14
(4) A landlord is not required to return to a perpetrator whose interest under the 15
lease terminates under this section or to any remaining tenant any security 16
deposit or unearned rent until the lease terminates with respect to all tenants. 17
SECTION 54. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 18
READ AS FOLLOWS: 19
(1) If a landlord has a reasonable belief that a tenant or immediate family member is 20
the victim of an act of domestic violence, dating violence, stalking, or sexual 21
assault and another tenant of the same landlord who resides in the same building 22
as the tenant is the perpetrator, the landlord may terminate the perpetrator’s 23
interest in the lease by giving the perpetrator notice in a record that the 24
perpetrator’s interest will terminate immediately or on a later specified date, 25
which is not later than thirty (30) days after notice is given. The notice must state 26
that the landlord has a reasonable belief that the perpetrator has committed an 27 UNOFFICIAL COPY 25 RS BR 377
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act of domestic violence, dating violence, stalking, or sexual assault and the 1
approximate date of the act. 2
(2) Before giving notice to a perpetrator under subsection (1) of this section, the 3
landlord shall give notice of the landlord’s intent to terminate the perpetrator’s 4
interest to the tenant who was the victim of the act of domestic violence, dating 5
violence, stalking, or sexual assault or whose immediate family member was the 6
victim. This notice may be given by any means reasonably calculated to reach the 7
tenant, including oral communication, notice in a record, or notice sent to the 8
tenant at any other address at which the landlord reasonably believes the tenant 9
is located. 10
(3) Failure of a tenant to receive the notice of the landlord’s intent to terminate the 11
perpetrator’s interest under subsection (2) of this section does not affect the 12
landlord’s right to terminate under this section or expose the landlord to any 13
liability. 14
(4) If a landlord terminates a perpetrator’s interest under a lease under this section, 15
any other tenant under the lease may recover from the perpetrator actual 16
damages resulting from the termination. 17
(5) Termination of a perpetrator’s interest under a lease under this section does not 18
terminate the interest of any other tenant under the lease or alter the obligations 19
of any other tenant under the lease. 20
(6) A landlord is not required to return to a perpetrator whose interest under a lease 21
is terminated under this section or to any other tenant under the lease any 22
security deposit or unearned rent until the lease terminates with respect to all 23
tenants. 24
(7) In an action between a landlord and tenant involving the right of the landlord to 25
terminate the tenant’s interest under this section, the landlord must prove by a 26
preponderance of the evidence that the landlord had a reasonable belief that the 27 UNOFFICIAL COPY 25 RS BR 377
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tenant was a perpetrator. 1
SECTION 55. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 2
READ AS FOLLOWS: 3
(1) As used in this section, "tenant" includes an applicant seeking to enter into a 4
lease with a landlord. 5
(2) Except as otherwise provided in subsections (4) and (5) of this section, a landlord 6
shall not do or threaten to do any act in subsection (2) of Section 40 of this Act if 7
the landlord’s purpose for engaging in the conduct is that: 8
(a) An act of domestic violence, dating violence, stalking, or sexual assault 9
committed against the tenant or immediate family member resulted in a 10
violation of the lease or Sections 1 to 61 of this Act by the tenant; or 11
(b) A complaint of an act of domestic violence, dating violence, stalking, or 12
sexual assault committed against the tenant or immediate family member 13
resulted in a law enforcement or emergency response. 14
(3) Except as otherwise provided in subsection (4) of this section, a landlord shall not 15
refuse or threaten to refuse to rent a dwelling unit if the landlord’s purpose for 16
the refusal or threat is that a tenant or an immediate family member is or has 17
been the victim of an act of domestic violence, dating violence, stalking, or sexual 18
assault. 19
(4) Evidence that any of the events described in subsection (2) or (3) of this section 20
occurred within six (6) months before the landlord’s conduct creates a 21
presumption that the purpose of the landlord’s conduct was retaliation. The 22
landlord may rebut the presumption by a preponderance of evidence showing that 23
the landlord had sufficient justification for engaging in the conduct described in 24
subsection (2) or (3) of this section and would have engaged in the conduct in the 25
same manner and at the same time regardless whether the events described in 26
subsection (2) or (3) of this section occurred. 27 UNOFFICIAL COPY 25 RS BR 377
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(5) A landlord may terminate the lease of a tenant by giving the tenant notice in a 1
record that the lease will terminate on a date specified in the notice, which must 2
be at least thirty (30) days after notice is given if: 3
(a) Without the landlord’s permission, the tenant invited a perpetrator onto the 4
premises or allowed a perpetrator to occupy the dwelling unit: 5
1. After the landlord gave the tenant notice in a record to refrain from 6
inviting the perpetrator onto the premises; or 7
2. During a time the tenant knows the perpetrator is subject to a no-8
contact court order or a court order barring the perpetrator from the 9
premises; and 10
(b) The landlord demonstrates that: 11
1. There is an actual and imminent threat to the health or safety of any 12
individual on the premises, the landlord, or the landlord’s agent if the 13
lease is not terminated; or 14
2. The perpetrator has damaged the premises. 15
(6) If a landlord willfully violates subsection (2) or (3) of this section, the tenant or 16
prospective tenant may recover three (3) times the periodic rent or three (3) times 17
actual damages, whichever is greater, and: 18
(a) Terminate the lease; 19
(b) Defend an action for possession on the ground that the landlord violated 20
subsection (2) of this section; or 21
(c) Obtain appropriate injunctive relief. 22
SECTION 56. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) As used in Sections 56 to 60 of this Act, "bank account" means a checking, 25
demand, time, savings, passbook, or similar account maintained at a bank. 26
(2) Except as otherwise provided in subsections (3) and (4) of this section, a landlord 27 UNOFFICIAL COPY 25 RS BR 377
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shall not require the tenant to pay or agree to pay a security deposit, prepaid rent, 1
or any combination thereof, in an amount that exceeds two (2) times the periodic 2
rent. 3
(3) The limit established in subsection (2) of this section does not include the first 4
month’s rent or fees. 5
(4) Except as otherwise provided by law other than Sections 1 to 61 of this Act, if a 6
tenant keeps a pet on the premises or is permitted by the lease to make alterations 7
to the premises, the landlord may require the tenant to pay an additional security 8
deposit in an amount commensurate with the additional risk of damage to the 9
premises. 10
SECTION 57. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 11
READ AS FOLLOWS: 12
(1) The following apply to a landlord’s interest in a security deposit: 13
(a) The landlord’s interest is limited to a security interest; 14
(b) Notwithstanding law other than Sections 1 to 61 of this Act, the landlord’s 15
security interest is effective against and has priority over each creditor of 16
and transferee from the tenant; and 17
(c) Subject to subsection (3) of this section, a creditor of and transferee from 18
the landlord can acquire no greater interest in a security deposit than the 19
interest of the landlord. 20
(2) The following shall apply to a tenant’s interest in a security deposit: 21
(a) Notwithstanding law other than Sections 1 to 61 of this Act, the tenant’s 22
interest has priority over any right of setoff the bank in which the account is 23
maintained may have for obligations owed to the bank other than charges 24
normally associated with the bank’s maintenance of the account; 25
(b) The tenant’s interest is not adversely affected if the deposit is commingled 26
with the deposits of other tenants; and 27 UNOFFICIAL COPY 25 RS BR 377
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(c) The effect of commingling other than that allowed in paragraph (b) of this 1
subsection is determined by law other than Sections 1 to 61 of this Act. 2
(3) Subsection (1)(c) of this section does not abrogate generally applicable rules of 3
law enabling a transferee of funds to take the funds free of competing claims. 4
SECTION 58. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) With respect to funds constituting a security deposit, a landlord: 7
(a) Shall maintain the ability to identify the funds: 8
1. By holding the funds in a bank account that is used exclusively for 9
security deposits, that is maintained with a bank doing business in this 10
state, and the title of which indicates that it contains security deposits; 11
and 12
2. By maintaining records that indicate at all times the amount of the 13
funds attributable to each tenant whose funds are being held in the 14
account; and 15
(b) May commingle the funds received from other tenants as security deposits 16
in the same bank account but shall not commingle other funds, including 17
the landlord’s personal or business funds, in the account. 18
(2) If a landlord fails to comply with subsection (1) of this section, the tenant may 19
recover actual damages or damages equal to one (1) times the periodic rent, 20
whichever is greater. 21
(3) A bank in which a landlord deposits funds constituting a security deposit has no 22
duty to ensure that the landlord properly applies the funds. 23
(4) Unless a lease provides otherwise, the landlord is not required to deposit a 24
security deposit into an interest-bearing account or to pay the tenant interest on 25
the deposit. 26
SECTION 59. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 27 UNOFFICIAL COPY 25 RS BR 377
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READ AS FOLLOWS: 1
(1) After termination of a lease, the tenant is entitled to the amount by which the 2
security deposit and any unearned rent exceeds the amount the landlord is owed 3
under the lease or Sections 1 to 61 of this Act. 4
(2) Not later than thirty (30) days after a lease terminates and the tenant vacates the 5
premises, the landlord shall determine the amount the landlord believes the 6
tenant is entitled to under subsection (1) of this section and: 7
(a) Tender that amount to the tenant or, if the tenant has died, the tenant 8
representative; 9
(b) Send that amount by first-class mail, postage prepaid, to an address 10
provided by the tenant or, if the tenant has died, the tenant representative 11
or, in the absence of that address, to the relevant address specified in 12
Section 8 of this Act; or 13
(c) Cause a funds transfer in that amount to be made, with the cost of transfer 14
paid, to a bank account designated by the tenant or, if the tenant has died, 15
the tenant's representative. 16
(3) If the amount under subsection (2) of this section is less than the sum of the 17
tenant’s security deposit and any unearned rent, the landlord shall provide the 18
tenant or tenant representative, within the period specified under subsection (2) 19
of this section, a record specifying each item of property damage or other 20
unfulfilled obligation of the tenant to which the security deposit or unearned rent 21
was applied and the amount applied to each item. 22
(4) If the amount to which the tenant is entitled under subsection (1) of this section is 23
greater than the amount paid to the tenant or tenant representative, the tenant or 24
tenant representative may recover the difference. 25
(5) If a landlord fails to comply with subsection (2) or (3) of this section, the court 26
may award the tenant or tenant's representative, in addition to any amount 27 UNOFFICIAL COPY 25 RS BR 377
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recoverable under subsection (4) of this section, two hundred fifty dollars ($250) 1
or two (2) times the amount recoverable under subsection (4) of this section, 2
whichever is greater, unless the landlord’s only noncompliance was the failure to 3
comply with subsection (2)(b) of this section as a result of the inadvertent failure 4
to pay the cost of postage or transmission or to use the proper address. 5
(6) If a security deposit and unearned rent held by a landlord are insufficient to 6
satisfy the tenant’s obligations under the lease and Sections 1 to 61 of this Act, 7
the landlord may recover from the tenant the amount necessary to satisfy those 8
obligations. 9
SECTION 60. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) When a landlord’s interest in the premises terminates, the landlord shall: 12
(a) If the lease continues, not later than thirty (30) days after the termination of 13
the landlord’s interest, transfer to the person succeeding the landlord’s 14
interest in the premises any security deposit being held by the landlord and 15
notify the tenant in a record of the successor’s name and address, the 16
amount transferred, and any claim previously made against the security 17
deposit; or 18
(b) If the lease terminates as a result of the termination of the landlord’s 19
interest, comply with Section 59 of this Act. 20
(2) If a landlord dies before the termination of the lease, the personal representative 21
of the landlord’s estate becomes the landlord until the premises are distributed to 22
the successor. If the premises are distributed to the successor before the 23
termination of the lease, the security deposit held by the representative must be 24
transferred to the successor and the representative shall notify the tenant in a 25
record of the successor’s name and address, the amount transferred to the 26
successor, and any claim previously made against the security deposit. If the 27 UNOFFICIAL COPY 25 RS BR 377
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premises are not distributed to the successor before the termination of the lease, 1
the representative shall comply with Section 59 of this Act. 2
(3) If a landlord or personal representative of the landlord’s estate complies with 3
subsection (1) or (2) of this section, the landlord or the estate has no further 4
liability with respect to the security deposit. 5
(4) Except as otherwise provided in subsection (5) of this section, a successor to a 6
landlord’s interest in the premises has all rights and obligations of the landlord 7
under Sections 1 to 61 of this Act with respect to any security deposit held by the 8
predecessor landlord which has not been returned to the tenant, whether or not 9
the security deposit was transferred or distributed to the successor. 10
(5) If a landlord’s interest is terminated by foreclosure, the successor’s liability 11
under subsection (4) of this section is limited to the security deposit received by 12
the successor. 13
SECTION 61. KRS 383.715 IS REPEALED AND REENACTED AS A NEW 14
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 15
Sections 1 to 61 of this Act may be cited as the Uniform Residential Landlord and 16
Tenant Act. 17
Section 62. The following KRS sections are repealed: 18
383.300 Protections for person with rental or lease agreement who is protected by 19
domestic violence order or interpersonal protective order. 20
383.302 Prohibited inclusion in rental or lease agreement of authority to terminate on 21
the basis of tenant's request for assistance in emergencies. 22
383.500 Local governments authorized to adopt provisions of the Uniform Residential 23
Landlord and Tenant Act in their entirety and without amendment. 24
383.505 Purposes -- Policies. 25
383.515 Construction. 26
383.525 Settlement of disputed claim or right. 27 UNOFFICIAL COPY 25 RS BR 377
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383.540 Jurisdiction -- Service of process. 1
383.580 Security deposits. 2
383.620 Tenant's use and occupancy. 3
383.665 Tenant's failure to maintain. 4
Section 63. This Act shall apply only to a lease made on or after the effective 5
date of this Act. 6