AN ACT relating to rights and obligations of landlords and tenants to a residential lease.

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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 KRS 383.545 IS REPEALED AND REENACTED AS A NEW 4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": 10
(a) Means compensation for direct, consequential, or incidental injuries or 11
losses; and 12
(b) Includes amounts payable to a landlord or tenant under the lease for a 13
violation of the lease and diminution in the value of a dwelling unit; 14
(3) "Bank": 15
(a) Means an o rganization that engages in the business of banking and is 16
federally insured; and 17
(b) Includes a savings bank, savings and loan association, credit union, and 18
trust company; 19
(4) "Building, housing, fire, or health code" includes any law concerning fitness for 20
habitation or the construction, maintenance, operation, occupancy, use, or 21
appearance of the premises; 22
(5) "Contact person" means a person designated by a tenant under subsection (2) of 23
Section 8 of this Act; 24
(6) "Criminal act" or "criminal activity" means: 25
(a) The manufacture, sale, distribution, use, or possession of a controlled 26
substance on or in the vicinity of the premises which is criminal under state 27
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or federal law; or 1
(b) Activity that is criminal under state or federal law and threatens the h ealth 2
or safety of an individual on the premises or the landlord or landlord’s 3
agent on or off the premises; 4
(7) "Diminution in the value of a dwelling unit" means a reduction from rent which 5
reflects the extent to which a noncompliant condition of the pre mises impairs the 6
tenant’s use and enjoyment of the unit, as determined by a court based on 7
evidence that need not include expert testimony; 8
(8) "Dwelling unit": 9
(a) Means property leased to a tenant for use as a home, residence, or sleeping 10
place by an in dividual or two (2) or more individuals who maintain a 11
common household, regardless of their relationship to each other; and 12
(b) Includes: 13
1. A single family residence, together with fixtures and appurtenances, 14
the land on which it is located, and any othe r structure on the land; 15
and 16
2. A structure or part of a structure in which the tenant resides, together 17
with fixtures and appurtenances, and any other area of the land on 18
which the structure is located to which the tenant is given an exclusive 19
right of possession during the term of the lease, including a designated 20
parking space or storage area; 21
(9) "Electronic" means relating to technology having electrical, digital, magnetic, 22
wireless, optical, electromagnetic, or similar capability; 23
(10) "Essential service": 24
(a) Means heat, hot and cold running water, sewage or septic disposal, and 25
electricity; and 26
(b) Includes gas or air conditioning if required to be supplied to a tenant by the 27
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lease, state law, or local ordinance which, if not supplied to the tenant, 1
would create a serious threat to the health, safety, or property of the tenant 2
or immediate family member; 3
(11) "Fees": 4
(a) Means amounts payable by a tenant to a landlord which the landlord has no 5
obligation to account for or return to the tenant; and 6
(b) Does not include rent or a security deposit; 7
(12) "Funds" means money, checks, bank account credits, certificates of deposit, or 8
the like; 9
(13) "Good faith" means honesty in fact and the observance of reasonable 10
commercial standards of fair dealing; 11
(14) "Guest" means an individual, other than the landlord or landlord’s agent, invited 12
on the premises by a tenant or immediate family member; 13
(15) "Immediate family member" means any of the following who habitually reside in 14
a dwelling unit with a tenant: 15
(a) An individual related to the tenant by blood, adoption, marriage, civil union, 16
or domestic partnership; 17
(b) An individual having an intimate relationship with the tenant; or 18
(c) A foster child, stepchild, or ward of the tenant; 19
(16) "Landlord" means: 20
(a) The owner of a dwelling unit rented to a tenant; 21
(b) A successor in interest to the landlord; 22
(c) A sublessor, only if the landlord did not consent to the sublease; and 23
(d) A person that manages the unit or enters a lease on behalf of the owner of 24
the unit and fails to comply with subsection (3) or (4) of Section 7 of this 25
Act, except with respect to events occurring after: 26
1. The tenant is given notice in a record that complies with subsection (3) 27
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or (4) of Section 7 of this Act; or 1
2. The date of te rmination of the person’s authority to act on behalf of 2
the owner if that authority is terminated; 3
(17) "Law" includes federal or state statutes, case law, administrative action, and 4
legislative acts of local governments; 5
(18) "Lease": 6
(a) Means a contract , oral or in a record, between a landlord and tenant in 7
which the landlord rents a dwelling unit to the tenant for a tenancy for a 8
fixed term or a periodic tenancy; and 9
(b) Includes an amendment to the lease, rules adopted by the landlord which 10
were disclosed to the tenant under subsection (2)(d) of Section 7 of this Act, 11
and, subject to Section 18 of this Act, rules adopted by the landlord after 12
commencement of the term of the lease; 13
(19) "Notice in a record" means notice that complies with subsection (2) of Section 6 14
of this Act; 15
(20) "Owner" means a person vested with all or part of: 16
(a) Legal title to the premises; or 17
(b) Beneficial ownership and a right to present use and enjoyment of the 18
premises; 19
(21) "Periodic rent" means the amount payable each mon th under a tenancy for a 20
fixed term or a periodic tenancy for month -to-month or payable each week under 21
a periodic tenancy for week -to-week. If rent is payable annually, periodic rent is 22
the amount of the annual rent divided by twelve (12); 23
(22) "Periodic tenancy" means a tenancy created under a lease or arising by 24
operation of law for either month-to-month or week-to-week; 25
(23) "Person" means an individual, estate, trust, business or nonprofit entity, public 26
corporation, government or governmental subdivis ion, agency, or 27
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instrumentality, or other legal entity; 1
(24) "Premises": 2
(a) Means a dwelling unit and, to the extent owned by the landlord, any 3
structure of which the unit is a part; and 4
(b) Includes any area and structure owned by the landlord which is a ssociated 5
with the structure in which the dwelling unit is located and held out by the 6
landlord for the use of tenants generally; 7
(25) "Prepaid rent" means rent paid to a landlord before the first day of the rental 8
period to which it is to be applied; 9
(26) "Record" means information that is inscribed on a tangible medium or that is 10
stored in an electronic or other medium and is retrievable in perceivable form; 11
(27) "Rent": 12
(a) Used as a noun, means a payment for the right to possession of a dwelling 13
unit; and 14
(b) Does not include a security deposit or fees; 15
(28) "Repairs" includes remediations; 16
(29) "Security deposit": 17
(a) Means funds provided to a landlord to secure payment or performance of a 18
tenant’s obligations under a lease or Sections 1 to 61 of this Act and the 19
identifiable proceeds of the funds, however denominated; and 20
(b) Does not include rent or fees; 21
(30) "Security interest" means an interest in personal property whic h secures 22
payment or performance of a tenant’s obligations under a lease or Sections 1 to 23
61 of this Act; 24
(31) "Sign" means, with present intent to authenticate or adopt a record: 25
(a) To execute or adopt a tangible symbol; or 26
(b) To attach to or logically associate with the record an electronic symbol, 27
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sound, or process. 1
As used in this subsection, "symbol" includes an email address or other 2
identifying header; 3
(32) "State" means a state of the United States, the District of Columbia, Puerto Rico, 4
the United States Virgin Islands, or any territory or insular possession subject to 5
the jurisdiction of the United States; 6
(33) "Tenancy for a fixed term" means a tenancy under a lease for a fixed or 7
computable period, regardless of the length of the period; 8
(34) "Tenant" means: 9
(a) A person that is a party to a lease of a dwelling unit and is entitled to 10
possession of the unit; 11
(b) An assignee or sublessee of a person described in paragraph (a) of this 12
subsection which has possession of the unit with the landlord ’s consent; 13
and 14
(c) An individual authorized to occupy the unit by a person described in 15
paragraph (a) or (b) of this subsection that is not an individual; 16
(35) "Tenant representative" means: 17
(a) A personal representative of a deceased tenant’s estate; or 18
(b) Before the appointment of a personal representative, a contact person, or in 19
the absence of a contact person, a person the landlord reasonably believes 20
to be an heir of the tenant under the applicable intestate succession law; 21
(36) "Unearned rent": 22
(a) Means rent, including prepaid rent, that a tenant paid to a landlord for the 23
right to possession of the dwelling unit for any period after the date the 24
lease terminates in accordance with its terms or Sections 1 to 61 of this Act; 25
and 26
(b) Does not include an amount, including rent, owed to the landlord for a 27
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period before or after the date the lease terminates during which the tenant 1
is in physical possession of the premises; and 2
(37) "Willful" or "willfully" means the intentional performance of an act the actor 3
knows to be prohibited by Sections 1 to 61 of this Act or a lease, intentional 4
failure to perform an act the actor knows to be required by Sections 1 to 61 of this 5
Act or the lease, or deliberate indifference to whether the performance or failure 6
to perform violates Sections 1 to 61 of this Act or the lease. 7
SECTION 2. KRS 383.535 IS REPEALED AND REENACTED AS A NEW 8
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 9
(1) As used in this section: 10
(a) "Occupancy as a vacat ion rental" means occupancy that has the following 11
characteristics: 12
1. The tenant rents the dwelling unit for vacation purposes only and has 13
a principal residence other than the unit; 14
2. The unit is furnished with personal property necessary to make the 15
unit ready for immediate occupancy by the tenant; and 16
3. The occupancy does not exceed thirty (30) consecutive days; and 17
(b) "Transient occupancy" means occupancy in a room or suite of roo ms 18
which has the following characteristics: 19
1. The cost of occupancy is charged on a daily basis; 20
2. The operator of the room or suite provides housekeeping and linen 21
service as part of the regularly charged cost of occupancy; and 22
3. The occupancy does not exceed thirty (30) consecutive days. 23
(2) Except as otherwise provided in subsection (3) of this section, Sections 1 to 61 of 24
this Act apply to a lease of a dwelling unit in this Commonwealth. 25
(3) The following arrangements are not governed by Sections 1 to 61 of this Act: 26
(a) Residence at a public or private facility, if incidental to detention or the 27
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provision of medical, mental health, geriatric, counseling, educational, 1
religious, disability, personal safety, or similar service; 2
(b) Occupancy under a contract of sale of, or an option to purchase, a dwelling 3
unit or the building of which it is a part, if the occupant is the purchaser or 4
optionee or an individual who has succeeded to the interest of the purchaser 5
or optionee; 6
(c) Occupancy by a member of a fraternal or social organization in a part of a 7
structure operated for the benefit of the organization; 8
(d) Transient occupancy; 9
(e) Occupancy by an employee of a landlord when the employee’s right to 10
occupancy is conditioned on employment in or about the premises; 11
(f) Occupancy by a holder of a proprietary lease in a cooperative; 12
(g) Occupancy under a lease covering premises used by the occupant for 13
agricultural purposes; 14
(h) Occupancy as a vacation rental; and 15
(i) A ground lease of real property which lease does not include a dwelling 16
unit. 17
SECTION 3. KRS 383.520 IS REPEALED AND REENACTED AS A NEW 18
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 19
(1) A right or obligation under Sections 1 to 61 of this Act is enforceable by an action 20
unless the provision creating the right or obligation provides otherwise. 21
(2) A party seeking relief under Sections 1 to 61 of this Act has a duty to mitigate 22
damages. 23
SECTION 4. KRS 383.550 IS REPEALED AND REENACTED AS A NEW 24
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 25
Every lease or duty under Sections 1 to 61 of this Act imposes an obligation of good 26
faith in its performance and enforcement. 27
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SECTION 5. KRS 383.555 IS REPEALED AND REENACTED AS A NEW 1
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 2
(1) If a court, as a matter of law, finds a lease or any provision of the lease was 3
unconscionable at the time it was made, the court may refuse to enforce the lease, 4
enforce the remainder of the lease without the unconscionable provision, or limit 5
application of the unconscionable provision to avoid an unconscionable result. 6
(2) If a court, as a matter of law, finds a settlement agreement in which a party 7
waived or agreed to forgo a claim or right under a lease or Sections 1 to 61 of this 8
Act was unconscionable at the time it was made, the court may refuse to enforce 9
the agreement, enforce the remainder of the agreement without the 10
unconscionable provision, or limit application o f the unconscionable provision to 11
avoid an unconscionable result. 12
(3) If a party or the court puts unconscionability in issue under subsection (1) or (2) 13
of this section, the court shall allow the parties to present evidence of the setting, 14
purpose, and ef fect of the lease or settlement agreement to aid the court in 15
making the determination of unconscionability. 16
SECTION 6. KRS 383.560 IS REPEALED AND REENACTED AS A NEW 17
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 18
(1) In Sections 1 to 61 of this Act, a person has notice of a fact if the person: 19
(a) Has actual knowledge of the fact; 20
(b) Received notice of the fact under subsection (4) of this section; or 21
(c) Has reason to know the fact exists from all facts known to the person at the 22
time in question. 23
(2) Except as otherwise provided in subsection (3) of Section 44 of this Act, if 24
Sections 1 to 61 of this Act require noti ce in a record, the notice must be signed 25
by the person giving it and: 26
(a) Delivered personally to the recipient; 27
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(b) Deposited in the mail with proper postage and properly addressed if: 1
1. Sent to the landlord, to the mailing address specified under Sect ion 7 2
of this Act; 3
2. Sent to the tenant, to the mailing address specified under Section 8 of 4
this Act; or 5
3. Sent to a person other than a landlord or tenant, or if there is no 6
address specified for the landlord or tenant, to an address reasonable 7
under the circumstances; or 8
(c) Unless the landlord or tenant notifies the other at any time that notice shall 9
be given only by personal delivery or by mail as provided in paragraph (b) of 10
this subsection, delivered by another means of communication with cost of 11
transmission provided for and properly addressed if: 12
1. Sent to the landlord, to an address specified under Section 7 of this 13
Act; 14
2. Sent to the tenant, to an address specified under Section 8 of this Act; 15
or 16
3. No address is specified, to an address reas onable under the 17
circumstances. 18
(3) Except as otherwise provided in subsection (2) of this section, a person gives 19
notice of a fact to another person by taking steps reasonably calculated to inform 20
the other person, whether or not the other person learns of the fact. 21
(4) In Sections 1 to 61 of this Act, a person receives notice of a fact when: 22
(a) The fact comes to the person’s attention; or 23
(b) If notice in a record is required, the notice is: 24
1. Personally delivered under subsection (2)(a) of this section; or 25
2. Sent or delivered under subsection (2)(b) or (c) of this section. 26
SECTION 7. KRS 383.585 IS REPEALED AND REENACTED AS A NEW 27
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SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 1
(1) Before accepting an application fee, the prospective landlord shall disclose to the 2
prospective tenant in a record the criteria the landlord uses to determine the 3
landlord’s willingness to enter into a lease with a tenant. 4
(2) Before accepting funds to be applied to a security deposit, prepa id rent, or fees 5
other than an application fee, or before entering into a lease, a prospective 6
landlord shall disclose to the prospective tenant in a record the following: 7
(a) Any condition of the premises which the landlord knows, or on a reasonable 8
inspection of the premises should have known, would constitute a 9
noncompliance under Section 16 of this Act and would materially interfere 10
with the health or safety of the tenant or immediate family member or would 11
materially interfere with the use and enjoymen t of the premises by the 12
tenant or immediate family member; 13
(b) Whether, to the knowledge of the landlord, a foreclosure action or 14
extrajudicial foreclosure proceeding has been commenced against the 15
premises; 16
(c) If rent is prepaid, the month or other period of the lease to which the rent is 17
to be applied; and 18
(d) The rules affecting the tenant’s use and enjoyment of the premises, whether 19
adopted by the landlord or another person. 20
(3) At or before commencement of t he term of a lease, the landlord shall give the 21
tenant notice in a record specifying: 22
(a) The name of: 23
1. The landlord; 24
2. Any person authorized to manage the premises; 25
3. The owner of the premises; 26
4. Any person authorized to act for the owner for service of process; and 27
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5. Any person authorized to receive a notice or demand for the owner; 1
(b) The mailing address and any address to be used for the receipt of electronic 2
communications by the landlord or any person designated by the landlord to 3
which a notice or demand must be sent; and 4
(c) The address to, or the method by, which the tenant must deliver rent. 5
(4) A landlord shall keep current the information required by subsection (3) of this 6
section. 7
(5) If the premises were in foreclosure before a landlor d and tenant entered into a 8
lease and the disclosure required by subsection (2)(b) of this section was not 9
made, the tenant may recover actual damages resulting from the foreclosure. 10
SECTION 8. A NEW SECTION OF KRS CHAPT ER 383 IS CREATED TO 11
READ AS FOLLOWS: 12
(1) At or before commencement of the term of a lease, the tenant shall give the 13
landlord notice in a record specifying the tenant’s mailing address and any 14
address to be used for the receipt of electronic communications by the tenant. 15
(2) At the request of a landlord, the tenant shall designate a contact person to act for 16
the tenant on the tenant’s death, by giving the landlord a record specifying the 17
name and, if known, the mailing address, any address to be used for the receipt of 18
electronic communications, and the telephone number of the contact person. In 19
the absence of a request by the landlord, the tenant may designate a contact 20
person in the same manner. 21
(3) A tenant shall keep current the information required by subsections (1) and (2) of 22
this section. On termination of the lease, the tenant shall provide the landlord a 23
forwarding address to which the landlord must send the tenant’s security deposit 24
and unearned rent or other communications. 25
SECTION 9. KRS 383.510 IS REPEALED AND REENACTED AS A NEW 26
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 27
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Unless displaced by the particular provisions of Sections 1 to 61 of this Act, the 1
principles of law and equity supplement Sections 1 to 61 of this Act. 2
SECTION 10. KRS 383.565 IS REPEALED AND REENACTED AS A NEW 3
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 4
(1) A lease may include terms and conditions not prohibited by Sections 1 to 61 of 5
this Act or other law. 6
(2) Unless a lease or law other than Sections 1 to 61 of this Act otherwise provides: 7
(a) The tenant shall pay rent for the dwelling unit for the term of the lease in 8
an amount comparable to the rent paid for other dwelling units of similar 9
size and condition in the same or a comparable location, determined at the 10
commencement of the term; 11
(b) Rent is: 12
1. Payable without demand or notice: 13
a. At the address or place the landlord designates under subsection 14
(3)(c) of Section 7 of this Act or, if no designation is made, at the 15
landlord’s place of business at the time the lease was made; and 16
b. On the first day of each month or at the beginning of the term if 17
the term is less than one (1) month; and 18
2. Uniformly apportioned from day to day; and 19
(c) A rental period is on a monthly basis beginning with the first day of the 20
month for a tenancy for a fixed term of more than one (1) month or a 21
periodic tenancy of month -to-month and, for all other tenancies, the rental 22
period begins on the first day rent is paid. 23
(3) Except as otherwise provided in Section 11 of this Act, unless the lease creates a 24
tenancy for a fixed term, the tenancy is a periodic tenancy for week -to-week if the 25
tenant pays rent weekly and otherwise is a periodic tenancy for month-to-month. 26
(4) A landlord shall provide the tenant a copy of any lease that is signed by them or, 27
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if the lease is enforceable under Section 11 of this Act, signed by either of them. 1
(5) If a landlord willfully fails to comply with subsection (4) of this section, the 2
tenant may recover actual damages or one (1) month’s periodic rent, whichever is 3
greater. 4
SECTION 11. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) Subject to subsection (2) of this section: 7
(a) If a lease signed by the tenant is delivered to the landlord and the landlord 8
fails to sign the le ase and return it to the tenant, acceptance of rent by the 9
landlord without a reservation of rights gives the lease the same effect as if 10
the lease had been signed by the landlord and returned to the tenant; and 11
(b) If a lease signed by the landlord is del ivered to the tenant and the tenant 12
fails to sign the lease and return it to the landlord, acceptance of possession 13
and payment of rent without a reservation of rights gives the lease the same 14
effect as if the lease had been signed by the tenant and return ed to the 15
landlord. 16
(2) If a lease given effect under subsection (1) of this section provides for a tenancy 17
for a fixed term longer than one (1) year, the lease is effective for one (1) year. 18
(3) Absent a lease signed by the landlord or tenant which is del ivered to the other, if 19
the tenant accepts possession and pays rent to the landlord without a reservation 20
of rights and the landlord accepts rent from the tenant without a reservation of 21
rights, the tenancy created is a periodic tenancy for week -to-week if the tenant 22
pays rent weekly and in all other cases a periodic tenancy for month-to-month. 23
SECTION 12. KRS 383.570 IS REPEALED AND REENACTED AS A NEW 24
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 25
(1) A lease shall not require the tenant to: 26
(a) Unless permitted by Sections 1 to 61 of this Act, waive or forgo a right or 27
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remedy under Sections 1 to 61 of this Act; 1
(b) Authorize a person to confess judgment on a claim arising out of the lease 2
or Sections 1 to 61 of this Act; 3
(c) Perform a duty imposed on the landlord by Section 16 of this Act; 4
(d) Agree to pay attorney’s fees and costs of the landlord other than those 5
provided by Sections 1 to 61 of this Act or law other than Sections 1 to 61 of 6
this Act; or 7
(e) Agree to exculpate or limit a liability of the landlord arising under Sections 8
1 to 61 of this Act or law other than Sections 1 to 61 of this Act or indemnify 9
the landlord for the liability and the costs connected with the liability. 10
(2) A provision in a lease prohibit ed by subsection (1) of this section or law other 11
than Sections 1 to 61 of this Act is unenforceable. If the landlord seeks to enforce 12
the provision or accepts the tenant’s voluntary compliance with the provision, the 13
court may award the tenant an amount n ot to exceed three (3) times the periodic 14
rent. 15
SECTION 13. KRS 383.575 IS REPEALED AND REENACTED AS A NEW 16
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 17
A lease, assignment, sublease, conveyance, trust deed, or security instrument shall not 18
authorize a person to receive rent without assuming the duties imposed on the landlord 19
by the lease and Section 16 of this Act. 20
SECTION 14. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) As used in this section, "prevailing party" means a party that: 23
(a) Initiated the enforcement of a right or remedy under a lease or Sections 1 to 24
61 of this Act and substantially prevailed on the right or remedy asserted; or 25
(b) Substantially prevailed in defending against a right or remedy asserted by 26
the other party. 27
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(2) In an action to enforce a right or remedy arising under a lease or Sections 1 to 61 1
of this Act, the court shall award the prevailing party costs. The court may award 2
the prevailing party reasonable attorney’s fees if the court determines that the 3
other party did not act in good faith, willfully performed an act prohibited by the 4
lease or Sections 1 to 61 of this Act, or willfully refrained from performing an act 5
required by the lease or Sections 1 to 61 of this Act. 6
(3) A court shall not award a landlord attorney’s fees or costs in an uncontested 7
action to recover possession of a dwelling unit. 8
SECTION 15. KRS 383.590 IS REPEAL ED AND REENACTED AS A NEW 9
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 10
A landlord shall deliver physical possession of the dwelling unit to the tenant at the 11
commencement of the term of the lease. 12
SECTION 16. KRS 383.5 95 IS REPEALED AND REENACTED AS A NEW 13
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 14
(1) A landlord has a nonwaivable duty to maintain the premises in a habitable 15
condition, including making necessary repairs. The duty requires the landlord to 16
ensure that the premises: 17
(a) Comply with all obligations imposed on the landlord by any applicable 18
building, housing, fire, or health code or law other than Sections 1 to 61 of 19
this Act; 20
(b) Have effective waterproofing and weather protection of the roof and 21
exterior walls, including windows and doors; 22
(c) Have plumbing facilities that conform to law and are maintained in good 23
working order; 24
(d) Have access to a water supply approved under law which can provide hot 25
and cold running water; 26
(e) Have adequate ventilation and heating facilities that conform to law and are 27
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maintained in good working order; 1
(f) Have electrical lighting, with wiring and equipment that conform to law and 2
are maintained in good working order; 3
(g) Have reasonable measures in place to control th e presence of rodents, 4
bedbugs, and other vermin and to prevent exposure to unsafe levels of 5
radon, lead paint, asbestos, toxic mold, and other hazardous substances; 6
(h) To the extent the premises include a common area or other areas under the 7
landlord’s control, have reasonable measures in place to make the area: 8
1. Clean and sanitary; 9
2. Safe for normal and reasonably foreseeable use consistent with the 10
lease and in good repair; and 11
3. Reasonably free of debris, filth, rubbish, garbage, and the items list ed 12
in paragraph (g) of this subsection; 13
(i) Have an adequate number of appropriate receptacles in reasonably clean 14
condition if the landlord is obligated to provide trash removal or recycling 15
service by law or an agreement in a record signed by the landlor d and 16
tenant; 17
(j) Have in good repair floors, doors, windows, walls, ceilings, stairways, and 18
railings; 19
(k) Have in good repair other facilities and appliances supplied or required to 20
be supplied by the landlord; 21
(l) Have in good repair locks or other security devices on all exterior doors and 22
on windows that open and close, including those of the dwelling unit and 23
other parts of the premises; and 24
(m) Have in good working order any safety equipment required by law. 25
(2) A landlord has the duty to ensure the premises have access to essential services, 26
but the lease may require an account with a utility provider of an essential service 27
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to the dwelling unit be in the name of the tenant and the tenant pay the periodic 1
cost for the service. If the service is not provided because the tenant fails to pay 2
for the service, the landlord does not fail to comply with this subsection. 3
(3) If a sublessor is a landlord for purposes of Sections 1 to 61 of this Act, the 4
sublessor has the duty to comply with subsection (1) of this section except for 5
duties that would require the sublessor to access parts of the premises beyond the 6
sublessor’s control. 7
(4) A landlord and tenant may agree that the tenant is to perform specified repairs, 8
maintenance tasks, alterations, or remodeling only if: 9
(a) The agreement is in a record, other than the lease, signed by the parties and 10
supported by adequate consideration; 11
(b) The work is not necessary to cure the landlord’s noncompliance with 12
subsection (1)(a) of this section; and 13
(c) The agreement does not affect the obligation of the landlord to other 14
tenants on the premises. 15
(5) A landlord shall not treat performance of an a greement described in subsection 16
(4) of this section as a condition to the performance of any obligation under the 17
lease or this section. 18
SECTION 17. KRS 383.600 IS REPEALED AND REENACTED AS A NEW 19
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 20
Except to the extent a landlord and tenant otherwise agree in a signed record, if the 21
landlord, in a good-faith sale to a bona fide purchaser, conveys premises that include a 22
dwelling unit subject to a lease, the following rules apply: 23
(1) Except as otherwise provided in subsection (2) of this section, the landlord is 24
relieved of liability under the lease and Sections 1 to 61 of this Act as to an event 25
that occurs after the later of the conveyance to the purchaser or notice in a record 26
by the landlord to the tenant of the conveyance; and 27
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(2) Except as otherwise provided in Section 60 of this Act, the landlord remains 1
liable to the tenant for the amount of any security deposit and unearned rent. 2
SECTION 18. KRS 383.610 IS REPEALED AND REENACTED AS A NEW 3
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 4
(1) Except as otherwise provided in subsection (1) of Section 19 of this Act or as 5
required by law other than Sections 1 to 61 of this Act, a landlord may enforce a 6
rule of the landlord in existence at the time the lease commenced only if the rule 7
was disclosed to the tenant under Section 7 of this Act. 8
(2) Except as otherwise provided in subsections (3) and (4) of this section, after 9
commencement of the term of a lease, the landlord may adopt or modify a rule 10
concerning the tenant’s use and enjoyment of the pr emises, but the rule or 11
modification shall not take effect earlier than thirty (30) days after the landlord 12
gives the tenant notice in a record of the rule or modification. 13
(3) In a periodic tenancy for month -to-month, a rule or modification adopted under 14
subsection (2) of this section shall not take effect before the expiration of the 15
period in subsection (2)(b) of Section 37 of this Act during which the tenant or 16
landlord could have exercised the right to terminate the tenancy. 17
(4) In a tenancy for a fixe d term, if a rule or modification adopted under subsection 18
(2) of this section substantially modifies the tenant’s benefit of the bargain and is 19
not required by law other than Sections 1 to 61 of this Act, the rule is not 20
enforceable against the tenant unless the tenant consents in a signed record. 21
SECTION 19. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 22
READ AS FOLLOWS: 23
(1) Before the commencement of the term of a lease, if the landlord fails to disclose a 24
rule adopted by a person other than the landlord which substantially modifies the 25
tenant’s benefit of the bargain and is not required by law other than Sections 1 to 26
61 of this Act, and the rule is enforced against the tenant, the tenant may: 27
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(a) Recover actual damages from the landlord; or 1
(b) Terminate the lease by giving the landlord notice in a record that the lease 2
will terminate on a date specified in the notice which must be at least (30) 3
days after the notice is given. 4
(2) Except as otherwise provided in subsec tion (3) of this section, if, after the 5
commencement of the term of a lease, a person other than the landlord adopts or 6
modifies a rule that substantially modifies the tenant’s benefit of the bargain and 7
is not required by law other than Sections 1 to 61 o f this Act and the rule is 8
enforced against the tenant, the tenant of a tenancy for a fixed term may 9
terminate the lease by giving the landlord notice in a record that the lease will 10
terminate on a date specified in the notice which must be at least thirty (30) days 11
after the notice is given or, in the case of a periodic tenancy, terminate the 12
tenancy in accordance with Section 37 of this Act. 13
(3) A tenant shall not terminate a lease under subsection (2) of this section if the 14
lease provides the dwelling un it is subject to rules of a person other than the 15
landlord and the person may modify the rules after the commencement of the 16
term of the lease. 17
SECTION 20. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 18
READ AS FOLLOWS: 19
Except as otherwise provided in Section 22 of this Act, if a landlord fails to comply with 20
the lease or Section 16 of this Act, the tenant has the remedies under Section 21 of this 21
Act if the tenant gives the landlord: 22
(1) Notice in a record of the noncompliance; and 23
(2) An opportunity to remedy the noncompliance within the following periods: 24
(a) Subject to paragraph (b) of this section, not later than fourteen (14) days 25
after the tenant gave the notice; and 26
(b) If the noncompliance involves failure to prov ide an essential service or 27
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materially interferes with the health or safety of the tenant or immediate 1
family member, the landlord shall remedy the noncompliance as soon as 2
practicable but not later than five (5) days after the tenant gave the notice. 3
SECTION 21. KRS 383.625 IS REPEALED AND REENACTED AS A NEW 4
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 5
(1) Except as provided in Section 22 of this Act, if a landlord’s noncompliance with 6
the lease or Section 16 of this A ct results in the tenant not receiving an essential 7
service, materially interferes with the health or safety of the tenant or immediate 8
family member, or materially interferes with the use and enjoyment of the 9
premises by the tenant or immediate family mem ber and the noncompliance is 10
not remedied during the applicable period specified in Section 20 of this Act, the 11
tenant may: 12
(a) Terminate the lease as provided in Section 23 of this Act; or 13
(b) Continue the lease and elect one (1) or more of the following remedies: 14
1. Subject to Section 27 of this Act, withhold rent for the period of 15
noncompliance beginning on the date the tenant gave notice under 16
Section 20 of this Act; 17
2. Recover actual damages; 18
3. Obtain injunctive relief, specific performance, or other equitable 19
relief; 20
4. Make repairs and deduct the cost from the rent, as provided in Section 21
25 of this Act; or 22
5. Secure an essential service the landlord is obligated to provide or 23
comparable substitute housing during the period of noncompliance as 24
provided in Section 26 of this Act. 25
(2) If a landlord’s noncompliance with the lease or Section 16 of this Act does not 26
materially interfere with the health or safety of the tenant or immediate family 27
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member or the use and enjoyment of the premises by the tenant or immediate 1
family member, the tenant may elect one (1) or more of the remedies provided in 2
subsection (1)(b)2., 3., or 4. of this section. 3
(3) A tenant is not entitled to a remedy under this section to the extent: 4
(a) The landlord’s noncompliance was caused by an act or omission of the 5
tenant, immediate family member, or guest; or 6
(b) The tenant, immediate family member, or guest prevented the landlord from 7
having access to the dwelling unit t o remedy the act or omission described 8
in the notice under Section 20 of this Act. 9
SECTION 22. KRS 383.650 IS REPEALED AND REENACTED AS A NEW 10
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 11
(1) If a dwelling unit or other part of the premises is substantially damaged or 12
destroyed by a fire, other casualty, or natural disaster and: 13
(a) The unit or other part of the premises is uninhabitable or inaccessible or 14
continued occupancy of the unit is unlawful, the tenant may vacat e the unit 15
immediately and, not later than fourteen (14) days after vacating the unit, 16
give the landlord notice in a record of the tenant's intent to terminate the 17
lease, in which case the lease terminates as of the date the tenant vacates 18
the unit; or 19
(b) If continued occupancy of the unit is lawful, subject to the landlord’s right 20
to terminate the lease under subsection (2) of this section, the tenant, after 21
complying with Section 20 of this Act, may continue the lease and seek the 22
remedies provided in su bsection (1)(b)1., 2., 3., or 4. of Section 21 of this 23
Act. 24
(2) If a dwelling unit or other part of the premises is substantially damaged by a fire, 25
other casualty, or natural disaster and continued occupancy of the unit is 26
unlawful or dangerous or require s repairs that can be made only if the tenant 27
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vacates the unit, the landlord may terminate the lease by giving the tenant notice 1
in a record that the lease will terminate on a specified date, which must be at least 2
five (5) days after the notice is given. 3
(3) If a landlord's noncompliance with the lease or Section 16 of this Act materially 4
interferes with the health or safety of a tenant or immediate family member or the 5
use and enjoyment of the premises by the tenant or immediate family member and 6
it is im possible for the landlord to remedy the noncompliance within the 7
applicable period specified in Section 20 of this Act, the tenant may terminate the 8
lease as provided in subsection (2) of Section 23 of this Act or, subject to 9
subsection (4) of this section , continue the lease and recover actual damages 10
limited to diminution in the value of the dwelling unit. 11
(4) If a landlord's noncompliance with the lease or Section 16 of this Act materially 12
interferes with the health or safety of a tenant or immediate family member or the 13
use and enjoyment of the premises by the tenant or immediate family member and 14
it is impossible for the landlord to remedy the noncompliance not later than (30) 15
days after receiving the notice under Section 20 of this Act, the landlord ma y 16
terminate the lease by giving the tenant notice in a record that the lease will 17
terminate on a specified date, which must be at least thirty (30) days after the 18
landlord gives the notice. The landlord shall not rent the unit for ninety (90) days 19
after termination of the lease. 20
(5) If a lease is terminated under this section, the landlord shall return any security 21
deposit and unearned rent to which the tenant is entitled under Section 59 of this 22
Act. 23
(6) This section does not preclude a: 24
(a) Landlord from seeking actual damages from the tenant under law other 25
than Sections 1 to 61 of this Act for damage to the premises caused by an 26
act or omission of the tenant, immediate family member, or guest; or 27
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(b) Tenant from seeking actual damages from the landlord under law other 1
than Sections 1 to 61 of this Act if the fire or other casualty was caused by 2
an act or omission of the landlord or landlord’s agent. 3
SECTION 23. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) If a landlord’s noncompliance with the lease or Section 16 of this Act materially 6
interferes with the health or safety of the tenant or immediate family member and 7
the noncompliance is not remedied within the period specified in subsection 8
(2)(b) of Section 20 of this Act, the tenant may terminate the lease by giving the 9
landlord notice in a record of the tenant’s intent to terminate the lease 10
immediately or on a specified date, which is not later than thirty (30) days after 11
the date of the notice. 12
(2) If a landlord’s noncompliance with the lease or Section 16 of this Act materially 13
interferes with the use and enjoyment of the premises unrelated to the health or 14
safety of the tenant or immediate family member and the noncompliance is not 15
remedied within the period specified in subsection (2)(a) of Section 20 of this Act, 16
the tenant may terminate the lease by giving the landlord notice in a record of the 17
tenant’s intent to terminate the lease on a specified date, which must be at least 18
fourteen (14) days after the expiration of the period allowed under Section 20 of 19
this Act for the remedy of the noncompliance. 20
(3) In addition to terminating a lease as provided in subsection (1) or (2) of this 21
section, the tenant may recover actual damages. 22
(4) If a tenant terminates a lease under this section, the landlord shall return any 23
security deposit and unearned rent to which the tenant is entitled under Section 24
59 of this Act. 25
SECTION 24. KRS 383.630 IS REPEALED AND RE ENACTED AS A NEW 26
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 27
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(1) Except as otherwise provided in subsection (4) of this section, if a landlord does 1
not deliver physical possession of the dwelling unit to the tenant under Section 15 2
of this Act, the tena nt is not required to pay rent until possession is delivered and 3
may: 4
(a) Terminate the lease by giving notice in a record to the landlord at any time 5
before the landlord delivers possession of the unit to the tenant; or 6
(b) Demand performance of the lease by the landlord and: 7
1. Recover actual damages and obtain possession of the unit from the 8
landlord; or 9
2. Obtain possession of the unit from any person wrongfully in 10
possession by any lawful means the landlord could have used. 11
(2) If a tenant terminates t he lease under subsection (1)(a) of this section, the 12
landlord shall return any amounts received from the tenant before the 13
commencement of the term of the lease. 14
(3) In addition to the rights of a tenant under subsections (1) and (2) of this section, 15
if a landlord’s failure to deliver possession to the tenant under Section 15 of this 16
Act is willful, the tenant may recover three (3) times the periodic rent or three (3) 17
times the actual damages, whichever is greater. 18
(4) If a tenant seeks possession under subsection (1)(b)2. of this section, the tenant is 19
liable to the landlord for rent and may recover from the person wrongfully in 20
possession the damages provided in Section 38 of this Act. 21
SECTION 25. KRS 383.635 IS REPEAL ED AND REENACTED AS A NEW 22
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 23
(1) Subject to subsection (4) of this section, if a landlord fails to comply with the 24
lease or Section 16 of this Act, the tenant may give notice to the landlord under 25
Section 20 of t his Act specifying the noncompliance. If the landlord fails to 26
remedy the noncompliance within the applicable period specified in Section 20 of 27
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this Act and the reasonable cost to remedy the noncompliance does not exceed 1
one (1) month’s periodic rent, the tenant may make repairs to remedy the 2
noncompliance at the landlord’s expense. 3
(2) A tenant that makes repairs under subsection (1) of this section is entitled to 4
recover the actual and reasonable cost incurred or the reasonable value of the 5
work performe d to remedy the noncompliance, not exceeding one (1) month’s 6
periodic rent. Unless the tenant has been reimbursed by the landlord, the tenant 7
may deduct the cost or value from rent after submitting to the landlord an 8
itemized statement, accompanied by receipts for purchased items and services. 9
(3) A repair under subsection (1) of this section must be made in a professional 10
manner and in compliance with applicable law. 11
(4) A tenant shall not repair a noncompliance at the landlord’s expense under 12
subsection (1) of this section to the extent the: 13
(a) Noncompliance was caused by an act or omission of the tenant, immediate 14
family member, or guest; or 15
(b) Landlord was unable to remedy the noncompliance within the applicable 16
period specified in Section 20 of this Act because the tenant, immediate 17
family member, or guest denied the landlord access to the dwelling unit. 18
(5) A tenant’s use of the remedy under this section is limited to one (1) month’s 19
periodic rent during any twelve (12) month period. 20
SECTION 26. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) Except as otherwise provided in Section 22 of this Act, if a tenant fails to receive 23
an essential service the landlord has a duty to provide under subsect ion (2) of 24
Section 16 of this Act, the tenant may give notice to the landlord under Section 20 25
of this Act specifying the failure. If the landlord fails to provide the essential 26
service within the applicable period specified in Section 20 of this Act, the tenant 27
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may: 1
(a) Take appropriate measures to secure the essential service during the period 2
of the landlord’s noncompliance and deduct the actual and reasonable cost 3
from the rent; or 4
(b) Procure comparable substitute housing at the landlord’s expense during the 5
period of the noncompliance and recover actual damages. 6
(2) This section does not apply if the tenant’s failure to receive the essential service 7
was caused by an act or omission of the tenant, immediate family member, or 8
guest. 9
SECTION 27. KRS 383.645 IS REPEALED AND REENACTED AS A NEW 10
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 11
(1) If a landlord fails to comply with the lease or Section 16 of this Act and the tenant 12
has complied with Section 20 of t his Act, the tenant may defend an action by the 13
landlord based on nonpayment of rent on the ground that no rent was due 14
because of the noncompliance and counterclaim for any amount the tenant may 15
recover under the lease or Sections 1 to 61 of this Act. 16
(2) If a tenant is in possession of the dwelling unit when the landlord files an action 17
based on nonpayment of rent, either party may seek a court order directing the 18
tenant to pay all or part of the unpaid rent and all additional rent as it accrues 19
into an escrow account with the court or a bank or other entity authorized by the 20
court to hold funds in escrow. 21
(3) If rent has been paid into escrow under this section and the court determines the 22
landlord fully complied with the lease and Section 16 of this Act, the court shall 23
order the immediate release to the landlord of rent held in escrow and enter 24
judgment for any remaining rent owed. 25
(4) If rent has been paid into escrow under this section and the court determines that 26
the landlord’s noncompliance with the lease or Section 16 of this Act materially 27
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interferes with the health or safety of a tenant or an immediat e family member or 1
the use and enjoyment of the premises by the tenant or an immediate family 2
member, the court may order one (1) or more of the following: 3
(a) Release to the landlord of all or part of the rent held in escrow to be used 4
only to bring the premises into compliance with the lease or Section 16 of 5
this Act; 6
(b) Return to the tenant of all or part of the rent held in escrow in 7
compensation for: 8
1. A repair made by the tenant in compliance with Section 25 of this Act; 9
or 10
2. Actual damages; 11
(c) The tenant’s continued payment of rent into escrow as rent becomes due or 12
abatement of future rent until the landlord brings the premises into 13
compliance with the lease or Section 16 of this Act; and 14
(d) Payment to the landlord of any rent held in escrow no t otherwise payable to 15
the tenant. 16
(5) If rent has not been paid into escrow under this section and the court determines 17
that the landlord complied with the lease and Section 16 of this Act, the court 18
shall render judgment for unpaid rent. 19
(6) If rent has not been paid into escrow under this section and the court determines 20
that the landlord’s noncompliance with the lease or Section 16 of this Act 21
materially interferes with the health or safety of a tenant or immediate family 22
member or the use and enjoyment of the premises by the tenant or an immediate 23
family member, the court shall render judgment for unpaid rent less any amount 24
expended by the tenant in compliance with Section 25 of this Act to repair the 25
premises and actual damages. 26
(7) In addition to the other remedies provided in this section, the court may award 27
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possession or other appropriate relief if the court determines the tenant: 1
(a) Acted in bad faith in withholding rent; or 2
(b) Failed to comply with an order to pay rent into escrow under subsect ion (2) 3
of this section or to pay rent or other amounts owed to the landlord under 4
this section. 5
(8) The court shall not award possession if the court determines that the tenant 6
withheld rent in good faith and the tenant complies with an order to pay unpai d 7
rent into escrow or to the landlord under this section. 8
SECTION 28. KRS 383.655 IS REPEALED AND REENACTED AS A NEW 9
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 10
(1) If a landlord unlawfully removes or excludes the ten ant from the premises or 11
willfully interrupts or causes the interruption of an essential service the landlord 12
has the duty to provide to the tenant, the tenant may recover three (3) times the 13
periodic rent or three (3) times the damages, whichever is greater, and: 14
(a) Recover possession; or 15
(b) Terminate the lease by giving the landlord notice in a record of the tenant’s 16
intent to terminate the lease immediately or on a later specified date. 17
(2) If a tenant terminates the lease under subsection (1)(b) of t his section, the 18
landlord shall return any security deposit and unearned rent to which the tenant 19
is entitled under Section 59 of this Act. 20
SECTION 29. KRS 383.605 IS REPEALED AND REENACTED AS A NEW 21
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 22
(1) As used in this section, "normal wear and tear" 23
(a) Means deterioration that results from the intended use of a dwelling unit, 24
including breakage or malfunction due to age or deteriorated condition; 25
and 26
(b) Does not include de terioration that results from negligence, carelessness, 27
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accident, or abuse of the unit, fixtures, equipment, or other tangible 1
personal property by the tenant, immediate family member, or guest. 2
(2) A tenant: 3
(a) Shall comply with the obligations imposed o n the tenant by the lease and 4
Sections 1 to 61 of this Act; 5
(b) Shall comply with the obligations imposed on a tenant by any building, 6
housing, fire, or health code or other law; 7
(c) Except with respect to duties imposed on the landlord by the lease, Sections 8
1 to 61 of this Act, or other law, shall keep the dwelling unit reasonably safe 9
and sanitary; 10
(d) Shall remove all garbage, rubbish, and other debris from the unit in a clean 11
and safe manner; 12
(e) Shall keep all plumbing fixtures in the unit reasonably clean; 13
(f) Shall use in a reasonable manner all electrical, plumbing, heating, 14
ventilating, and air-conditioning systems and other facilities and appliances 15
on the premises; 16
(g) Without the landlord’s consent, shall not intentionally or negligently: 17
1. Destroy, deface, damage, impair, remove, or render inoperative any 18
part of the premises; 19
2. Destroy, deface, damage, impair, remove, or render inoperative any 20
safety equipment on the premises; or 21
3. Permit an immediate family member or guest to do any of the acts 22
specified in this paragraph; 23
(h) Shall not disturb the use and enjoyment of the premises by another tenant 24
or permit an immediate family member or guest to do the same; 25
(i) Shall not engage in or permit an immediate family member or guest to 26
engage in criminal activity; 27
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(j) Shall notify the landlord within a reasonable time of any condition of the 1
premises which requires repair by the landlord under the lease or Section 2
16 of this Act; 3
(k) Shall return the dwelling unit to the landlord at the termination of the lease 4
in the same condition as it was at the commencement of the term of the 5
lease, with the premises free of any damage caused by the tenant, immediate 6
family member, or guest, except for: 7
1. Normal wear and tear; 8
2. Damage resulting from a cause beyond the control of the tenant, 9
immediate family member, or guest; and 10
3. Any addition and improvement installed on the premises with the 11
landlord’s consent; and 12
(l) Unless the landlord and tenant otherwise agree, shall use the dwelling unit 13
only for residential purposes. 14
SECTION 30. KRS 383.660 IS REPEALED AND REENACTED AS A NEW 15
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 16
(1) Except as othe rwise provided by law other than Sections 1 to 61 of this Act and 17
subject to subsection (2) of this section: 18
(a) A landlord may terminate a lease for nonpayment of rent when the rent is 19
unpaid when due by giving the tenant notice in a record stating that i f the 20
rent remains unpaid fourteen (14) days after the notice is given, the lease 21
shall terminate on expiration of the fourteen (14) day period or a later 22
specified date; or 23
(b) If there is a material noncompliance with a lease or Sections 1 to 61 of this 24
Act by the tenant, other than nonpayment of rent, the landlord may give the 25
tenant notice in a record specifying the act or omission constituting the 26
noncompliance and stating that if the noncompliance is not remedied not 27
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later than fourteen (14) days afte r the landlord gives the notice, the lease 1
shall terminate on a specified date which must be at least thirty (30) days 2
after the landlord gives the notice. 3
(2) A landlord may terminate the lease without giving the tenant an opportunity to 4
remedy a noncompl iance by giving the tenant the notice described in subsection 5
(3) of this section if: 6
(a) The tenant failed to pay rent in a timely manner on at least two (2) 7
occasions within the four (4) month period preceding the notice to terminate 8
the lease; 9
(b) The t enant committed substantially the same act or omission for which 10
notice under subsection (1)(b) of this section was given within six (6) 11
months preceding the latest noncompliance; 12
(c) The noncompliance by the tenant, immediate family member, or guest poses 13
an actual and imminent threat to the health or safety of any individual on 14
the premises or the landlord or landlord’s agent; or 15
(d) Subject to subsection (5) of this section, the tenant, immediate family 16
member, or guest has committed a criminal act. 17
(3) Notice in a record terminating a lease under subsection (2) of this section must 18
specify the reason for the termination and state that: 19
(a) For a termination under subsection (2)(a) or (b) of this section, the lease 20
shall terminate on a specified date, which must be at least fourteen (14) 21
days after the landlord gave the notice; or 22
(b) For a termination under subsection (2)(c) or (d) of this section, the lease 23
shall terminate immediately or on a later specified date. 24
(4) Except as otherwise provided in Sections 1 to 61 of this Act, if a tenant fails to 25
comply with Section 29 of this Act, the landlord may: 26
(a) Obtain injunctive relief or specific performance; or 27
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(b) Regardless of whether the lease terminates as a result of the tenant’s 1
noncompliance, recover actual damages or liquidated damages as provided 2
by the lease. 3
(5) A landlord shall not terminate a lease under subsection (2)(d) of this section if 4
the criminal act was the act of an immediate family member or guest, and the 5
tenant: 6
(a) Neither knew nor should have known the act was going to be committed; 7
and 8
(b) Took reasonable steps to ensure that there will not be a repeated criminal 9
act on the premises by the immediate family member or guest. 10
SECTION 31. KRS 383.675 IS REPEALED AND REENACTED AS A NEW 11
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 12
(1) Subject to subsection (2) of this section, acceptanc e by a landlord of rent for two 13
(2) or more successive rental periods with knowledge of noncompliance by the 14
tenant with the lease or Sections 1 to 61 of this Act or acceptance by the landlord 15
of the tenant’s performance that varies from the terms of the l ease or Sections 1 16
to 61 of this Act is a waiver of the landlord’s right to terminate the lease for the 17
noncompliance, unless the landlord and tenant otherwise agree after the 18
noncompliance occurs. 19
(2) This section does not prevent a landlord or tenant fr om exercising a right under 20
Section 37 of this Act to terminate a periodic tenancy. 21
SECTION 32. KRS 383.680 IS REPEALED AND REENACTED AS A NEW 22
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 23
(1) Distraint for rent is abolished. 24
(2) A landlord shall not create, perfect, or enforce a lien or security interest on a 25
tenant’s tangible personal property to secure the tenant’s performance under the 26
lease or Sections 1 to 61 of this Act. This subsection does not apply to a lien or 27
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security interest created or perfected before the effective date of this Act. 1
SECTION 33. KRS 383.670 IS REPEALED AND REENACTED AS A NEW 2
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 3
(1) As used in this section, "reaso nable efforts" means any step a landlord would 4
take to rent a dwelling unit if the unit is vacated at the end of a term, including 5
showing the unit to a prospective tenant or advertising the availability of the unit. 6
(2) A tenant abandons a dwelling unit if: 7
(a) The tenant delivers possession of the unit to the landlord before the end of 8
the term by returning the keys or other means of access or otherwise notifies 9
the landlord the unit has been vacated; or 10
(b) Rent that is due was not paid for at least five (5) days and the tenant has: 11
1. Vacated the unit by removing substantially all of the tenant’s personal 12
property from the unit and the premises; and 13
2. Caused the termination of an essential service or otherwise indicated 14
by words or conduct that the tena nt has no intention to return to the 15
unit. 16
(3) If a tenant abandons the dwelling unit before the end of the term of the lease, the 17
landlord may recover possession of the unit without a court order and may: 18
(a) Accept the tenant’s abandonment of the unit by notice in a record given to 19
the tenant, in which case: 20
1. The lease terminates on the date of abandonment; 21
2. The landlord and tenant are liable to each other under the lease only 22
for a noncompliance with the lease or Sections 1 to 61 of this Act 23
which occurred before the lease terminates; and 24
3. The landlord shall return any security deposit and unearned rent to 25
which the tenant is entitled under Section 59 of this Act; or 26
(b) Treat the abandonment as wrongful. 27
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(4) If a landlord treats abandonment of a dwelling unit as wrongful under subsection 1
(3)(b) of this section, the tenant remains liable under the lease and the landlord 2
has a duty to mitigate by making a reasonable effort to rent the unit, subject to 3
the following rules: 4
(a) The landlord’s duty to mitigate does not take priority over the landlord’s 5
right to lease first any other dwelling unit the landlord has available to 6
lease; 7
(b) If the landlord leases the abandoned unit to another person for a term 8
beginning before the expiration of the term of the lease of the abandoning 9
tenant, the lease terminates as of the date of the new tenancy and the 10
landlord may recover actual damages from the abandoning tenant; 11
(c) If the landlord makes a reasonable effort to lease the abandoning tenant’s 12
unit but is unable to lease it or is able to lease it only for an amount less 13
than the rent payable by the abandoning tenant, the landlord may recover 14
actual damages from the abandoning tenant; 15
(d) If the landlord fails to make a re asonable effort to lease the abandoning 16
tenant’s unit, the lease terminates as of the date of abandonment, and the 17
landlord and tenant are liable to each other under the lease or Sections 1 to 18
61 of this Act only for a noncompliance with the lease or Secti ons 1 to 61 of 19
this Act which occurred before the date of abandonment; and 20
(e) After deducting the landlord’s actual damages, the landlord shall return 21
any security deposit and unearned rent to which the tenant is entitled under 22
Section 59 of this Act. 23
SECTION 34. KRS 383.690 IS REPEALED AND REENACTED AS A NEW 24
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 25
Except as otherwise provided in Section 33 of this Act, a landlord: 26
(1) Shall not recover or take possession of a dwe lling unit by an act of self -help, 27
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including willful interruption or causing the willful interruption of an essential 1
service to the unit; and 2
(2) May recover possession of a dwelling unit following termination of a lease only 3
through an action permitted by law other than Sections 1 to 61 of this Act. 4
SECTION 35. KRS 383.615 IS REPEALED AND REENACTED AS A NEW 5
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 6
(1) Except as otherwise provided in this section, a landlord shall not enter a dwelling 7
unit unless: 8
(a) Entry is permitted by the lease or the tenant otherwise agrees; 9
(b) Entry is under a court order; 10
(c) The tenant has abandoned the unit under Section 33 of this Act; or 11
(d) Permitted by law other than Sections 1 to 61 of this Act. 12
(2) A tenant shall not unreasonably withhold consent for the landlord to enter the 13
dwelling unit to: 14
(a) Inspect the unit; 15
(b) Make a necessary or agreed-to repair, alteration, or improvement; 16
(c) Supply a necessary or agreed-to service; or 17
(d) Exhibit the unit to a prospective or actual purchaser, mortgagee, tenant, 18
worker, or contractor or a public official responsible for enforcing a 19
building, housing, fire, or health code or other law. 20
(3) Except as otherwise provided in subsection (4) or (5) of this section, a landlord 21
may enter a dwelling unit only at a reasonable time and with the tenant’s consent 22
and shall give the tenant at least twenty -four (24) hours' notice of the intent to 23
enter the unit. 24
(4) For routine maintenance or pest control , a landlord may enter the dwelling unit 25
without the tenant’s consent if the landlord gives the tenant: 26
(a) At least seventy-two (72) hours' notice of the intent to enter the unit; or 27
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(b) A fixed schedule for maintenance or pest control at least seventy -two (72) 1
hours before the first scheduled entry into the unit. 2
(5) In an emergency or when maintenance or repairs are being made a t a tenant’s 3
request, the landlord may enter the dwelling unit without the tenant’s consent if 4
the landlord gives notice that is reasonable under the circumstances. If the 5
landlord enters the unit when the tenant is not present and notice was not given, 6
the landlord shall leave notice of the entry in a conspicuous place in the unit 7
stating the fact of entry, the date and time of entry, and the reason for the entry. 8
(6) When notice is given under this section before the landlord enters the unit, the 9
notice m ust state the intended purpose for the entry and the date and a 10
reasonable period during which the landlord anticipates making the entry. 11
(7) A landlord shall not abuse the right under this section to enter a tenant’s 12
dwelling unit or use the right to harass the tenant. 13
SECTION 36. KRS 383.700 IS REPEALED AND REENACTED AS A NEW 14
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 15
(1) If a tenant unreasonably refuses to allow the landlord access to the dwelling unit, 16
the landlord may recover actual damages or one (1) month’s periodic rent, 17
whichever is greater, and: 18
(a) The court may compel the tenant to grant the landlord access to the unit; or 19
(b) The landlord may terminate the lease by giving the tenant notice in a record 20
stating that if the tenant fails to grant the landlord access to the unit not 21
later than fourteen (14) days after the notice, the lease shall terminate on 22
expiration of the fourteen (14) day period or on a later specified date. 23
(2) If a landlord unlawfully enters a tenant’s dwelling unit, lawfully enters but in an 24
unreasonable manner, or makes repeated demands to enter that are otherwise 25
lawful but have the effect o f harassing the tenant, the tenant may recover actual 26
damages or one (1) month’s periodic rent, whichever is greater, and may: 27
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(a) Seek injunctive relief to prevent the recurrence of the conduct; or 1
(b) Terminate the lease by giving the landlord notice in a record that the lease 2
shall terminate immediately or on a later specified date which is not later 3
than thirty (30) days after notice is given. 4
SECTION 37. KRS 383.695 IS REPEALED AND REENACTED AS A NEW 5
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 6
(1) A periodic tenancy continues until the landlord or tenant gives the other the 7
notice under subsection (2) of this section. 8
(2) Except as otherwise provided in Sections 1 to 61 of this Act, a landlord or tenant 9
may terminate a periodic tenancy: 10
(a) For week -to-week, by giving the other at least five (5) days' notice in a 11
record of the party’s intent to terminate the tenancy on a specified date; and 12
(b) For month-to-month, by giving the other at least one (1) month's notice in a 13
record of the party’s intent to terminate the tenancy at the end of the 14
monthly period. 15
SECTION 38. KRS 383.685 IS REPEALED AND REENACTED AS A NEW 16
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 17
(1) Except as otherwi se provided in subsection (2) of this section and subsection 18
(1)(b)2. of Section 24 of this Act, if a tenant remains in possession without the 19
landlord’s consent after expiration of a tenancy for a fixed term or termination of 20
a periodic tenancy, the landl ord may bring an action for possession. If the 21
tenant’s holdover is willful, the landlord may recover three (3) times the periodic 22
rent or three (3) times the actual damages, whichever is greater. 23
(2) Unless a landlord and tenant otherwise agree in a record, if the tenant remains in 24
possession with the landlord’s consent after expiration of a tenancy for a fixed 25
term, a periodic tenancy for month -to-month arises under the same terms as the 26
expired lease. 27
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SECTION 39. A NE W SECTION OF KRS CHAPTER 383 IS CREATED TO 1
READ AS FOLLOWS: 2
(1) If a sole tenant under a lease dies before the end of a tenancy for a fixed term or 3
a periodic tenancy, the tenant’s surviving spouse, partner in a civil union, or 4
domestic partner who resides in the dwelling unit may assume the lease by giving 5
the landlord notice in a record not later than twenty (20) days after the tenant’s 6
death stating the intent of the spouse or partner to assume the lease. On assuming 7
the lease, the spouse or partner becomes the tenant under the lease. 8
(2) Except as otherwise provided in this section or law other than Sections 1 to 61 of 9
this Act, a landlord or tenant representative may terminate the lease of a deceased 10
tenant by giving to the other and to a surviving spou se, partner in a civil union, 11
or domestic partner of the tenant who resides in the dwelling unit notice in a 12
record. The notice must state the lease shall terminate on a specified date, which 13
must be at least thirty (30) days after the notice in the case of a tenancy for a 14
fixed term or a specified date consistent with subsection (2) of Section 37 of this 15
Act in the case of a periodic tenancy. Notice sent to a surviving spouse or partner 16
must also state that the surviving spouse or partner has twenty (20) days after 17
receipt of the notice to assume the lease. If the surviving spouse or partner 18
assumes the lease, the spouse or partner becomes the tenant under the lease. 19
(3) If a deceased tenant is survived by a spouse, partner in a civil union, or domestic 20
partner who resides in the dwelling unit, notice to terminate a lease under 21
subsection (2) of this section shall not be given before the time specified in 22
subsection (1) of this section expires. 23
(4) If a landlord is unable to contact a deceased tenant’s surv iving spouse, partner in 24
a civil union, or domestic partner who resides in the dwelling unit or tenant 25
representative for the purpose of terminating the lease under subsection (2) of 26
this section, the landlord may terminate the lease without notice if rent that was 27
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due was not paid for at least twenty-five (25) days. 1
SECTION 40. KRS 383.705 IS REPEALED AND REENACTED AS A NEW 2
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 3
(1) A landlord shall not engage in conduct describe d in subsection (2) of this section 4
if the landlord’s purpose is to retaliate against a tenant who: 5
(a) Complained to a governmental agency responsible for enforcement of a 6
building, housing, fire, or health code or other law, alleging a violation 7
applicable to the premises materially affecting the health or safety of the 8
tenant or immediate family member; 9
(b) Complained to a governmental agency responsible for enforcement of laws 10
prohibiting discrimination in rental housing; 11
(c) Complained to the landlord of noncompliance with the lease or Section 16 12
of this Act; 13
(d) Organized or became a member of a tenant’s union or similar organization; 14
(e) Exercised or attempted to exercise a right or remedy under the lease, 15
Sections 1 to 61 of this Act, or law other than Sections 1 to 61 of this Act; or 16
(f) Pursued an action or administrative remedy against the landlord or testified 17
against the landlord in court or an administrative proceeding. 18
(2) Actions that may constitute retaliatory conduct under subsection (1) of this 19
section include doing or threatening to do any of the following: 20
(a) Increasing the rent or fees; 21
(b) Decreasing services, increasing th e tenant’s obligations, imposing different 22
rules on, or selectively enforcing the landlord’s rules against, the tenant or 23
immediate family member, or otherwise materially altering the terms of the 24
lease; 25
(c) Bringing an action for possession on a ground ot her than nonpayment of 26
rent; 27
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(d) Refusing to renew a tenancy for a fixed term under a lease containing a 1
renewal option that is exercisable by the tenant without negotiation with the 2
landlord, for any period after the lease would otherwise terminate; 3
(e) Terminating a periodic tenancy; or 4
(f) Committing a criminal act against the tenant, immediate family member, or 5
guest. 6
(3) A landlord is not liable for retaliation under this section if: 7
(a) The violation of which the tenant complained under subsection (1 )(a) or (b) 8
of this section was caused primarily by the tenant, immediate family 9
member, or guest; 10
(b) The tenant’s conduct described in subsection (1) of this section was in an 11
unreasonable manner or at an unreasonable time or was repeated in a 12
manner harassing the landlord; 13
(c) The tenant was in default in the payment of rent at the time notice of the 14
action described in subsection (2)(c) of this section was sent; 15
(d) The tenant, immediate family member, or guest engaged in conduct that 16
threatened the health or safety of another tenant on the premises; 17
(e) The tenant, immediate family member, or guest engaged in a criminal act; 18
(f) The landlord is seeking to recover possession based on a notice to terminate 19
the lease and the notice was given to the tenant before the tenant engaged in 20
conduct described in subsection (1) of this section; or 21
(g) The landlord is complying or complied with a building, housing, fire, or 22
health code or other law by making a required repair, alteration, 23
remodeling, or demolition that effectively deprives the tenant of the use and 24
enjoyment of the premises. 25
SECTION 41. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 26
READ AS FOLLOWS: 27
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(1) If a landlord’s purpose for engaging in conduct described in s ubsection (2) of 1
Section 40 of this Act is to retaliate against the tenant for conduct described in 2
subsection (1) of Section 40 of this Act: 3
(a) The tenant has a defense against an action for possession, may recover 4
possession, or may terminate the lease; and 5
(b) The tenant may recover three (3) times the periodic rent or three (3) times 6
the actual damages, whichever is greater. 7
(2) If a tenant terminates a lease under subsection (1) of this section, the landlord 8
shall return any security deposit and unearned rent to which the tenant is entitled 9
under Section 59 of this Act. 10
(3) A tenant’s exercise of a right under this section does not release the landlord 11
from liability under Section 21 of this Act. 12
SECTION 42. A NEW S ECTION OF KRS CHAPTER 383 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) Except as otherwise provided in subsection (2) of this section, evidence that a 15
tenant engaged in conduct described in subsection (1) of Section 40 of this Act 16
within six (6) months before the la ndlord’s alleged retaliatory conduct creates a 17
rebuttable presumption that the purpose of the landlord’s conduct was retaliation. 18
(2) A presumption does not arise under subsection (1) of this section if the tenant 19
engaged in conduct described in subsection (1) of Section 40 of this Act after the 20
landlord gave the tenant notice of the landlord’s intent to engage in conduct 21
described in subsection (2)(a) to (e) of Section 40 of this Act. 22
(3) A landlord may rebut a presumption under subsection (1) of this sect ion by a 23
preponderance of evidence showing that the landlord had sufficient justification 24
for engaging in the conduct that created the presumption and would have 25
engaged in the conduct in the same manner and at the same time whether or not 26
the tenant engag ed in conduct described in subsection (1) of Section 40 of this 27
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Act. 1
SECTION 43. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 2
READ AS FOLLOWS: 3
If a tenant engages in conduct described in subsection (1)(a) or (e) of Section 40 of this 4
Act knowing there is no factual or legal basis for the conduct, the landlord may recover 5
actual damages and the court may award the landlord up to three (3) times th e periodic 6
rent. 7
SECTION 44. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 8
READ AS FOLLOWS: 9
(1) For purposes of Sections 44, 45, and 46 of this Act, possession of a dwelling unit 10
is relinquished to the landlord when: 11
(a) The tenant vacates the unit at the termination of the tenancy; or 12
(b) The tenant abandons the unit under Section 33 of this Act. 13
(2) If personal property remains on the premises after possession of a dwelling unit is 14
relinquished to the landlord and the landlord and tenant do not agree otherwise 15
at the time of relinquishment, the landlord shall: 16
(a) Subject to subsection (3) of this section, give the tenant notice in a record of 17
the tenant’s right to retrieve the property; and 18
(b) Leave the property in t he unit or store the property on the premises or in 19
another place of safekeeping and exercise reasonable care in moving or 20
storing the property. 21
(3) The notice required by subsection (2)(a) of this section must be posted at the 22
dwelling unit and: 23
(a) Sent to any forwarding address the tenant provided to the landlord or an 24
address provided under Section 8 of this Act or, if no address is provided, to 25
the address of the unit; 26
(b) Inform the tenant of the right to contact the landlord to claim the property 27
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within the period specified in subsection (4) of this section, subject to 1
payment of the landlord’s inventorying, moving, and storage costs; and 2
(c) Provide a telephone number, email address, or mailing address at which the 3
landlord may be contacted. 4
(4) If a tenant contacts the landlord to claim personal property not later than eight 5
(8) days after the landlord gives notice under subsection (2)(a) of this section, the 6
landlord shall permit the tenant to retrieve personal property not later than five 7
(5) days after the date of contact or within a longer period to which the parties 8
agree. 9
(5) A landlord may require the tenant to pay reasonable inventorying, moving, and 10
storage costs before retrieving personal property under subsection (4) of this 11
section. 12
(6) This section does not prohibit a landlord from immediately disposing of 13
perishable food, hazardous material, garbage, and trash or transferring an 14
animal to an animal control officer, humane society, or other person willing to 15
care for the animal. 16
(7) Unless a landlord and tenant otherwise agree, if the tenant fails to contact the 17
landlord or retrieve personal property as provided in subsection (4) of this 18
section, the property is deemed abandoned and: 19
(a) If a sale is economically feasible, the landlord sha ll sell the property and, 20
after deducting the reasonable cost of inventorying, moving, storing, and 21
disposing of the property, shall treat the proceeds as part of the tenant’s 22
security deposit; or 23
(b) If a sale is not economically feasible, the landlord ma y dispose of the 24
property in any manner the landlord considers appropriate. 25
(8) A landlord that complies with this section is not liable to the tenant or another 26
person for a claim arising from removal of personal property from the premises. 27
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(9) A landlord that recovers possession of a dwelling unit under a court order is not 1
required to comply with this section. If a landlord that recovers possession under 2
a court order complies with this section, that landlord is not liable to the tenant or 3
another perso n for a claim arising from removal of personal property from the 4
premises. 5
SECTION 45. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 6
READ AS FOLLOWS: 7
(1) If a landlord knows that a tenant who was the sole occupant of th e dwelling unit 8
has died, the landlord: 9
(a) Shall notify a tenant representative of the death; 10
(b) Shall give the representative access to the premises at a reasonable time to 11
remove any personal property from the unit and other personal property of 12
the tenant elsewhere on the premises; 13
(c) May require the representative to prepare and sign an inventory of the 14
property being removed; and 15
(d) Shall pay the representative the deceased tenant's security deposit and 16
unearned rent to which the tenant otherwise would have been entitled under 17
Section 59 of this Act. 18
(2) A contact person or heir accepts appointment as a tenant representative by 19
exercising authority under Sections 1 to 61 of this Act or other assertion or 20
conduct indicating acceptance. 21
(3) The authority of a contact person or heir to act under Sections 1 to 61 of this Act 22
terminates when the person, heir, or landlord knows that a personal 23
representative has been appointed for the deceased tenant’s estate. 24
(4) A landlord that complies with this section is not liable to the tenant’s estate or 25
another person fo r unearned rent, a security deposit, or a claim arising from 26
removal of personal property from the premises. 27
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(5) A landlord that willfully violates subsection (1) of this section is liable to the 1
estate of the deceased tenant for actual damages. 2
(6) In addition to the rights provided in this section, a tenant representative has the 3
deceased tenant’s rights and responsibilities under Section 44 of this Act. 4
SECTION 46. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 5
READ AS FOLLOWS: 6
(1) If a landlord knows of the death of a tenant who, at the time of death, was the 7
sole occupant of the dwelling unit, and the landlord terminates the lease under 8
subsection (4) of Section 39 of this Act because the landlord is unable to contact a 9
tenant representative, the landlord: 10
(a) Shall mail notice to the tenant at the tenant’s last -known address or other 11
address of the tenant known to the landlord and to any person the tenant 12
has told the landlord to contact in the case of an emergency stating: 13
1. The name of the tenant and address of the dwelling unit; 14
2. The approximate date of the tenant’s death; 15
3. That, if the personal property on the premises is not claimed within 16
sixty (60) days after the notice was sent, the property is subject to 17
disposal by the landlord; and 18
4. The landlord’s name, telephone number, and mail or email address at 19
which the landlord may be contacted to claim the property; and 20
(b) With the exercise of reasonable care, may leave the property in the dwelling 21
unit or inventory the property and store it on the premises or in another 22
place of safekeeping. 23
(2) If a tenant representative is subsequently identified, the representative may 24
retrieve the deceased tenant ’s personal property from the landlord not later than 25
sixty (60) days after the notice under subsection (1) of this section. The landlord 26
may require the representative to pay the reasonable inventorying, moving, and 27
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storage costs before retrieving the property. 1
(3) If a deceased tenant’s personal property is not retrieved within the time specified 2
in subsection (2) of this section, the landlord may dispose of the property in 3
compliance with subsection (7) of Section 44 of this Act. 4
(4) A landlord that com plies with this section is not liable to the tenant’s estate or 5
another person for a claim arising from removal of personal property from the 6
premises. 7
SECTION 47. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 8
READ AS FOLLOWS: 9
As used in Sections 47 to 55 of this Act: 10
(1) "Attesting third party" means a law enforcement official, licensed health care 11
professional, victim advocate, or victim services provider; 12
(2) "Dating violence" has the same meaning as "dating violence and abuse" in KRS 13
456.010; 14
(3) "Domestic violence" has the same meaning as "domestic violence and abuse" in 15
KRS 403.720; 16
(4) "Perpetrator" means an individual who commits an act of domestic violence, 17
dating violence, stalking, or sexual assault on a tenant or immediate family 18
member; 19
(5) "Sexual assault" means conduct prohibited as any degree of rape, sodomy, or 20
sexual abuse under KRS Chapter 510 or incest under KRS 530.020; 21
(6) "Stalking" has the same meaning as "stalk" in KRS 508.130; 22
(7) "Victim advocate" means an individual, whether paid or serving as a volunteer, 23
who provides services to victims of domestic violence, dating violence, stalking, or 24
sexual assault under the auspices or supervision of a victim services provider, 25
court, or law enforcement or prosecution agency; and 26
(8) "Victim services provider": 27
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(a) Means a person that assists victims of domestic violence, dating violence, 1
stalking, or sexual assault; and 2
(b) Includes a rape crisis center, domestic violence shelter, or faith -based 3
organization or other organization with a history of work concerning 4
domestic violence, dating violence, stalking, or sexual assault. 5
SECTION 48. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 6
READ AS FOLLOWS: 7
(1) Subject to subsection (5) of this section, if a victim of an act of domestic violence, 8
dating violence, stalking, or sexual assault is a tenant or immediate family 9
member and has a reasonab le fear of suffering psychological harm or a further 10
act of domestic violence, dating violence, stalking, or sexual assault if the victim 11
continues to reside in the dwelling unit, the tenant, without the necessity of the 12
landlord’s consent, is released fro m the lease if the tenant gives the landlord a 13
notice that complies with subsection (2) of this section and: 14
(a) A copy of a court order that restrains a perpetrator from contact with the 15
tenant or immediate family member; 16
(b) Evidence of the conviction or adjudication of a perpetrator for an act of 17
domestic violence, dating violence, stalking, or sexual assault against the 18
tenant or immediate family member; or 19
(c) A verification that complies with Section 50 of this Act. 20
(2) To be released from a lease un der subsection (1) of this section, the tenant must 21
give the landlord notice in a record which: 22
(a) States the tenant’s intent to be released from the lease on a date which must 23
be at least thirty (30) days from the date of the notice or, if the perpetrato r is 24
a cotenant of the dwelling unit, an earlier date; 25
(b) States facts giving rise to the fear of psychological harm or suffering a 26
further act of domestic violence, dating violence, stalking, or sexual assault 27
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if the victim continues to reside in the unit; and 1
(c) Is given to the landlord: 2
1. Not later than ninety (90) days after an act of domestic violence, 3
dating violence, stalking, or sexual assault against the tenant or 4
immediate family member; 5
2. When a court order exists that restrains a perpetra tor from contact 6
with the tenant or immediate family member because of an act of 7
domestic violence, dating violence, stalking, or sexual assault; or 8
3. If the perpetrator was incarcerated, not later than ninety (90) days 9
after the tenant acquired knowledg e that the perpetrator is no longer 10
incarcerated. 11
(3) If there is only one (1) individual tenant of the dwelling unit: 12
(a) A release under subsection (1) of this section terminates the lease on the 13
date specified in the notice under subsection (2) of this section if the tenant 14
vacates the dwelling unit on or before that date; and 15
(b) The tenant is not liable for rent accruing after the lease terminates or other 16
actual damages resulting from termination of the lease, but the tenant 17
remains liable to the lan dlord for rent and other amounts owed to the 18
landlord before termination of the lease. 19
(4) If there are multiple individual tenants of the dwelling unit: 20
(a) The tenant who gave notice under subsection (2) of this section is released 21
from the lease as of t he date specified in the notice if the tenant vacates the 22
dwelling unit on or before the specified date, but the release of one (1) 23
tenant under this section does not terminate the lease with respect to other 24
tenants; 25
(b) The tenant released from the lease is not liable to the landlord or any other 26
person for rent accruing after the tenant’s release or actual damages 27
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resulting from the tenant’s release; 1
(c) Any other tenant under the lease may recover from the perpetrator actual 2
damages resulting from the termination; and 3
(d) The landlord is not required to return to the tenant released from the lease 4
or a remaining tenant any security deposit or unearned rent to which the 5
tenant is otherwise entitled under Section 59 of this Act until the lease 6
terminates with respect to all tenants. 7
(5) This section does not apply if a tenant seeking the release from the lease is a 8
perpetrator. 9
SECTION 49. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 10
READ AS FOLLOWS: 11
If a tenant is released from a lease under Section 48 of this Act, the landlord: 12
(1) Except as otherwise provided in subsection (4)(d) of Section 48 of this Act, shall 13
return any security deposit and unearned rent to which the tenant is entitled 14
under Section 59 of this Act after the tenant vacates the dwelling unit; 15
(2) Shall not assess a fee or penalty against the tenant for exercising a right granted 16
under Section 48 of this Act; and 17
(3) Shall not disclose information required to be reported to the landlord under 18
Section 48 of this Act unless the: 19
(a) Tenant provides specific, time -limited, and contemporaneous consent to the 20
disclosure in a record signed by the tenant; or 21
(b) Information is required to be disclosed by a court order or law other than 22
Sections 1 to 61 of this Act. 23
SECTION 50. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 24
READ AS FOLLOWS: 25
(1) A verification given by a tenant under subsectio n (1)(c) of Section 48 of this Act 26
shall be under oath and include: 27
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(a) From the tenant: 1
1. The tenant’s name and the address of the dwelling unit; 2
2. The approximate dates on which an act of domestic violence, dating 3
violence, stalking, or sexual assault occurred; 4
3. The approximate date of the most recent act of domestic violence, 5
dating violence, stalking, or sexual assault; 6
4. A statement that because of an act of domestic violence, dating 7
violence, stalking, or sexual assault, the tenant or immedi ate family 8
member has a reasonable fear that the tenant or family member will 9
suffer psychological harm or a further act of domestic violence, dating 10
violence, stalking, or sexual assault if the tenant or family member 11
continues to reside in the unit; and 12
5. A statement that the representations in the verification are true and 13
accurate to the best of the tenant’s knowledge and the tenant 14
understands that the verification could be used as evidence in court; 15
and 16
(b) From an attesting third party: 17
1. The name, business address, and business telephone number of the 18
party; 19
2. The capacity in which the party received the information regarding 20
the act of domestic violence, dating violence, stalking, or sexual 21
assault; 22
3. A statement that the party has read the ten ant’s verification and been 23
advised by the tenant that the tenant or immediate family member is 24
the victim of an act of domestic violence, dating violence, stalking, or 25
sexual assault and has a reasonable fear that the tenant or family 26
member will suffer p sychological harm or a further act of domestic 27
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violence, dating violence, stalking, or sexual assault if the tenant or 1
family member continues to reside in the dwelling unit; and 2
4. A statement that the party, based on the tenant’s verification, believes 3
the tenant and understands that the verification may be used as the 4
ground for releasing the tenant from a lease or terminating the 5
tenant’s interest under the lease. 6
(2) If a verification given to a landlord by a tenant under subsection (1)(c) of Section 7
48 of this Act contains a representation of a material fact known by the tenant to 8
be false, the landlord may recover an amount not to exceed three (3) times the 9
periodic rent or three (3) times actual damages, whichever is greater. 10
SECTION 51. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 11
READ AS FOLLOWS: 12
(1) A landlord may recover from a perpetrator actual damages resulting from a 13
tenant’s exercise of a right under Section 48 of this Act and, if the perpetrator is a 14
party to the lease who remains in possession of the dwelling unit, hold the 15
perpetrator liable on the lease for all obligations under the lease or Sections 1 to 16
61 of this Act. 17
(2) A perpetrator shall not recover actual damages or other relief resulting fro m the 18
exercise of a right by a tenant under Section 48 of this Act or a landlord under 19
this section. 20
SECTION 52. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) Subject to subsections (2) and (3) of t his section, if a tenant or immediate family 23
member is a victim of an act of domestic violence, dating violence, stalking, or 24
sexual assault and the tenant has a reasonable fear that the perpetrator or other 25
person acting on the perpetrator’s behalf may at tempt to gain access to the 26
dwelling unit, the tenant, without the landlord’s consent, may cause the locks or 27
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other security devices for the unit to be changed or rekeyed in a professional 1
manner and shall give a key or other means of access for the new lo cks or 2
security devices to the landlord and any other tenant, other than the perpetrator, 3
that is a party to the lease. 4
(2) If locks or other security devices are changed or rekeyed under subsection (1) of 5
this section, the landlord may change or rekey the m, at the tenant’s expense, to 6
ensure compatibility with the landlord’s master key or other means of access or 7
otherwise accommodate the landlord’s reasonable commercial needs. 8
(3) If a perpetrator is a party to the lease, locks or other security devices s hall not be 9
changed or rekeyed under subsection (1) of this section unless a court order, 10
other than an ex parte order, expressly requires that the perpetrator vacate the 11
dwelling unit or restrains the perpetrator from contact with the tenant or 12
immediate family member and a copy of the order has been given to the landlord. 13
(4) A perpetrator shall not recover actual damages or other relief against a landlord 14
or tenant resulting from the exercise of a right by the landlord or tenant under 15
this section. 16
SECTION 53. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 17
READ AS FOLLOWS: 18
(1) On issuance of a court order requiring a perpetrator to vacate a dwelling unit 19
because of an act of domestic violence, dating violence, stalk ing, or sexual 20
assault, other than an ex parte order, neither the landlord nor tenant has a duty 21
to: 22
(a) Allow the perpetrator access to the unit unless accompanied by a law 23
enforcement officer; or 24
(b) Provide the perpetrator with any means of access to the unit. 25
(2) If a perpetrator is a party to the lease, on issuance of a court order requiring the 26
perpetrator to vacate the dwelling unit, other than an ex parte order, the 27
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perpetrator’s interest under the lease terminates, and the landlord and any 1
remaining tenant may recover from the perpetrator actual damages resulting 2
from the termination. 3
(3) Termination of a perpetrator’s interest under a lease under this section does not 4
terminate the interest of any other tenant under the lease or alter the obligati ons 5
of any other tenant under the lease. 6
(4) A landlord is not required to return to a perpetrator whose interest under the 7
lease terminates under this section or to any remaining tenant any security 8
deposit or unearned rent until the lease terminates with respect to all tenants. 9
SECTION 54. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 10
READ AS FOLLOWS: 11
(1) If a landlord has a reasonable belief that a tenant or immediate family member is 12
the victim of an act of domestic violence, dating violence, stalking, or sexual 13
assault and another tenant of the same landlord who resides in the same building 14
as the tenant is the perpetrator, the landlord may terminate the perpetrator’s 15
interest in the lease by giving the perpetrator n otice in a record that the 16
perpetrator’s interest will terminate immediately or on a later specified date, 17
which is not later than thirty (30) days after notice is given. The notice must state 18
that the landlord has a reasonable belief that the perpetrator has committed an 19
act of domestic violence, dating violence, stalking, or sexual assault and the 20
approximate date of the act. 21
(2) Before giving notice to a perpetrator under subsection (1) of this section, the 22
landlord shall give notice of the landlord’s in tent to terminate the perpetrator’s 23
interest to the tenant who was the victim of the act of domestic violence, dating 24
violence, stalking, or sexual assault or whose immediate family member was the 25
victim. This notice may be given by any means reasonably ca lculated to reach the 26
tenant, including oral communication, notice in a record, or notice sent to the 27
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tenant at any other address at which the landlord reasonably believes the tenant 1
is located. 2
(3) Failure of a tenant to receive the notice of the landlord ’s intent to terminate the 3
perpetrator’s interest under subsection (2) of this section does not affect the 4
landlord’s right to terminate under this section or expose the landlord to any 5
liability. 6
(4) If a landlord terminates a perpetrator’s interest unde r a lease under this section, 7
any other tenant under the lease may recover from the perpetrator actual 8
damages resulting from the termination. 9
(5) Termination of a perpetrator’s interest under a lease under this section does not 10
terminate the interest of a ny other tenant under the lease or alter the obligations 11
of any other tenant under the lease. 12
(6) A landlord is not required to return to a perpetrator whose interest under a lease 13
is terminated under this section or to any other tenant under the lease any 14
security deposit or unearned rent until the lease terminates with respect to all 15
tenants. 16
(7) In an action between a landlord and tenant involving the right of the landlord to 17
terminate the tenant’s interest under this section, the landlord must prove by a 18
preponderance of the evidence that the landlord had a reasonable belief that the 19
tenant was a perpetrator. 20
SECTION 55. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 21
READ AS FOLLOWS: 22
(1) As used in this section, "tenant" includes an applicant seeking to enter into a 23
lease with a landlord. 24
(2) Except as otherwise provided in subsections (4) and (5) of this section, a landlord 25
shall not do or threaten to do any act in subsection (2) of Secti on 40 of this Act if 26
the landlord’s purpose for engaging in the conduct is that: 27
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(a) An act of domestic violence, dating violence, stalking, or sexual assault 1
committed against the tenant or immediate family member resulted in a 2
violation of the lease or Sections 1 to 61 of this Act by the tenant; or 3
(b) A complaint of an act of domestic violence, dating violence, stalking, or 4
sexual assault committed against the tenant or immediate family member 5
resulted in a law enforcement or emergency response. 6
(3) Except as otherwise provided in subsection (4) of this section, a landlord shall not 7
refuse or threaten to refuse to rent a dwelling unit if the landlord’s purpose for 8
the refusal or threat is that a tenant or an immediate family member is or has 9
been the victim of an act of domestic violence, dating violence, stalking, or sexual 10
assault. 11
(4) Evidence that any of the events described in subsection (2) or (3) of this section 12
occurred within six (6) months before the landlord’s conduct creates a 13
presumption that the purpose of the landlord’s conduct was retaliation. The 14
landlord may rebut the presumption by a preponderance of evidence showing that 15
the landlord had sufficient justification for engaging in the conduct described in 16
subsection (2) or (3) of this section and would have engaged in the conduct in the 17
same manner and at the same time regardless whether the events described in 18
subsection (2) or (3) of this section occurred. 19
(5) A landlord may terminate the lease of a tenant by giving the tenant notice in a 20
record that the lease will terminate on a date specified in the notice, which must 21
be at least thirty (30) days after notice is given if: 22
(a) Without the landlord’s permission, the tenant invited a perpetrator onto the 23
premises or allowed a perpetrator to occupy the dwelling unit: 24
1. After the landlord gave the tenant notice in a record to refrain from 25
inviting the perpetrator onto the premises; or 26
2. During a time the tenant knows the perpetrator is subject to a no -27
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contact court order or a court order barr ing the perpetrator from the 1
premises; and 2
(b) The landlord demonstrates that: 3
1. There is an actual and imminent threat to the health or safety of any 4
individual on the premises, the landlord, or the landlord’s agent if the 5
lease is not terminated; or 6
2. The perpetrator has damaged the premises. 7
(6) If a landlord willfully violates sub section (2) or (3) of this section, the tenant or 8
prospective tenant may recover three (3) times the periodic rent or three (3) times 9
actual damages, whichever is greater, and: 10
(a) Terminate the lease; 11
(b) Defend an action for possession on the ground that the landlord violated 12
subsection (2) of this section; or 13
(c) Obtain appropriate injunctive relief. 14
SECTION 56. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 15
READ AS FOLLOWS: 16
(1) As used in Sections 56 to 59 of this Act , "bank account" means a checking, 17
demand, time, savings, passbook, or similar account maintained at a bank. 18
(2) Except as otherwise provided in subsections (3) and (4) of this section, a landlord 19
shall not require the tenant to pay or agree to pay a secur ity deposit, prepaid rent, 20
or any combination thereof, in an amount that exceeds two (2) times the periodic 21
rent. 22
(3) The limit established in subsection (2) of this section does not include the first 23
month’s rent or fees. 24
(4) Except as otherwise provided by law other than Sections 1 to 61 of this Act, if a 25
tenant keeps a pet on the premises or is permitted by the lease to make alterations 26
to the premises, the landlord may require the tenant to pay an additional security 27
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deposit in an amount commensurate w ith the additional risk of damage to the 1
premises. 2
SECTION 57. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) The following rules apply to a landlord’s interest in a security deposit: 5
(a) The landlord’s interest is limited to a security interest; 6
(b) Notwithstanding law other than Sections 1 to 61 of this Act, the landlord’s 7
security interest is effective against and has priority over each creditor of 8
and transferee from the tenant; and 9
(c) Subject to subsection (3) of this section, a creditor of and transferee from 10
the landlord can acquire no greater interest in a security deposit than the 11
interest of the landlord. 12
(2) The following rules apply to a tenant’s interest in a security deposit: 13
(a) Notwithstanding law other than Sections 1 to 61 of this Act, the tenant’s 14
interest has priority over any right of setoff the bank in which the account is 15
maintained may have for obligations owed to the bank other than charges 16
normally associated with the bank’s maintenance of the account; 17
(b) The tenant’s interest is not adversely affected if the deposit is commingled 18
with the deposits of other tenants; and 19
(c) The effect of commingling other than that allowed in paragraph (b) of this 20
subsection is determined by law other than Sections 1 to 61 of this Act. 21
(3) Subsection (1)(c) of this section does not abrogate generally applicable rules of 22
law enabling a transferee of funds to take the funds free of competing claims. 23
SECTION 58. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 24
READ AS FOLLOWS: 25
(1) With respect to funds constituting a security deposit, a landlord: 26
(a) Shall maintain the ability to identify the funds: 27
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1. By holding the funds in a bank account that is used exclusivel y for 1
security deposits, that is maintained with a bank doing business in this 2
Commonwealth, and the title of which indicates that it contains 3
security deposits; and 4
2. By maintaining records that indicate at all times the amount of the 5
funds attributable to each tenant whose funds are being held in the 6
account; and 7
(b) May commingle the funds received from other tenants as security deposits 8
in the same bank account but s hall not commingle other funds, including 9
the landlord’s personal or business funds, in the account. 10
(2) If a landlord fails to comply with subsection (1) of this section, the tenant may 11
recover actual damages or damages equal to one (1) times the periodic rent, 12
whichever is greater. 13
(3) A bank in which a landlord deposits funds constituting a security deposit has no 14
duty to ensure that the landlord properly applies the funds. 15
(4) Unless a lease provides otherwise, the landlord is not required to deposit a 16
security deposit into an interest -bearing account or to pay the tenant interest on 17
the deposit. 18
SECTION 59. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 19
READ AS FOLLOWS: 20
(1) After termination of a lease, the tenant is entitled to the amount by which the 21
security deposit and any unearned rent exceeds the amount the landlord is owed 22
under the lease or Sections 1 to 61 of this Act. 23
(2) Not later than thirty (30) days after a lease terminates and the tenant vacates the 24
premises, the landlord shall determine the amount the landlord believes the 25
tenant is entitled to under subsection (1) of this section and: 26
(a) Tender that amount to the tenant or, if the tenant has died, the tenant 27
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representative; 1
(b) Send that amount by fir st-class mail, postage prepaid, to an address 2
provided by the tenant or, if the tenant has died, the tenant representative 3
or, in the absence of that address, to the relevant address specified in 4
Section 8 of this Act; or 5
(c) Cause a funds transfer in tha t amount to be made, with the cost of transfer 6
paid, to a bank account designated by the tenant or, if the tenant has died, 7
the tenant's representative. 8
(3) If the amount under subsection (2) of this section is less than the sum of the 9
tenant’s security de posit and any unearned rent, the landlord shall provide the 10
tenant or tenant representative, within the period specified under subsection (2) 11
of this section, a record specifying each item of property damage or other 12
unfulfilled obligation of the tenant to which the security deposit or unearned rent 13
was applied and the amount applied to each item. 14
(4) If the amount to which the tenant is entitled under subsection (1) of this section is 15
greater than the amount paid to the tenant or tenant representative, th e tenant or 16
tenant representative may recover the difference. 17
(5) If a landlord fails to comply with subsection (2) or (3) of this section, the court 18
may award the tenant or tenant's representative, in addition to any amount 19
recoverable under subsection (4) of this section, two hundred fifty dollars ($250) 20
or two (2) times the amount recoverable under subsection (4) of this section, 21
whichever is greater, unless the landlord’s only noncompliance was the failure to 22
comply with subsection (2)(b) of this sect ion as a result of the inadvertent failure 23
to pay the cost of postage or transmission or to use the proper address. 24
(6) If a security deposit and unearned rent held by a landlord are insufficient to 25
satisfy the tenant’s obligations under the lease and Sect ions 1 to 61 of this Act, 26
the landlord may recover from the tenant the amount necessary to satisfy those 27
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obligations. 1
SECTION 60. A NEW SECTION OF KRS CHAPTER 383 IS CREATED TO 2
READ AS FOLLOWS: 3
(1) When a landlord’s interest in the premises terminates, the landlord shall: 4
(a) If the lease continues, not later than thirty (30) days after the termination of 5
the landlord’s interest, transfer to the person succeeding the landlord’s 6
interest in the premises any security depos it being held by the landlord and 7
notify the tenant in a record of the successor’s name and address, the 8
amount transferred, and any claim previously made against the security 9
deposit; or 10
(b) If the lease terminates as a result of the termination of the la ndlord’s 11
interest, comply with Section 59 of this Act. 12
(2) If a landlord dies before the termination of the lease, the personal representative 13
of the landlord’s estate becomes the landlord until the premises are distributed to 14
the successor. If the premise s are distributed to the successor before the 15
termination of the lease, the security deposit held by the representative must be 16
transferred to the successor and the representative shall notify the tenant in a 17
record of the successor’s name and address, the amount transferred to the 18
successor, and any claim previously made against the security deposit. If the 19
premises are not distributed to the successor before the termination of the lease, 20
the representative shall comply with Section 59 of this Act. 21
(3) If a landlord or personal representative of the landlord’s estate complies with 22
subsection (1) or (2) of this section, the landlord or the estate has no further 23
liability with respect to the security deposit. 24
(4) Except as otherwise provided in subsection (5) of this section, a successor to a 25
landlord’s interest in the premises has all rights and obligations of the landlord 26
under Sections 1 to 61 of this Act with respect to any security deposit held by the 27
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predecessor landlord which has not been returned to th e tenant, whether or not 1
the security deposit was transferred or distributed to the successor. 2
(5) If a landlord’s interest is terminated by foreclosure, the successor’s liability 3
under subsection (4) of this section is limited to the security deposit rece ived by 4
the successor. 5
SECTION 61. KRS 383.715 IS REPEALED AND REENACTED AS A NEW 6
SECTION OF KRS CHAPTER 383 TO READ AS FOLLOWS: 7
Sections 1 to 61 of this Act may be cited as the Uniform Residential Landlord and 8
Tenant Act. 9
Section 62. KRS 383.240 is amended to read as follows: 10
(1) Upon the return of the inquest the court shall enter a judgment according to the 11
inquisition, either for: 12
(a) The plaintiff, in substance, that he or she have restitution of the premises 13
aforesaid, and recover of the defendants his or her costs in this beh alf 14
expended;[ or for] 15
(b) The defendants, in substance, that they recover of the plaintiff their costs in 16
this behalf expended; or[ for] 17
(c) The plaintiff against some of the defendants, and for the other defendants 18
against the plaintiff, if some be found guilty and others not guilty. 19
(2) In addition to the relief authorized under subsection (1) of this section, the court 20
may grant the relief authorized under Section 27 of this Act. 21
Section 63. The following KRS sections are repealed: 22
383.300 Protections for person with rental or lease agreement who is protected by 23
domestic violence order or interpersonal protective order. 24
383.302 Prohibited inclusion in rental or lease agreement of authority to terminate on 25
the basis of tenant's request for assistance in emergencies. 26
383.500 Local governments authorized to adopt provisions of the Uniform Residential 27
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Landlord and Tenant Act in their entirety and without amendment. 1
383.505 Purposes -- Policies. 2
383.515 Construction. 3
383.525 Settlement of disputed claim or right. 4
383.540 Jurisdiction -- Service of process. 5
383.580 Security deposits. 6
383.620 Tenant's use and occupancy. 7
383.665 Tenant's failure to maintain. 8
Section 64. This Act shall apply only to a lease made on or after the effective 9
date of this Act. 10