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Kentucky Landlord Tenant Law
383.580 Security deposits.
(1) All landlords of residential property requiring security deposits prior to occupancy shall be required to deposit all tenants' security deposits in an account used only for that purpose, in any bank or other lending institution subject to regulation by the Commonwealth of Kentucky or any agency of the U.S. government. Prospective tenants shall be informed of the location of the separate account and the account number.
(2) Prior to tendering any consideration deemed to be a security deposit, the prospective tenant shall be presented with a comprehensive listing of any then-existing damage to the unit which would be the basis for a charge against the security deposit and the estimated dollar cost of repairing such damage. The tenant shall have the right to inspect the premises to ascertain the accuracy of such listing prior to taking occupancy. The landlord and the tenant shall sign the listing, which signatures shall be conclusive evidence of the accuracy of such listing, but shall not be construed to be conclusive to latent defects. If the tenant shall refuse to sign such listing, he shall state specifically in writing the items on the list to which he dissents, and shall sign such statement of dissent.
(3) At the termination of occupancy, the landlord shall inspect the premises and compile a comprehensive listing of any damage to the unit which is the basis for any charge against the security deposit and the estimated dollar cost of repairing such damage. The tenant shall then have the right to inspect the premises to ascertain the accuracy of such listing. The landlord and the tenant shall sign the listing, which signatures shall be conclusive evidence of the accuracy of such listing. If the tenant shall refuse to sign such listing, he shall state specifically in writing the items on the list to which he dissents, and shall sign such statement of dissent.
(4) No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in a separate account as required by subsection (1) of this section and if the initial and final damage listings required by subsections (2) and (3) of this section are not provided.
(5) A tenant who disputes the accuracy of the final damage listing given pursuant to subsection (3) of this section may bring an action in District Court. Tenant's claim shall be limited to those items from which the tenant specifically dissented in accordance with the provisions of subsection (3) of this section, or except as otherwise provided, and if the tenant shall fail to sign the listing or specifically dissent in accordance with subsection (3) of this section, the tenant shall not be entitled to recover any damages under this section.
(6) In the event a tenant leaves not paying his last month's rent and does not demand a return of his deposit, the landlord may, after thirty (30) days, remove the deposit from the account and apply any such excess to the debt owing.
(7) In the event the tenant leaves not owing rent and having any refund due, the landlord shall send notification to the last known or reasonably determinable address, of the amount of any refund due the tenant. In the event the landlord shall not have received a response from the tenant within sixty (60) days from the sending of such notification, the landlord may remove the deposit from the account and retain it free from any claim of the tenant or any person claiming in his behalf.
383.010 Recovery of rent -- Interest -- Persons entitled to and liable for.
(1) Rent may be recovered by distress, attachment or action, and shall bear six percent (6%) interest per annum from the time it is due.
(2) If the owner or holder alienates or assigns his estate, term or the rent thereafter to fall due thereon, the alienee or assignee may recover the rent that falls due thereafter.
(3) The personal representative of a person to whom any rent was due and unpaid at the time of his death shall have the same remedy by action or by distress, for the recovery of the arrears of such rent, that the decedent would have had if living.
(4) A person entitled to rents depending upon the life of another may, notwithstanding the death of the latter, have the same remedy, by action or distress, for the rents in arrears, as he might have had if such person were living.
(5) Rent may be recovered from the lessee or other person owing it, or his assignee or undertenant, or the representative of either by any of the remedies given in this chapter. But, the assignee or subtenant shall be liable only for the rent accrued after his interest began.
(6) The same remedies to recover arrearages of rent due on a lease for life or lives shall be allowed as if the lease were for years. History through 1968: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2299, 2304, 2305, 2318, 2319, 2321.
383.020 Property subject to distress or attachment for rent -- Damages for illegal distraint, attachment, or wrongful removal.
(1) A distress warrant or attachment for rent shall bind, and may be levied upon, any personal property of the original tenant found in the county, and the personal property of the assignee or undertenant found on the leased premises. If the tenant has removed his property to another county, the distress or attachment may be directed to that county.
(2) If property is distrained for any rent not due, or attached for any rent not due or accruing, or taken under any attachment sued out without good cause, the owner of the property may, in an action against the party suing out the warrant of distress or the attachment, recover double damages for the wrongful seizure, and if the property is sold, for double the value thereof.
(3) Any person who wrongfully takes or removes property distrained or attached for rent, from any person having the legal custody of it, shall be liable to the person aggrieved for treble damages, with costs. If the property distrained, after the wrongful taking or removal, comes to the possession of the owner by his wrongful procurement, he shall in like manner be liable to the person aggrieved. History through 1968: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2307, 2312, 2313.
383.030 Attachment for rent -- Procedure.
(1) If any person is liable for rent due not later than one year thereafter, whether payable in money or some other thing, the person to whom the rent is owing or his agent or attorney may file an affidavit in the district court if the amount involved is less than $1,500 and otherwise in the Circuit Court of the county in which the tenement lies, stating that there are reasonable grounds for belief, and that he does believe, that unless an attachment is issued he will lose his rent. The court shall then issue an attachment for the rent against the personal property of the person liable for the rent, to any county the person suing out the attachment may desire. But the attachment shall not issue until the plaintiff has given bond, with good surety, to indemnify the defendant should it appear that the attachment has been wrongfully obtained.
(2) Attachments for rent issued shall be returned before the court issuing the attachment. The proceedings thereon shall be the same as on other attachments according to KRS Chapter 425 and the Rules of Civil Procedure.
(3) The defendant may deny the tenancy or his liability to pay rent, as stated in the affidavit. He may repossess himself of the property by executing bond in a manner similar to that prescribed in KRS Chapter 425, subject to similar proceedings if forfeited, as is prescribed by KRS Chapter 425 and the Rules of Civil Procedure on such a bond. History through 1968: Amended 1966 Ky. Acts ch. 255, sec. 263. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2302, 2303.
383.070 Lien for rent -- Priority of.
(1) A landlord renting premises for farming or coal mining purposes shall have a lien on the produce of the premises rented and the fixtures, household furniture, and other personal property owned by the tenant, or undertenant, after possession is taken under the lease, but the lien shall not be for more than one year's rent due and to become due, nor for any rent which has been due for more than eleven months.
(2) Every other landlord shall have a lien on the fixtures, household furniture, and other personal property of the tenant or undertenant, from the time possession is taken under the lease, to secure the landlord in the payment of four months' rent, due or to become due, but such lien shall not be effective for any rent which is past due for more than one hundred and twenty days.
(3) If sued out within one hundred and twenty days from the time the rent is due, a distress or attachment for rent secured by a lien under subsection (1) or subsection (2) shall, to the extent of four months' rent, be superior to and satisfied before other liens upon the personal property of a lessee, assignee or undertenant, created while the property is on the leased premises, whether the rent accrued before or after the creation of the other liens. If the rent is for premises leased for coal mining purposes, the superiority given the lien by this subsection shall be to the extent of one year's rent.
(4) If any property subject to a lien under this section is removed openly from the leased premises, without fraudulent intent, and not returned, the landlord's lien given by this section shall continue on the property so removed only for fifteen days from the date of its removal. The landlord may enforce his lien against the property wherever found. History through 1968: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2316, 2317.
383.080 Rights of other lienholders on property of tenant as against landlord.
(1) If, after the commencement of any tenancy, a lien is created on the property upon the leased premises liable for rent, the party making or acquiring the lien may remove the property from the premises only after paying to the person entitled to the rent so much as is in arrears, and securing to him so much as is to become due; what is so paid and secured not being more altogether than rent for the period of time for which the landlord has a lien under KRS 383.070.
(2) If the property is taken under execution or attachment, the officer shall, out of the proceeds of the property found on the leased premises and levied on or taken by him, make payment of the rent payable in money; in an amount equal to that for which the landlord has a lien under KRS 383.070, unless a bond of indemnity is executed. The plaintiff in the execution or attachment may compel a sale of the property under his process by executing to the officer a bond of indemnity such as provided for in KRS Ch. 425, and the remedy provided in KRS Ch. 425 and the Rules of Civil Procedure, on a bond of indemnity, shall operate in favor of the person to whom the rent is payable or other claimant of the property on the bond.
(3) All valid liens upon the personal property of a lessee, assignee, or undertenant, created before the property is carried upon the leased premises, shall prevail against a distress warrant or attachment for rent. History through 1968: Amended 1966 Ky. Acts ch. 255, sec. 264. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2314, 2315, 2316.
383.160 Holding over beyond term -- Tenancy created by -- Rights of parties.
(1) If, by contract, a term or tenancy for a year or more is to expire on a certain day, the tenant shall abandon the premises on that day, unless by express contract he secures the right to remain longer. If without such contract the tenant shall hold over, he shall not thereby acquire any right to hold or remain on the premises for ninety days after said day, and possession may be recovered without demand or notice if proceedings are instituted within that time. But, if proceedings are not instituted within ninety days after the day of expiration, then none shall be allowed until the expiration of one year from the day the term or tenancy expired. At the end of that year the tenant shall abandon the premises without demand or notice, or stand in the same relation to his landlord that he did at the expiration of the term or tenancy aforesaid; and so from year to year, until he abandons the premises, is turned out of possession, or makes a new contract.
(2) If by contract a tenancy for less than a year is to expire on a certain day, the tenant shall abandon the premises on that day unless by express contract he secures the right to remain longer. If without such contract the tenant shall hold over he shall not thereby acquire any right to hold or remain on the premises for thirty days after said day, and the possession may be recovered without demand or notice if proceedings are instituted within that time. But, if proceedings are not instituted within thirty days after the day of expiration, then none shall be allowed until the expiration of sixty days from the day the tenancy expired. At the end of that sixty days the tenant shall abandon the premises without demand or notice, or stand in the same relation to his landlord that he did at the expiration of the tenancy aforesaid; and so on from time to time until he abandons the premises, is turned out of possession, or makes a new contract. History through 1968: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2295, 2296.
383.195 Termination of tenancy at will or by sufferance. In those jurisdictions where the Uniform Residential Landlord and Tenant Act is not in effect, a tenancy at will or by sufferance may be terminated by the landlord giving one (1) month's notice, in writing, to the tenant requiring him to remove. FORCIBLE ENTRY AND DETAINER 383.200 Definitions of forcible entry and detainer.
(1) The words "possession," "entry," "detainer," in KRS 383.200 to 383.285, refer to lands and tenants.
(2) A forcible entry is:
(a) An entry without the consent of the person having the actual possession;
(b) As to landlord, an entry upon the possession of his tenant at will or by sufferance, whether with or without the tenant's consent.
(3) A forcible detainer is:
(a) The refusal of a tenant to give possession to his landlord after the expiration of his term; or of a tenant at will or by sufferance to give possession to the landlord after the determination of his will;
(b) The refusal of a tenant of a person who has made a forcible entry to give possession, on demand, to the person upon whose possession the forcible entry was made;
(c) The refusal of a person who has made a forcible entry upon the possession of one who acquired it by a forcible entry to give possession, on demand, to him upon whose possession the first forcible entry was made;
(d) The refusal of a person who has made a forcible entry upon the possession of a tenant for a term to deliver possession to the landlord, upon demand, after the term expires; and, if the term expires whilst a writ of forcible entry sued out by the tenant is pending, the landlord may, at his cost and for his benefit, prosecute it in the name of the tenant. History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 452. 383.210 Issual and form of warrant -- Jury not summoned unless demanded.
(1) Upon complaint by a person aggrieved by a forcible entry or detainer to the District Court of the county in which the land or tenement, or a principal part thereof, lies, a warrant shall issue to the sheriff or any constable, in substance as follows: "The Commonwealth of Kentucky to the sheriff (or any constable) of .... county: Whereas, A B hath made complaint that C D and E F did, on the .... day of ...., forcibly enter into (or forcibly detain from the said A B) one (1) house and field on the waters of ...., in the county aforesaid (or other general description of the lands or tenements), which were in the peaceable possession of A B (or which the said C D and E F, tenants of the said A B, now hold against him): You are, therefore, commanded to summon a good and lawful jury of your county to meet on the premises, or at a place convenient thereto, on the .... day of ...., to inquire into the forcible entry (or forcible detainer) aforesaid; and give to the said C D and E F at least three (3) days' notice of the time and place of the meeting of the jury; and have then there this writ. Witness, etc."
(2) In the trial of writs of forcible entry, forcible detainer or forcible entry and detainer, if neither party, in person or by agent or attorney, demand a jury, the trial thereof shall be by the court. No such writ shall hereafter direct the summoning of a jury, and the sheriff or other officer to whose hands such writ may come to do execution thereof shall not summon a jury in such proceedings, unless he be by either party notified in writing that a jury is demanded. At the calling of the cause for trial either party may demand a jury. History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 454. -- C.C. sec. 454 amended 1888 Ky. Acts ch. 1336, secs. 1 and 2. 383.215 Execution of warrant. The officer shall give to each defendant notice, according to the directions of the warrant, and no inquiry shall be made against any defendant who has not been notified as aforesaid. If, however, the notice have been given to a defendant, but not three days before the day of the meeting of the jury, the inquest shall, on his motion, be adjourned until the expiration of the three days. History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 455.
383.220 Return of warrant -- Jury -- Oath. At the time for holding the inquisition, the officer shall return the warrant to the court with an indorsement stating when and upon whom it was executed and the place designated by the officer for holding the inquisition, together with a panel of the jury; whereupon, the clerk, whether the defendant is present or not, shall administer an oath to the jurors in substance as follows: "You, and each of you, shall well and truly inquire into and return whether or not the defendant (or defendants) is (or are) guilty of the forcible entry (or detainer) complained of in the warrant in this cause: so help you God." History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec.
456. 383.230 Witnesses, subpoenas and coercion of attendance. The court may issue subpoenas for witnesses at the request of either party, and their attendance and testifying may be coerced by the court which conducts the inquest. History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec.
458. 383.235 Verdict -- Procedure in case of disagreement. The jurors, after hearing the evidence, shall, by their inquest, say whether the defendants, or either of them, be guilty or not guilty of the forcible entry or detainer complained of; and shall return their inquest, signed by one of their body, to the court. If the jury do not agree, it may be discharged, and another be ordered to be summoned to meet, either immediately or at some future day to be then and there fixed and indorsed on the warrant; and this proceeding shall be continued until a jury agree. History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec.
459. 383.240 Form of judgment. Upon the return of the inquest the court shall enter a judgment according to the inquisition, either for the plaintiff, in substance, that he have restitution of the premises aforesaid, and recover of the defendants his costs in this behalf expended; or for the defendants, in substance, that they recover of the plaintiff their costs in this behalf expended; or for the plaintiff against some of the defendants, and for the other defendants against the plaintiff, if some be found guilty and others not guilty. History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec.
460. 383.245 Proceedings upon failure to file appeal -- Form and issual of warrant of restitution. If the party against whom the inquisition is found fails to file an appeal of the inquisition with the court, on or before the seventh day after the finding of the inquest, the court shall, on request, issue execution for the costs; and, if the inquisition be in favor of the plaintiff, it shall also issue a warrant of restitution in substance as follows:
".... County.
To the sheriff (or any constable) of .... county,
Whereas, C D and E F have been found guilty of a forcible entry in (or detainer of) one house and field, lying on the waters of ...., in the county aforesaid (or other general description of the possessions), to the injury of A B: You are, therefore, in the name of the Commonwealth of Kentucky, commanded that, with the power of the county if necessary, you put the said A B in the possession of said premises; and make return within .... days, how you have executed this warrant. Given under my hand this .... day of .............................District Court Judge"
History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 461.
383.255 Time for filing appeal -- Deposit of money with clerk -- Return of papers or transcript to circuit court.
(1) If either party conceive himself aggrieved by the judgment of the court, he may file an appeal within seven (7) days next after the finding aforesaid, and shall deposit with the circuit court clerk the amount of rent owing and due from the onset of the forcible entry and detainer proceedings as well as the amount of all future rents, as it becomes owing and due in each succeeding month during the pendency of the appeal. The rental moneys collected in this account shall be distributed by court order at the conclusion of an appeal.
(2) Upon the aggrieved party perfecting his appeal by the payment of moneys into court pursuant to subsection (1) of this section the court shall stay all further proceedings on the inquisition, and return the whole of the papers and proceedings, or a fair transcript thereof, to the office of the circuit court of said county, within ten days thereafter. History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 463. 383.260 Recovery of damages and expenses. Upon this deposit, if the appellant fails to prosecute his appeal, he and his surety shall be liable for the damages for withholding the possession which the appellee may be entitled to recover against the appellant, during the pendency of the appeal, either in the Circuit Court or Court of Appeals, as well as the reasonable expenses of the appellee in defending the appeal. History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec.
464. 383.270 Proceedings on judgments of circuit court. After a cause is returned to the circuit court, execution for cost, or for restitution, shall issue from the office of that court, according to the judgment in the cause. History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 466.
383.280 Actions for trespass, waste, rent or profits not barred. The proceedings under a writ of forcible entry or detainer shall not bar an action for trespass or waste or rent or mesne profits. History through 1968: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec.
468. 383.660 Tenant's noncompliance with rental agreement -- Failure to pay rent.
(1) Except as provided in KRS 383.505 to 383.715, if there is a material noncompliance by the tenant with the rental agreement or a material noncompliance with KRS 383.605 or 383.610, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen (14) days after receipt of the notice. If the breach is not remedied in fifteen (15) days, the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement.
(2) If rent is unpaid when due and the tenant fails to pay rent within seven (7) days after written notice by the landlord of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement.
(3) Except as provided in KRS 383.505 to 383.715, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or KRS 383.605 or 383.610. If the tenant's noncompliance is willful the landlord may recover actual damages and reasonable attorney's fees.
383.680 Landlord's lien or security interest -- Distraint for rent.
(1) A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before August 1, 1984.
(2) Distraint for rent is abolished.
383.685 Remedy after termination. If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees as provided in KRS 383.660(3). |