Kentucky tenant repair rights

The landlord's duty

URLTA areas: the landlord must follow building and housing codes affecting health and safety, keep the home fit and habitable, keep common areas clean and safe, keep electrical, plumbing, heating, air-conditioning and appliances they supply working, and supply running water, reasonable hot water at all times and reasonable heat from October 1 to May 1 (KRS 383.595). Outside URLTA areas there is no general statewide habitability statute.

How to ask for repairs

URLTA areas: give the landlord a written notice describing the problem. For ending the lease: say the lease will end on a date at least 30 days after the landlord receives it if the problem is not fixed within 14 days. For repair-and-deduct: say you intend to fix it at the landlord's cost; the landlord has 14 days. Keep a copy and use certified mail.

Repair and deduct

URLTA areas only: allowed if the problem materially affects health and safety and the repair costs less than $100 or half a month's rent, whichever is more. Give written notice; if the landlord willfully fails to fix it within 14 days (or sooner in an emergency), you can have it fixed in a workmanlike way, pay in full, give the landlord an itemized statement, and deduct the cost from rent (KRS 383.635). If the landlord willfully cuts heat, water, hot water, electricity or gas, after written notice you may buy the service and deduct the cost, sue for reduced rental value, or move to substitute housing and not pay rent for that time (KRS 383.640). Not allowed if you or your guests caused the problem.

Withholding rent

not allowed as a general remedy; Kentucky has no rent escrow statute. URLTA areas allow only the specific repair-and-deduct and essential-services steps above, or ending the lease after notice (KRS 383.625).

Law

KRS 383.595, 383.625, 383.635, 383.640

URLTA areas: at least 2 days' notice, at reasonable times, except in an emergency or when notice is impracticable. You may not unreasonably refuse entry for inspection, repairs or showings. The landlord may not use entry to harass you (KRS 383.615). Outside URLTA areas: no statute.

URLTA areas only: the landlord may not raise rent, cut services, or file or threaten eviction because you complained to a code agency, complained to the landlord about repairs, or joined a tenants' union. A complaint within 1 year before the landlord's action creates a presumption of retaliation (not if you complained after notice of a rent increase). You can use it as a defense and recover up to 3 months' rent plus attorney's fees. The landlord can still evict if you are behind on rent or caused the code violation (KRS 383.705).