Episode 195: Location-Specific Tenancy Guidance for Kentucky
Summary
Today’s location-specific episode features Kentucky. We explore the overview of both of the housing guiding documents, one called Kentucky Uniform Residential Landlord and Tenant Act (URLTA) and the other is a Barren River Area District Rental Guidance. Each of my location-specific podcasts is set up the same way answering the same four questions:
1) What are the basics of the Kentucky Uniform Residential Landlord and Tenant Act (URLTA)
2) What are the nuances of this location – what is different that stands out? 3) Some guidance about abandoned items left behind by a tenant in a rental inKentucky
4) Where to get help in your local area in Kentucky.
Then I’ll go through what I call my “Bingo Card” of standard items I see most often in tenancy laws in different locations. This episode is NOT all inclusive – you must research further in your specific area including your County, Regional District, Parish, City or any other Governing Body that involves your rental location, but today’s episode will get you started!
This episode includes resources for Kentucky including:
Listen to the full episode :
This Week’s Blog Post:
Welcome to My Life As A Landlord, where we educate curious US and Canadian landlords, answer rental questions, and clear up confusions about all things housing. I'm your host, Doctor Jennifer Salisbury, and today we're exploring location specific tenancy guidelines for Kentucky.
The Four Questions We Always Answer
Each of my location specific podcast is set up in the exact same way, answering the same four questions each time. First, what are the basics of that location's tenancy laws, in this case, Kentucky. Second, what are the nuances about this location? What kind of stands out? What's different? Third, what is some guidance about abandoned items a tenant might leave behind regarding personal property? And for where to get help in your local area of Kentucky. What do you do? At the very end of the episode, I'll go through what I call my bingo card, which is my list of the most standard items I see when I do these locations specific episodes. I'll review what's there, what's missing, and even what's extra. I must tell you that there are likely more guiding documents than what I'm going to give to you here, and especially if you are an existing Kentucky landlord or about to be, you may know of some additional ones, especially after this recording. Even if I get 100% right on this recording, as soon as this is done and airs five minutes later, the laws could change. So you must do your own research for your own local areas, especially there are some nuances depending on which county you're in in Kentucky.
Security Deposits and Lease Requirements in Kentucky
Security deposit means an escrow payment made to the landlord under the rental agreement, for the purpose of securing the landlord against financial loss due to damage to the premises occasioned by the tenant's occupancy, other than ordinary wear and tear. All landlords of residential property require security deposits prior to occupancy shall be required to deposit all tenant security deposits in an accounts used only for that purpose in any bank or lending institution, subject to regulation by the Commonwealth of Kentucky or any agency of the US government. Prospective tenants shall be informed of the location under the separate account and the account number. Before paying a deposit, which sometimes equals 1 or 2 months rent, so it looks like it could depend 1 or 2 month's rent, up to two month's rent for security deposit. The lease, the binding legal agreement, should contain a number of things: description of the premises, length of time the lease is to be, in fact name and address of the landlord or the owner who receives legal notices on his or her behalf, amount of the rent, it's due date, where it should be paid, associated late charges, termination requirements, landlords rules and regulation, and whose responsibility for utility payments to include lawn mowing and gardening, if that's applicable, and snow removal.
Entry Rights, Late Rent, and Evictions
A tenant has to agree. They cannot unreasonably withhold consent to the landlord to enter the dwelling, to inspect, make necessary agreed upon repairs, decorations, alterations, improvements, supply necessary agreed services, or exhibit the dwelling unit to prospective or actual purchasers. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it's impracticable to do so, the landlord shall give the tenant at least two days notice of intent to enter, and may only enter at reasonable times. If rent is unpaid when due and the tenant fails to pay the rent within seven days after written notice by the landlord of non-payment and intention to terminate the rental agreement, if the rent is not paid, the landlord may terminate the rental agreement. So seven days. The landlord may deliver written notice to the tenant specifying acts and omissions constituting a breach in the lease, and that the rental agreement will terminate not less than 14 days after the receipt. If the breach is not remedied in 15 days, the rental agreement shall terminate. Basically they have to smarten up.
Holdover Tenancies and Abandonment
The landlord and tenant may terminate a week to week tenancy by written notice given to each other seven days before the termination, or if it's month to month tenancy that's terminating by written notice given to the other party at least 30 days before the periodic rental date. If the tenant remains in possession without the landlord's consent after the expiration of the term of the rental agreement or its termination, landlord may be in action for possession. And if the tenant's hold over is willful and not in good faith, basically they're squatting, then the landlord can recover the amount not more than three months periodic rent. So that means that they've got to get out. It does not automatically convert. If the rental agreement requires the tenant to give notice the landlord of an anticipated extended absence in excess of seven days, the tenant willfully fails to do so, the landlord may recover actual damages from the tenant. During any absence from the of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary. And if the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at fair rental.
Resources and the Challenge of Kentucky Information
I'm actually kind of surprised that it's so disjointed. We don't seem to have a whole lot of other resources here, which kind of surprises me. If you are a Kentucky landlord and you are just new or you're about to be a Kentucky landlord, make sure you are asking questions in your local area because usually this is super easy. There is the Barron River Area Renters Handbook, and this does not apply to everywhere in Kentucky. This is only in certain counties: Allen, Barron, Butler, Edmonson, Hart, Logan, Metcalfe, Monroe, Simpson, Warren. If one of these counties is you, this may still be valid, but you also want to make sure you're looking at the right thing because it could be a little bit different based on where you are. You've got the Kentucky Legal Aid, the Kentucky Bar Association, and several regional offices you can call. If you are a seasoned Kentucky landlord, even if you're not seasoned, just reach out to me because I think we need some more help on this one from somebody that's got boots on the ground rentals in Kentucky. Real estate takes you places. Where do you want real estate to take you?