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A Kentucky lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms of renting a residential property. Typically, these agreements cover a fixed period, often one year, and include essential details such as the rental amount, duration of the lease, security deposit requirements, and rules regarding the use of the property.

Required Disclosures

Kentucky law mandates specific disclosures that must be included in residential lease agreements to inform tenants of important information regarding the rental property:

  1. Landlord’s Name and Address: The lease must include the name and address of the landlord or authorized agent to facilitate communication regarding legal notices.

  2. Move-In Inspection Checklist: Landlords must provide a checklist to document existing property damage before the tenant moves in. This checklist must be signed by both parties.

  3. Security Deposit Holdings Disclosure: If a security deposit is collected, landlords must disclose the institution and account number where the deposit will be held.

  4. Lead-Based Paint Disclosure: For properties built before 1978, landlords must provide a lead-based paint disclosure and an EPA-approved pamphlet about the dangers of lead-based paint.

Security Deposit Laws

  • Maximum Amount: Kentucky law does not impose a limit on the amount a landlord can charge for a security deposit.

  • Receipt Requirement: Landlords must provide a receipt for any security deposit accepted.

  • Returning the Deposit: Security deposits must be returned within 30 to 60 days after the lease termination, depending on whether there are disputes regarding deductions.

  • Withholding Rules: Landlords must provide an itemized list of damages and costs before withholding any part of the security deposit.

Rent Payment Laws

  • Grace Period: There is no mandatory grace period for rent payments; rent is due on the specified due date.

  • Late Fees: Landlords can charge late fees as specified in the lease agreement. The maximum late fee is $20 or 20% of the rent, whichever is greater.

  • NSF Fee: A landlord may charge a fee of $50 for a bounced check.

Additional Considerations

  • Automatic Renewal: Leases can automatically renew unless either party takes action to terminate the agreement.

  • Notarization: Lease agreements do not need to be notarized to be valid in Kentucky.

  • Termination of Lease: For month-to-month leases, a 30-day notice is required to terminate the agreement.

  • Landlord Right of Entry: Landlords must provide at least two days’ notice before entering the rental premises.

FAQs

In Kentucky, required disclosures in a lease agreement include the landlord’s name and address, a move-in checklist, security deposit holdings disclosure, and a lead-based paint disclosure for properties built before 1978. These disclosures ensure that tenants are informed about important aspects of their rental agreement and the property.

In Kentucky, a landlord must return a security deposit within 30 to 60 days after the lease’s termination, depending on whether the tenant disputes any deductions. If the tenant provides a forwarding address, the landlord is obligated to return the deposit within this timeframe.

Kentucky law does not impose a maximum limit on the amount a landlord can charge for a security deposit. However, landlords must provide a receipt for any deposit accepted and disclose where the deposit is held.

If a landlord fails to provide federally or state-mandated disclosures in Kentucky, they may face legal consequences, including potential fines or the inability to enforce certain lease provisions. This can lead to tenant lawsuits or penalties from state officials.

Yes, a lease agreement can automatically renew in Kentucky. Typically, if neither party takes action at the end of the initial tenancy period, the lease will renew for the same duration and under the same terms as the original agreement.

In Kentucky, the maximum late fee a landlord can charge is either $20 or 20% of the rent, whichever is greater. There is no grace period for late rent payments, and fees can be specified in the lease agreement.

No, lease agreements in Kentucky do not need to be notarized to be valid. While notarization can help establish the identity of the signers, it is not a requirement for the lease to be legally binding.

A Kentucky lease agreement should include details such as the property address, the names of the landlord and tenant, the rental amount, security deposit terms, payment due dates, and any rules regarding property use. This ensures clarity and helps prevent disputes.