Common Mistakes

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This website provides information on renting for residency in Lexington, Kentucky. Renting laws change from city to city, and from state to state. You should NOT assume any of the information provided in this website applies to an area outside of Lexington.

COMMON MISTAKES

If you can avoid these mistakes, your experience as a tenant will be less stressful.

Many people:

Do Not Know About Their Tenant Rights

Do Not Know That If They Sign a Lease with Other Tenants, They Are ALL "Jointly and Severally Liable"

Do Not Read Their Leases Carefully

Do Not Keep Their Records

Move Into an Apartment Without Making a Damage List With the Landlord

Do Not Notify Their Landlord of Needed Repairs

Do Not Know How or When to Get Their Security Deposit Back

Do Not Know They Can Be Automatically Evicted From Their Apartment If They Ignore an Eviction Notice

Many people do not know about their tenant rights. As a result, landlords or other tenants mistreat them and they do not know what to do about it. You are NOT POWERLESS against your landlord! The purpose of this website is to inform you of your rights and give you some advice. For a general overview of your rights and responsibilities as a tenant, go to Tenant Rights. If you are having problems with your landlord, go to Landlord Noncompliance.

Many people do not know that if they sign a lease with other tenants, they are ALL "Jointly and Severally Liable." This means that each person who signs the lease is responsible for everything her/his roommate does. For example, if your roommate does not pay rent, you are as legally responsible for the rent as your roommate. The landlord is legally allowed to sue YOU for your roommate’s mistakes. You are all individually and jointly responsible for fulfilling the conditions of the lease. Be sure to read Sharing An Apartment if you are going to sign a lease with other tenants.

Many people do not read their leases carefully. As a result, they do not know what they are legally required to do in the lease, even though they have signed it. If the terms in the lease are not fulfilled (even by accident) a tenant might end up getting sued or evicted (see Reading Your Lease for more).

Many people do not keep their records. Tenants often throw away their lease or other important notices. You should KEEP EVERYTHING that your landlord sends to you or that you send to your landlord as a precaution in case you end up in court later. See Introductory Advice for more.

Many people move into an apartment without making out a damage list with the landlord. If the landlord collects a Security Deposit from you, then you should make sure you complete a Damage List when you move in. Otherwise, you have no proof that a part of the apartment was damaged BEFORE you got there. If your landlord is a good liar, s/he could keep your security deposit and claim that you performed the damage. You may not be able to hold up your side of the argument in court; but if you have a damage list you are guaranteed proof that you did not perform the damage.

Many people do not notify their landlord of needed repairs. If something in your apartment needs to be repaired, it is YOUR legal responsibility to call the landlord and ask her/him to fix it. If you do not notify the landlord, you are breaking the law and the landlord could sue you for any serious damage that results from the neglected repair (see Giving Notice).

Many people do not know how or when they can get their security deposit back after moving out of an apartment. Usually the tenant’s lease states WHEN a security deposit will be returned to the tenant (90 days is a standard number). If the lease does not state when the deposit will be returned, then there is no set date. The law does not require the deposit to be returned within any certain time. Either way, if you have not received your deposit back from your landlord, then s/he may not have your current address. Call the landlord and leave a mailing address. If you still do not receive your deposit back after a considerable amount of time has passed, you may have to take the landlord to court to get your money back. Contact Tenant Services for advice.

If you get an eviction notice and you do not show up for court on the date specified on the notice, you will be automatically evicted from your apartment! Many people do not know that they have a right to defend themselves in court. If you are being unfairly Evicted from your apartment, you MUST SHOW UP IN COURT to defend your side of the story or else you will automatically be evicted.