Duties / Rights of Landlords & Tenants

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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.

>Renting Laws >Duties/Rights of Landlords & Tenants

DUTIES / RIGHTS OF LANDLORDS & TENANTS

The city of Lexington follows a law called the “Uniform Residential Landlord and Tenant Act” (aka, Landlord Tenant Act). Under this law, landlords and tenants are each obligated to fulfill certain duties that you should be aware of. When these duties are not fulfilled, there are many types of action that could be taken against the landlord or tenant (see Landlord Noncompliance and Tenant Noncompliance).

Some of the duties in the Landlord Tenant Act require that both tenant and landlord comply with Lexington’s Building and Housing Codes. You should be aware of the Codes that are specific to you and your landlord.

Keep in mind that any of the following duties are the official laws, but you and your landlord may have a relationship that goes outside of these rules. It is most important to worry about your relationship with your landlord (see Advice On Dealing With Landlords). If you have questions or would like more information about the following rights and duties, contact Tenant Services.

Click on any of the links below for a list of duties and rights:

Landlord Duties

Tenant Duties

Tenant Rights

Landlord Duties

General Duties - Under the Landlord Tenant Act, the Landlord must:

(When requiring a security deposit) Present the tenant with a comprehensive list of all existing damages before the tenant moves in and when tenant moves out. This list must be signed by both the landlord and tenant before the landlord can keep or use any of the Security Deposit. The tenant must also be given a statement of the estimated cost of repairs.
Place security deposits in a bank account used only for that purpose, and inform the tenant of the location and number of the account.
Notify the tenant, at the tenant’s last known address, of any needed repairs from the tenant’s residency and/or of any of the security deposit that needs to be refunded.
Disclose, in writing, the name and address of the person authorized to manage the premises and the owner or the person authorized to act for the owner. This information must be kept current, even if the landlord changes.
Supply running water and reasonable amounts of hot water at all times. Supply reasonable heat between October 1 and May 1. This is unless the tenant is responsible for these Utilities.
Not Retaliate by increasing rent, decreasing services or by bringing or threatening to bring an action for possession after: a) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the property affecting health and safety; b) the tenant has complained to the landlord of a violation under the Landlord Tenant Act; c) the tenant has organized or become a member of a tenant union or similar organization.
Refund prepaid rent when the lease is terminated early under certain conditions (see Ending The Lease Early).

Building and Housing Codes - The landlord must also comply with Lexington Building and Housing Codes. According to these Codes, the landlord must:

Do whatever is necessary to put and keep the property in a fit and habitable condition. Make all repairs.

Keep the outside and inside appearance of the house/building in good condition.

Provide at least one electric light fixture (with at least one 60 watt light bulb every 30 feet) for every public hallway, interior stairway, bathroom, laundry room, and furnace room.

Provide tenants with a toilet, bath sink, bathtub, and kitchen sink. Keep them properly connected, sanitary and in safe working order at all times.

Keep the inside and outside of the apartment in a clean and safe condition.

Provide every apartment with an EXIT that leads directly to an outside public way. For every apartment that is more than 2 stories above ground level provide at least 2 independent, approved exits leading directly to the outside ground level. All doors in the path of the exit ways must be easily opened from the inside without the use of a key, special knowledge or effort.

Keep all outsider stairs, porches, balconies, and/or fire escapes clear of mud, standing water, debris, or other safety hazards.

Provide, repair and/or replace handrails for stairs both outside and inside of the apartment that are more than 4 stairs high.

Provide a directly wired smoke detector on every story of a house or building and in every apartment near the sleeping area (so that when it is activated, the sound is loud enough to wake up tenants). Make sure these smoke detectors are in working condition at all times.

Make sure all fire alarms, fire extinguishers, sprinkler systems, and/or standpipe hose stations are kept in working condition.

Keep the outside premises of the apartment clean of litter, rubbish or garbage.

Replace any unsanitary or deteriorating carpet in the apartment with new flooring.

Prevent any infestations of rats, vermin, insects, rodents, and other pests. Provide extermination measures in all public and outside areas of the property as well.

Remove mold and mildew buildup on any walls, ceilings and/or floor surfaces.

Rid of collections of flammable or explosive materials form the property (including paint, oil, cleaning fluid, paper, rags, and other materials).

Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances (including elevators) required to be supplied by the landlord.

Take all proper safety measures for electrical outlets and wiring. Keep electrical systems inspected and upgraded.

Replace loose, broken or missing faceplate covers on all outlets and switches.

Repair all electrical problems.

Keep all provided kitchen appliances sanitary and in proper working condition (includes stoves, ovens, refrigerators, dishwashers, garbage disposals, etc.).

Maintain and keep in working condition the water heater, gas supply lines, storm water drainage system, sewage drain lines, furnace/heating equipment, heating ducts/registers, and thermostat/temperature control mechanism.

Tenant Duties

General Duties - Under the Landlord Tenant Act, the Tenant must:

Follow all rules and conditions set out in the Lease, as long as it is fair and does not contain any provisions prohibited by the Act or other laws.
Move out of the rental unit at the end of the lease (the date should be stated on the lease) unless an agreement has been met with the landlord to extend tenancy beyond the lease period.
Follow the correct procedures concerning Security Deposits.
Pay rent on time (usually the FIRST OF EVERY MONTH unless otherwise stated in the lease) and in the agreed manner (by registered mail, in person, or however you and your landlord have agreed to have the rent paid). If the tenancy is week-to-week, unless the rental agreement fixes a different term, the tenant must pay weekly.
Allow the landlord to enter the apartment as long as the landlord has given 2-days notice ahead of time (except in the case of an emergency) (see FAQ). The landlord must have the ability to fairly inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or show the apartment to prospective or actual purchasers, mortgages, tenants, workmen, or contractors. YOU DO NOT HAVE TO LET THE LANDLORD IN IF S/HE HAS NOT GIVEN 2-DAYS NOTICE.
Give landlord proper written Notice of:

Termination of the rental agreement (see Ending Tenancy)

The need for repairs

The intention to do repairs yourself

Your absence for more than 7 days

Not misuse any electrical, plumbing, sanitary, heating, ventilating, air-conditioning or other facility and appliance (including elevators) on the property you are renting (see Tenant Noncompliance).
Not deliberately or carelessly destroy, deface, damage, impair, or remove any part of the premises. Do not allow any other person to do so (see Tenant Noncompliance).
Not disturb the neighbors’ peaceful enjoyment of their property (see Noise Violations).

Building and Housing Codes - The tenant must also comply with Lexington Building and Housing Codes. According to these Codes:

Keep the property as clean and as safe as possible, given the condition of the apartment.

It is illegal for you to tamper with a smoke detector in any way that disables it or renders it ineffective to sound a suitable alarm.

You must adequately clean any unsanitary kitchen areas, cooking facilities, toilets, bath sinks, bathtub/showers, kitchen sinks, and interior living spaces.

You are responsible for maintaining the rat-free condition of your apartment. You may need to take some kind of continual extermination measures to rid of rats, insects, rodents, and other pests within all spaces of the apartment.

Dispose of all ashes, garbage, rubbish, and other waste inside and outside of your apartment in a sanitary manner by putting it in a garbage container.
You must clean all litter, rubbish, or garbage from your yard area (if you have one).
Keep all plumbing fixtures that you use as clean as their condition permits. You must remove mold and mildew from bathroom and plumbing fixtures.
Any equipment or fixtures that you furnish must be properly installed.

Tenant Rights

Under the Landlord Tenant Act, the Tenant has the right to:

Receive a comprehensive list of damages from the landlord. Both the landlord and tenant must sign the list. The list must cover the existing damages of the apartment at the time that you move in, and a separate list must cover the damages in the apartment after you move out. After the you have moved out, you cannot be charged for repairs for damages made during the tenancy unless the Damage Lists are made before and after residency and you have received a statement of the estimated cost of repairs.
The name of the bank where your Security Deposit is on deposit and the account number.
Compliance by the landlord with the obligations of landlords under Lexington housing codes affecting health and safety.
Be advised, in writing, of the name and address of the person authorized to manage the premises and the person authorized to act for the owner.
Have all electric, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances (including elevators) supplied or required to be supplied, in good and safe working order and condition.
Running water and reasonable amounts of hot water at all times, and heat between October 1 and May 1. This is unless the tenant is responsible for these Utilities.
Receive the utilities called for in the rental agreement. If such utilities are not provided, to receive relief under certain conditions.
Make repairs and deduct the cost from the rent, but ONLY under certain conditions (see Maintenance Neglect).
Two days’ notice before the landlord enters the apartment, except in case of emergency. YOU DO NOT HAVE TO LET THE LANDLORD IN IF S/HE HAS NOT GIVEN 2-DAYS NOTICE (unless there is an emergency).
Terminate a rental agreement on 30 days’ notice for the Landlord’s Noncompliance, except if: a) the landlord complies within 14 days from time of notice; b) the condition was caused by the tenant (see Ending The Lease Early).
Terminate a month-to-month tenancy on 30 days written notice, or a week-to-week tenancy on 7 days’ written notice (see Ending Tenancy).
Freedom from Retaliatory Action if the tenant: a) complains to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the property affecting health and safety; b) the tenant complains to the landlord about a violation; c) organizes or becomes a member of a tenant union or similar organization.
Refuse to waive any rights or remedies.
Be notified at the tenant’s last known address about what will happen to the tenant's Security Deposit (if there is one).