Kentucky Month-to-Month Lease Agreement
A landlord and tenant can enter a tenancy at-will arrangement under a Kentucky month-to-month lease agreement. This frees up the parties from long-term binding agreements while guaranteeing rights protection. This type of agreement auto-renews monthly, provided none of the parties issues a termination notice.
Legal Aspects of a Month-to-Month Lease in Kentucky
Entering a Kentucky month-to-month lease agreementgives the landlord and tenant more flexibility. However, they must follow applicable state laws during this period.
Lease Termination & Renewal
- State law requires 30-day written notice from landlords or tenants to terminate the lease.
- Renews every month until either the tenant or the landlord issues a termination notice.
Rent Increases
- If a rental unit in Kentucky is leased month-to-month, landlords must provide tenants with a 30-day advance written notice in case of a rent increase.
- There’s no control over rent increases in the state.
Security Deposit
- Kentucky has no fixed limit on security deposit amounts. Generally, landlords charge an equivalent of one or two month’s rent.
- Rental laws require security deposits to be held in a separate account, with tenants informed of the account details.
- When moving in, landlords must provide a checklist of existing property conditions. The tenant must also complete the checklist before paying rent.
- Upon moving out, landlords must provide an itemized list explaining any deposit funds retained for repairs.
- Landlords must refund deposits, less any documented damages, within 30-60 days after moving out.
- Tenants have 60 days to dispute claimed damages.
- If landlords fail to use a separate account, they forfeit deposit withholding rights.
Tenant Rights
- Right to 30-day advance written notice from the landlord to terminate or modify the terms of the month-to-month rental agreement.
- Right to receive sufficient advance notice 30 days of any proposed rent increases.
- Right to habitable and code-compliant housing.
- Right to functional essential utilities as stipulated in the lease terms.
- Right to advanced notice from the landlord 48 hours before entry into the unit.
- Right to know the contact details of parties responsible for property oversight.
- Right to dispute unfair security deposit withholdings after move-out.
- Right to inspect the unit after landlord assessments to validate damage claims.
- Right to terminate the lease without further obligations if the unit suffers casualty damage.
- Right to formal court hearings in disputes before landlord-initiated lockouts or utility cutoffs.
- Right to end leases early due to factors like protective orders or military transfers.
- Rights against discrimination in housing.
Required Disclosures
State laws and regulations require that landlords make certain disclosures when offering a Kentucky month-to-month lease agreement. This ensures tenants have pertinent information on the condition of the property and obligations during the tenancy.
The mandated disclosures include:
- Lead-based paint: Landlords must disclose if lead-based paint is present in pre-1978 housing.
- Authorized contacts: Contact details must be provided for landlords, property managers, and others with access.
- Security deposit: Details on security deposit banking account location and account number must be shared.
- Checklist: When collecting a security deposit, written assessments of the property’s condition are required at the start and end of the tenancy.