383.300 Protections for person with rental or lease agreement who is
1,050 words·~5 min read·
/ky/383-300A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
protected by domestic violence order or interpersonal protective order.
(a)This section shall apply only to leases or rental agreements created or
renewed on or after June 29, 2017.
(b)A person who is both a named individual and a protected tenant shall not
be eligible for the protections under this section.
(2)As used in this section:
(a)"Named individual" means a person identified in the protective orders
listed in paragraph
(b)of this subsection as restrained from contact with
the protected tenant; and
(b)1. "Protected tenant" means a residential rental or leased housing
tenant, applicant for tenancy, or a tenant with a minor household
member, who is protected by a valid:
a. Domestic violence order issued pursuant to KRS 403.740
which restrains the adverse party from any unauthorized
contact; or
b. Interpersonal protective order issued pursuant to KRS 456.060
which restrains the adverse party from any unauthorized
contact.
2. For purposes of subsections
(3)and
(4)of this section, "protected
tenant" also means a residential rental or leased housing tenant,
applicant for tenancy, or a tenant with a minor household member
who is protected by a valid:
a. Emergency protective order issued pursuant to KRS 403.730;
b. Temporary interpersonal protective order issued pursuant to
KRS 456.040; or
c. Pretrial release no contact order issued pursuant to KRS
431.064.
(a)A landlord shall not terminate, fail to renew, refuse to enter into, or
otherwise retaliate in the renting or leasing of a residence because of the
person's status as a protected tenant.
(b)It shall be a defense to an action for possession of a rented or leased
residential property if the court determines that:
1. The tenant is a protected tenant; and
2. The notice to vacate is substantially based on acts which violated
the tenant's protective order or led to the issuance of a protective
order listed in subsection
(2)of this section, including an action for
possession based on complaints of noise, disturbances, or repeated
presence of peace officers.
(a)1. After informing the landlord of an intention to install a new lock, a
protected tenant, at his or her expense, may install a new lock to his
or her dwelling by:
a. Rekeying the lock if the lock is in good working condition; or
b. Replacing the entire locking mechanism with a locking
mechanism of equal or better quality than the lock being
replaced.
2. The tenant shall provide a key to the new lock to the landlord upon
request.
(b)Regardless of any provision in the lease or rental agreement, the landlord
may refuse to provide a key to the new lock to a named individual, even if
the named individual is a party to the lease or rental agreement.
(c)A named individual who has been excluded from leased or rented
property under this section remains liable for rent.
(a)For a protected tenant who obtains a valid protective order listed in
subsection (2)(b)1. of this section after entering into a lease or rental
agreement, the lease or rental agreement may be terminated by providing
the landlord with:
1. Written notice of termination to be effective on a date stated in the
notice that is at least thirty
(30)days after the landlord's receipt of
the notice; and
2. A copy of the valid protective order.
(b)For a protected tenant who obtains a valid protective order listed in
subsection (2)(b)1. of this section before entering into a lease or rental
agreement, the lease or rental agreement may be terminated by:
1. Providing the landlord with written notice of termination to be
effective on a date stated in the notice that is at least thirty
(30)days
after the landlord's receipt of the notice;
2. Attaching a copy of the valid protective order; and
3. Demonstrating a safety concern to the landlord that arises after
execution of the lease.
(c)Upon termination of a lease or rental agreement under this section, the
released protected tenant shall:
1. Be liable for the rent due under the lease or rental agreement
prorated to the effective date of the termination and payable at the
time that would have been required by the terms of the lease or
rental agreement;
2. Not receive a negative credit entry, a negative character reference,
or be liable for any other rent or fees due solely to the early
termination of the tenancy; and
3. Not be subject to any damages or penalties if a lease or rental
agreement is terminated under this subsection fourteen
(14)or more
days prior to occupancy.
(d)Regardless of whether the named individual is a party to a lease or rental
agreement terminated under this subsection, the named individual:
1. Is deemed to have interfered with the terminated lease or rental
agreement between the landlord and tenant; and
2. Shall be civilly liable for all economic losses incurred by the landlord
for the early lease termination, including unpaid rent, early lease
termination fees, commissions and advertising costs incurred in
reletting the premises, costs to repair damages to the premises, or
any reductions in rent previously granted to the protected tenant.
(6)Regardless of conflicting provisions in a named individual's rental agreement or
lease, if a named individual and a protected tenant are cotenants, a landlord
may:
(a)Refuse access to the property by a named individual unless the named
individual is specifically permitted access by court order; and
(b)Pursue all available legal remedies against the named individual,
including:
1. Termination of the named individual's rental agreement or lease;
2. Eviction of the named individual, whether or not a lease or rental
agreement between the landlord and the named individual exists;
and
3. Action for damages against the named individual for any unpaid rent
owed by the named individual or any damages resulting from a
violation of a valid protective order listed in subsection (2)(b)1. of
this section.
(7)Notwithstanding the release of a protected tenant or an exclusion of a named
individual from a lease or rental agreement under this section, if there are any
remaining tenants residing in the dwelling unit, the tenancy shall continue for
those tenants.
(8)A landlord is immune from civil liability if the landlord in good faith acts in
accordance with this section.