383.640 Wrongful failure to supply essential services.

211 words·~1 min read·/ky/chapter-383/383-640

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If, contrary to the rental agreement of KRS 383.595, the landlord willfully fails to

supply heat, running water, hot water, electric, gas, or other essential service, the

tenant may give written notice to the landlord specifying the breach and may:

(a)Procure reasonable amounts of heat, hot water, running water, electric, gas,

and the essential service during the period of the landlord's noncompliance

and deduct their actual and reasonable cost from the rent;

(b)Recover damages based upon the diminution in the fair rental value of the

dwelling unit; or

(c)Procure reasonable substitute housing during the period of the landlord's

noncompliance, in which case the tenant is excused from paying rent for the

period of the landlord's noncompliance.

(2)In addition to a remedy provided in paragraph

(c)of subsection

(1)the tenant may

recover reasonable attorney's fees.

(3)If the tenant proceeds under this section, he may not proceed under KRS 383.625 or

383.635 as to that breach.

(4)Rights of the tenant under this section do not arise until he has given notice to the

landlord or if the condition was caused by the deliberate or negligent act or

omission of the tenant, a member of his family, or other person on the premises

with his consent.