383.645 Landlord's noncompliance as defense to action for possession or rent.
181 words·~1 min read·
/ky/chapter-383/383-645A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In an action for possession based upon nonpayment of the rent or in an action for
rent when the tenant is in possession, the tenant may counterclaim for any amount
he may recover under the rental agreement of KRS 383.565. In that event the court
from time to time may order the tenant to pay into court all or part of the rent
accrued and thereafter accruing, and shall determine the amount due to each party.
The party to whom a net amount is owed shall be paid first from the money paid
into court, and the balance by the other party. If no rent remains due after
application of this section, judgment shall be entered for the tenant in the action for
possession. If the defense or counterclaim by the tenant is without merit and is not
raised in good faith, the landlord may recover reasonable attorney's fees.
(2)In an action for rent when the tenant is not in possession, he may counterclaim as
provided in subsection
(1)but is not required to pay any rent into court.