Update on Recent Legislation for Landlords

 

 House Bill 309 was signed into law by Governor Bevin on April 11, 2017.  This bill makes changes to KRS 383 (Landlord-Tenant Act) to provide protections to a tenant who is a victim of domestic abuse.

 

 

 

 

    • Creates a new section of KRS Chapter 383 (Landlord-Tenant Act) to provide that residential tenants who hold a domestic violence order, a pretrial release no-contact order, or an interpersonal protective order may terminate a lease with at least 30 days’ notice to landlords, while the lease continues for co-tenants and prohibits the landlord from penalizing the credit report of the tenant.

 

    • It establishes a civil action for a landlord's economic losses due to termination against persons restrained by protective orders.  The individual 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 re-letting the premises, costs to repair damages to the premises, or any reductions in rent previously granted to the protected tenant.

 

    • For those tenants, or applicants for tenancy, who hold an emergency protective order, a domestic violence order, a pretrial release no-contact order, an interpersonal protective order, or a temporary interpersonal protective order, those orders cannot serve as a basis for denying a lease. 

 

    • After notice given to the landlord, new locks may be installed by the tenant at tenant’s expense.

 

    • Gives the landlord civil immunity if acting in good faith under this act.  If a landlord enforces a rental agreement or lease containing provisions known by the landlord to be prohibited by this law, the tenant may recover actual damages sustained by the tenant, reasonable attorney's fees, and all other costs incurred in bringing the action, and punitive damages of not more than two (2) months of periodic rent.

 

    • Creates a new section of KRS Chapter 383 to provide that rental agreements shall not penalize tenants for requesting assistance from emergency services.

 

 

 

 

 

 

House Bill 112 was signed into law by Governor Bevin on March 20, 2017.  This bill makes changes to KRS 258 that defines who is considered as an owner of a dog.  This bill was enacted to clarify that the landlord of a leased property is not considered the owner of a tenant’s dog.  The specific changes are as follows:

 

 

 

“Owner,” when applied to the proprietorship of a dog, includes:

 

 

    1. Every person having a right of property in the dog; and

 

    1. Every person who:
        1. Keeps or harbors the dog; [or]

        1. Has the dog [it] in his care; [or]

        1. Permits the dog [it] to remain on or about premises owned and[or] occupied by him; or 

        1. Permits the dog[it] to remain on or about premises owned and[or] occupied by him; or

        1. Permits the dog to remain on or about premises leased and occupied by him.”