This chapter shall be known and may be cited as the “Uniform Residential Landlord and Tenant Act.”

(1994 Jeff. Code, § 151.01) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

Statutory reference:
   For provisions of the “Uniform Residential Landlord Act,” see KRS 383.500 through § 383.705

   (A)   This chapter shall be liberally construed and applied to promote its underlying purposes and policies.

   (B)   Underlying purposes and policies of this chapter are to:

      (1)   Encourage landlords and tenants to maintain and improve the quality of housing; and

      (2)   Make uniform the law with respect to the subject of this chapter among those states which enact it.

(1994 Jeff. Code, § 151.02) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACTION. Includes recoupment, counterclaim, set-off suit in equity, and any other proceeding in which rights are determined, including an action for possession.

   BUILDING and HOUSING CODES. Any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.

   DWELLING UNIT. A structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

   GOOD FAITH. Honesty in fact in the conduct of the transaction concerned.

   LANDLORD. The owners, lessor, or sublessor of the dwelling unit or the building of which it is a part, and it also means a manager of the premises who fails to disclose as required by this chapter.

   ORGANIZATION. A corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity.

   OWNER. One or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. The term includes a mortgagee in possession.

   PERSON. An individual or organization.

   PREMISES. A dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant.

   RENT. All payments except a security deposit as defined in this chapter to be made to the landlord under the rental agreement.

   RENTAL AGREEMENT. All agreements, written or oral and valid rules and regulations adopted under § 151.32 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.

   ROOMER or BOARDER. A tenant occupying a dwelling unit:

      (1)   Which lacks at least one major bathroom facility or kitchen facility, such as a toilet, refrigerator, or a stove, and;

      (2)   In a building where one or more such major facilities are supplied to be used in common by the occupants of the tenant's dwelling unit and by the occupants of one or more other dwelling units; and

      (3)   In a building in which the landlord resides.

   SECURITY DEPOSIT. An escrow payment made to the landlord under the rental agreement for the purpose of securing the landlord against financial loss due to damage to the premises occasioned by the tenant's occupancy other than ordinary wear and tear.

   SINGLE-FAMILY RESIDENCE. A structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment, nor any other essential facility or service with any other dwelling unit.

   TENANT. A person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others.

   UNCONSCIONABLE. An act or conduct which is willful and is so harsh and unjust as would be condemned or considered to be wrongful and would be shocking to the conscience of honest and fair-minded persons.

   WILLFUL. With deliberate intention, not accidentally or inadvertently and done according to a purpose.

(1994 Jeff. Code, § 151.03) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   Unless displaced by the provisions of this chapter, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause supplement its provisions.

(1994 Jeff. Code, § 151.04) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   This chapter being a general act intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.

(1994 Jeff. Code, § 151.05) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages.

   (B)   Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.

(1994 Jeff. Code, § 151.06) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.

(1994 Jeff. Code, § 151.07) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   The following arrangements are not governed by this chapter:

   (A)   Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational counseling, religious or similar service.

   (B)   Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his or her interest.

   (C)   Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization.

   (D)   Transient occupancy in a hotel, or motel, or lodgings subject to state transient lodgings or room occupancy excise tax act.

   (E)   Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises.

   (F)   Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.

   (G)   Occupancy of a dwelling unit located on land devoted to the production of livestock, livestock products, poultry, poultry products or the growing of tobacco or other crops including timber.

(1994 Jeff. Code, § 151.08) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   The district courts of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over a landlord or tenant may be acquired in a civil action or proceeding instituted in the court by the service of process in the manner provided by this chapter.

   (B)   If a landlord is not a resident of this state or is a corporation not authorized to do business in this state and engages in any conduct in this state governed by this chapter, or engages in a transaction subject to this chapter, he or she may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing and filed with the Secretary of State. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the Secretary of State, but service upon him or her is not effective unless the plaintiff or petitioner forthwith mails a copy of the process and pleading by registered or certified mail to the defendant or respondent at his or her last reasonably ascertainable address. An affidavit of compliance with this chapter shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows.

(1994 Jeff. Code, § 151.09) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   Every duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.

(1994 Jeff. Code, § 151.20) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   If the court, as a matter of law, finds:

      (1)   A rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result; or

      (2)   A settlement in which a party waives or agrees to forego a claim or right under this chapter or under a rental agreement was unconscionable when made, the court may refuse to enforce the settlement, enforce the remainder of the settlement without the unconscionable provision, or limit the application of any unconscionable provision to avoid an unconscionable result.

   (B)   If unconscionability is put into issue by a party or by the court upon its own motion, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose, and effect of the rental agreement or settlement to aid the court in making the determination.

(1994 Jeff. Code, § 151.21) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   A person has notice of a fact if:

      (1)   He or she has actual knowledge of it;

      (2)   He or she has received a notice or notification of it; or

      (3)   From all the facts and circumstances known to him or her at the time in question he or she has reason to know that it exists.

   (B)   A person knows or has knowledge of a fact if he or she has actual knowledge of it.

   (C)   A person notifies or gives a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when:

      (1)   It comes to his or her attention; or

      (2)   In the case of the landlord, it is delivered in writing at the place of business of the landlord through which the rental agreement was made or at any place held out by him or her as the place for receipt of the communications, or mailed by certified mail to him or her at his or her place of business or at any place held out by him or her as the place for receipt of any communication.

      (3)   In the case of the tenant, it is delivered in hand to the tenant or mailed by registered or certified mail to him or her at the place held out by him or her as the place for receipt of the communication, or in the absence of such designation, to his or her last known place of residence.

   (D)   Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction, and in any event from the time it would have been brought to his or her attention if the organization had exercised reasonable diligence.

(1994 Jeff. Code, § 151.22) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   A landlord and a tenant may include in rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.

   (B)   Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day-to-day.

   (C)   Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case of a roomer who pays weekly rent, and in all other cases month-to-month.

(1994 Jeff. Code, § 151.23) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   A rental agreement may not provide that the tenant:

      (1)   Agrees to waive or forego rights or remedies under this chapter;

      (2)   Authorizes any person to confess judgment on a claim arising out of the rental agreement;

      (3)   Agrees to pay the landlord's attorney's fees; or

      (4)   Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.

   (B)   A provision prohibited by subsection (A) of this section in a rental agreement is unenforceable.

(1994 Jeff. Code, § 151.24) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   A rental agreement, assignment, conveyance, trust deed or security instrument may not permit the receipt of rent free of the obligation to comply with § 151.29(A) of this chapter.

(1994 Jeff. Code, § 151.25) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   All landlords of residential property requiring security deposits prior to occupancy shall be required to deposit all tenants' security deposits in an account used only for that purpose, in any bank or other lending institution subject to regulation by the Commonwealth of Kentucky or any agency of the U.S. Government. Prospective tenants shall be informed of the location of the separate account and the account number.

   (B)   Prior to tendering any consideration deemed to be a security deposit, the prospective tenant shall be presented with a comprehensive listing of any then-existing damage to the unit which would be the basis for a charge against the security deposit and the estimated dollar cost of repairing such damage. The tenant shall have the right to inspect the premises to ascertain the accuracy of such listing prior to taking occupancy. The landlord and the tenant shall sign the listing, which signatures shall be conclusive evidence of the accuracy of such listing, but shall not be construed to be conclusive to latent defect. If the tenant shall refuse to sign such listing, he or she shall state specifically in writing the items on the list to which he or she dissents, and shall sign such statement of dissent.

   (C)   At the termination of occupancy, the landlord shall inspect the premises and compile a comprehensive listing of any damage to the unit which is the basis for any charge against the security deposit and the estimated dollar cost of repairing such damage. The tenant shall then have the right to inspect the premises to ascertain the accuracy of such listing. The landlord and the tenant shall sign the listing, which signatures shall be conclusive evidence of the accuracy of such listing. If the tenant shall refuse to sign such listing, he or she shall state specifically in writing the items on the list to which he or she dissents, and shall sign such statement of dissent.

   (D)   No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in a separate account as required by subsection (A) of this section and if the initial and final damage listings required by subsections (B) and (C) of this section are not provided.

   (E)   A tenant who disputes the accuracy of the final damage listing given pursuant to subsection (C) of this section may bring an action in district court. Tenant's claim shall be limited to those items from which the tenant specifically dissented in accordance with the provisions of subsection (C) of this section, or except as otherwise provided, and if the tenant shall fail to sign the listing or specifically dissent in accordance with subsection (C) of this section, the tenant shall not be entitled to recover any damages under this chapter.

   (F)   In the event a tenant leaves not paying his or her last month's rent and does not demand a return of his or her deposit, the landlord may, after 30 days, remove the deposit from the account and apply any such excess to the debt owing.

   (G)   In the event the tenant leaves not owing rent and having any refund due, the landlord shall send notification to the last known or reasonably determinable address, of the amount of any refund due the tenant. In the event the landlord shall not have received a response from the tenant within 60 days from the sending of such notification, the landlord may remove the deposit from the account and retain it free from any claim of the tenant or any person claiming in his or her behalf.

(1994 Jeff. Code, § 151.26) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   A landlord or any person authorized to enter into a rental agreement on his or her behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:

      (1)   The person authorized to manage the premises; and

      (2)   An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.

   (B)   The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.

   (C)   A person who fails to comply with subsection (A) of this section becomes an agent of each person who is a landlord for:

      (1)   Service of process and receiving and receipting for notices and demands; and

      (2)   Performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises.

(1994 Jeff. Code, § 151.27) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   At the commencement of the term a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and § 151.29. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in § 151.49(D) of this chapter.

(1994 Jeff. Code, § 151.28) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   A landlord shall:

      (1)   Comply with the requirements of applicable building and housing codes materially affecting health and safety;

      (2)   Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;

      (3)   Keep all common areas of the premises in a clean and safe condition;

      (4)   Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him or her; and

      (5)   Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1 except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

   (B)   If the duty imposed by subsection (A)(1) of this section is greater than any duty imposed by any other paragraph of this chapter, the landlord's duty shall be determined by reference to subsection (A)(1) of this section.

   (C)   The landlord and tenant of a single-family residence may agree in writing that the tenant perform the landlord's duties specified in subsection (A)(5) of this section and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.

   (D)   The landlord and tenant of any dwelling unit other than a single-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:

      (1)   The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;

      (2)   The work is not necessary to cure non-compliance with subsection (A)(1) of this section; and

      (3)   The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

(1994 Jeff. Code, § 151.29) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance.

   (B)   Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of his or her management.

(1994 Jeff. Code, § 151.30) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   A tenant shall:

   (A)   Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;

   (B)   Keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;

   (C)   Dispose from his or her dwelling unit all ashes, garbage, rubbish, and other waste in a clean and safe manner;

   (D)   Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;

   (E)   Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises;

   (F)   Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and

   (G)   Conduct himself or herself and require other persons on the premises with his or her consent to conduct themselves in a manner that will not disturb his or her neighbors' peaceful enjoyment of the premises.

(1994 Jeff. Code, § 151.31) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   A landlord, from time to time, may adopt a rule or regulation, however described, concerning the tenant's use and occupancy of the premises. It is enforceable against the tenant only if:

      (1)   Its purpose is to promote the convenience, safety, or welfare of the tenants in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;

      (2)   It is reasonably related to the purpose for which it is adopted;

      (3)   It applies to all tenants in the premises in a fair manner;

      (4)   It is sufficiently explicit in its prohibition, direction or limitation of the tenant's conduct to fairly inform him or her of what he or she must or must not do to comply;

      (5)   It is not for the purpose of evading the obligations of the landlord; and

      (6)   The tenant has notice of it at the time he or she enters into the rental agreement, or when it is adopted.

   (B)   If a rule or regulation is adopted after the tenant enters into the rental agreement that works a substantial modification of his or her bargain it is not valid unless the tenant consents to it in writing.

(1994 Jeff. Code, § 151.32) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.

   (B)   A landlord may enter the dwelling unit without consent of the tenant in case of emergency.

   (C)   A landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or unless it is impracticable to do so, the landlord shall give the tenant at least two days' notice of his or her intent to enter and may enter only at reasonable times.

   (D)   A landlord has no other right of access except:

      (1)   Pursuant to court order;

      (2)   As permitted by §§ 151.43 and 151.44(B) of this chapter; or

      (3)   Unless the tenant has abandoned or surrendered the premises.

(1994 Jeff. Code, § 151.33) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   Unless otherwise agreed, a tenant shall occupy his or her dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence.

(1994 Jeff. Code, § 151.34) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with § 151.29 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days, and the rental agreement shall terminate as provided in the notice subject to the following:

      (1)   If the breach is remediable by repairs, the payment of damages or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate by reason of the breach.

      (2)   If substantially the same act or omission which constituted a prior noncompliance covered by subsection (A) of this section of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least 14 days written notice specifying the breach and the date of termination of the rental agreement.

      (3)   The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her consent.

   (B)   Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or § 151.29.

   (C)   The remedy provided in subsection (B) of this section is in addition to any right of the tenant arising under subsection (A) of this section.

   (D)   If the rental agreement is terminated, the landlord shall return all prepaid rent.

(1994 Jeff. Code, § 151.35) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in § 151.28, rent abates until possession is delivered and the tenant may:

      (1)   Terminate the rental agreement upon at least five days' written notice to the landlord and upon termination the landlord shall return all prepaid rent and damage fee; or

      (2)   Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him or her.

   (B)   If a person's failure to deliver possession is willful and not in good faith, an aggrieved person may recover from that person an amount not more than three months' periodic rent or threefold the actual damages sustained, whichever is greater, and reasonable attorney's fees.

(1994 Jeff. Code, § 151.36) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   If the landlord willfully and materially fails to comply with the rental agreement or fails to comply with § 151.29 and such noncompliance materially affects health and safety and the reasonable cost of compliance is less than $100, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may notify the landlord of his or her intention to correct the condition at the landlord's expense. If the landlord willfully fails to comply within 14 days after being notified by the tenant in writing or as promptly as conditions require in case of emergency, the tenant may cause the work to be done in a workmanlike manner and after submitting to the landlord an itemized statement for the work actually done and for which the tenant has paid in full, deduct from his or her rent the actual and reasonable cost or the fair and reasonable value of the work, not exceeding the amount specified in this section.

   (B)   A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her consent.

(1994 Jeff. Code, § 151.37) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   If, contrary to the rental agreement or § 151.29, 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:

      (1)   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;

      (2)   Recover damages based upon the diminution in the fair rental value of the dwelling unit; or

      (3)   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.

   (B)   In addition to a remedy provided in subsection (A)(3) of this section the tenant may recover reasonable attorney's fees.

   (C)   If the tenant proceeds under this section, he or she may not proceed under §§ 151.35 or 151.37 as to that breach.

   (D)   Rights of the tenant under this chapter do not arise until he or she 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 or her family, or other person on the premises with his or her consent.

(1994 Jeff. Code, § 151.38) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   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 or she may recover under the rental agreement of § 151.23. 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.

   (B)   In an action for rent when the tenant is not in possession, he or she may counterclaim as provided in subsection (A) of this section but is not required to pay any rent into court.

(1994 Jeff. Code, § 151.39) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   If the dwelling unit or premises are damaged or destroyed by fire or casualty or so injured by the elements, act of God or other cause to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant or the landlord may terminate the rental agreement upon 14 days' notice; however, the tenant may immediately vacate the premises.

   (B)   If the rental agreement is terminated under provision of this chapter the landlord shall return all the unused portion of the prepaid rent. Accounting for rent in the event of termination or apportionment shall be made as of the date of the casualty.

(1994 Jeff. Code, § 151.40) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than three months periodic rent and a reasonable attorney's fee. If the rental agreement is terminated, the landlord shall return all prepaid rent.

(1994 Jeff. Code, § 151.41) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a material noncompliance with §§ 151.31 or 151.32, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 14 days after receipt of the notice. If the breach is not remedied in 15 days, the rental agreement shall terminate as provided in the notice subject to the following. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least 14 days' written notice specifying the breach and the date of termination of the rental agreement.

   (B)   If rent is unpaid when due and the tenant fails to pay rent within seven days after written notice by the landlord of nonpayment and his or her intention to terminate the rental agreement if the rent is not paid within that period, the landlord may terminate the rental agreement.

   (C)   Except as provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or §§ 151.31 or 151.32. If the tenant's noncompliance is willful the landlord may recover actual damages and reasonable attorney's fees.

(1994 Jeff. Code, § 151.42) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   If there is noncompliance by the tenant with §§ 151.31 or 151.32 materially affecting health and safety that can be remedied by repair, replacement of a damaged item or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within 14 days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date periodic rent is due, or if the rental agreement has terminated, for immediate payment.

(1994 Jeff. Code, § 151.43) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of seven days as required in § 151.34 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.

   (B)   During any absence of the tenant in excess of seven days, the landlord may enter the dwelling unit at times reasonably necessary.

   (C)   If the tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy. If the landlord fails to use reasonable efforts to rent the dwelling unit at a fair rental or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed to be terminated by the landlord as of the date the landlord has notice of the abandonment. If the tenancy is from month-to-month or week-to-week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.

(1994 Jeff. Code, § 151.44) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by him or her that varies from the terms of the rental agreement constitutes a waiver of the landlord's right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.

(1994 Jeff. Code, § 151.45) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   A lien or security interest on behalf of the landlord in the tenant's household goods is not enforceable unless perfected before August 1, 1984.

   (B)   Distraint for rent is abolished.

(1994 Jeff. Code, § 151.46) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney's fees as provided in § 151.42(C).

(1994 Jeff. Code, § 151.47) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, electric, running water, hot water, gas, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this chapter.

(1994 Jeff. Code, § 151.48) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.

   (B)   The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days before the periodic rental date specified in the notice.

   (C)   The landlord or the tenant may terminate a tenancy begun upon the termination of a written lease by written notice given to the other at least ten days before the termination date specified in the notice, except that if the tenant fails to pay rent within ten days after the day it becomes due, the landlord may terminate the tenancy at any time without notice.

   (D)   If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord may also recover an amount not more than three months' periodic rent or threefold the actual damages sustained by him or her, whichever is greater, and reasonable attorney's fees. If the landlord consents to the tenant's continued occupancy, § 151.23(C) applies.

(1994 Jeff. Code, § 151.49) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement. In either case the landlord may recover actual damages and reasonable attorney's fees.

   (B)   If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the reoccurrence of the conduct or terminate the rental agreement. In either case the tenant may recover actual damages and reasonable attorney's fees.

(1994 Jeff. Code, § 151.50) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   (A)   Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after:

      (1)   The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety:

      (2)   The tenant has complained to the landlord of a violation under § 151.29;

      (3)   The tenant has organized or become a member of a tenant's union or similar organization.

   (B)   If the landlord acts in violation of subsection (A) of this section, the tenant is entitled to the remedies provided in § 151.41 and has a defense in any retaliatory action against him or her for possession. In an action by or against the tenant, evidence of a complaint within one year before the alleged act of retaliation creates a presumption that the landlord's conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. PRESUMPTION means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.

   (C)   Notwithstanding subsection (A) and (B) of this section, a landlord may bring an action for possession if:

      (1)   The violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his or her household or upon the premises with his or her consent;

      (2)   The tenant is in default in rent; or

      (3)   Compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit.

   (D)   The maintenance of an action under subsection (C) of this section does not release the landlord from liability under § 151.35(B).

(1994 Jeff. Code, § 151.51) (Jeff. Ord. 22-1984, adopted and effective 7-24-1984; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)

   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Lou. Metro Ord. No. 52-2021, approved 4-28-2021; Lou. Metro Am. Ord. No. 002-2023, approved 2-7-2023)

   (A)   Covered individuals may receive access to legal services from designated organizations under a contract, grant, or other services agreement with the lead partner organization. The designated organizations shall provide legal services in a covered proceeding, as soon as possible after the initiation of the proceeding, and no later than at the time of the individual's first scheduled appearance in a covered proceeding. Designated organizations must seek to provide high quality, full legal representation in accordance with ABA and KBA standards, to a covered individual, unless there is a conflict of interest, or other circumstances make full legal representation infeasible to render.

   (B)   Metro Council hereby expresses its intention to fund the program as expressed but recognizes nothing contained herein shall bind future Councils to this appropriation.

   (C)   The lead partner organization shall establish and administer a program that provides brief legal assistance to covered individuals when full representation, as described in subsection (A), is not possible.

   (D)   The designated organization and the lead partner organization shall enter a contract, grant, or other services agreement that defines the program and identifies the designated organization's obligations regarding both the full legal representation program described in subsection (A) and the brief legal assistance program described in subsection (C).

   (E)   The lead partner organization may enter a contract, grant, or other services agreement with organizations to conduct non-legal social services or outreach work around the issues of eviction and homelessness.

   (F)   No child shall be named as a defendant in any covered proceeding.

   (G)   Designated organizations shall work with the lead partner organization and community partners to engage and educate tenants of their rights and available resources.

   (H)   The designated organization shall compile and report the metrics in subsection (I) to the lead partner organization on a quarterly basis. The designated organization shall adhere to quality assurance standards set by the lead partner organization, which shall be based upon ABA and KBA standards.

   (I)   Any legal services performed by a designated organization under this section shall not supplant, replace, or satisfy any obligations or responsibilities of that designated organization under any other program agreement, grant agreement, or contract the designated organization has with Metro.

   (J)   On January 31 of each year, beginning in 2022, the lead partner organization shall submit a written report to Metro Council, detailing the number of covered individuals served, the extent of legal services performed, metrics evaluating outcomes, projected budgeting needs for full representation to all covered individuals, and a summary of the engagement and education of tenants.

   (K)   Nothing in this section, or the administration or application of this section, shall be construed to create a private right of action on the part of any person or entity against Metro, or any agency, official, or employee of Metro.

(Lou. Metro Ord. No. 52-2021, approved 4-28-2021)

   If any provision of this chapter as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

(1994 Jeff. Code, § 10.07) (Jeff. Ord. 36-1994, adopted and effective 12-20-1994; Lou. Metro Am. Ord. No. 134-2006, approved 8-23-2006)