Tenant Law in Kentucky
Relations between tenants and landlords in Columbia, Kentucky can sometimes be touchy. The fact is that it's not easy to be a landlord or a tenant, especially because landlords and tenants often don't understand the legal rights and responsibilities that apply to them.
There are many rights and responsibilities that landlords and tenants have. It's important that each party is aware of their rights, and the rights of the other party. By knowing and respecting these rights, the risk of conflict should be reduced dramatically.
Landlord's Rights in Columbia, KY
First and foremost, landlords have a right to timely payment of rent from their tenants, at the agreed-upon rate. This, of course, imposes on tenants a duty to pay their rent in full, in a timely manner.
Also, landlords have a right to be compensated for damage a tenant causes to a rented unit, either intentionally or negligently. Landlords have a right to deduct repair costs from tenants' security deposits, unless the damage was caused by normal wear and tear, for which tenants are not liable.
Tenant's Rights in Columbia, KY
Much like landlords have a right to get paid for the service they provide, tenants have a right to get what they pay for: a suitable place to live. In Columbia, Kentucky, all residential rental agreements carry an "implied warranty of habitability." This means that a landlord implicitly guarantees that any residence he or she rents will be fit for human habitation. In general, an unit will be automatically deemed uninhabitable if it lacks running water, electricity, heat, and adequate protection from the elements. There are many more factors that can be considered, as well, but those are some of the basics.
Tenants also have a right to ensure that the common areas of their apartment building are reasonably safe. Landlords are required to make sure that the common areas of their buildings meet Columbia, Kentucky's building codes, and that there are no conditions that create unnecessary safety hazards. They are required to make, at their own expense, the necessary repairs.
Under federal and Kentucky law, tenants are also entitled to protection against discrimination in housing based on race, color, religion, marital status, or gender. Such discrimination can lead to severe civil penalties against the landlord. Landlords also cannot discriminate against tenants based on physical disability, and have to make reasonable accommodations for physically disabled tenants. For example, they have to allow disabled tenants to make minor physical alterations to the unit (at the tenant's expense) to make it more accessible. Now, they don't need to allow the tenants to have the building remodeled. We're just talking about things like installing handrails in the bathroom, and similar things. The landlord can, however, require tenants to restore the apartment to its original condition, at the tenant's expense, once the tenant leaves.
Tenants are also legally protected from unfair eviction. Before a lease agreement expires, landlords cannot evict tenants unless they breach as significant term of the agreement by not paying rent, causing serious damage to the property, engaging in activities that are a nuisance to the other tenants, or engaging in illegal activity on the property, among other things.
Can a Columbia, Kentucky Landlord/Tenant Lawyer Help?
Whether you are a landlord or a tenant, chances are that you want to avoid conflict. But if you do end up in a seemingly irresolvable conflict with the other party, a Columbia, Kentucky attorney can help you protect your rights.