Legal Question in Real Estate Law in Kentucky

My landlord repeatedly attempts to fix a problem (a leak), but has failed to fix it permanently. For the past 5 months he has 'fixed it' only to find out that the root of the problem has still not been addressed. My lease says that I have to give him 30 days to fix the problem, and after that I can withhold rent or make the repairs myself and deduct it from rent. I want to leave the property. Do I have any grounds to terminate the lease based on their failure to make a repair? (This is not the only issue. I have a list of 40 issues we have battled with them over the past year. I run a recording studio on the 1st floor, and my family lives on the second floor.)


Asked on 6/24/11, 5:18 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

From your zip code, I believe you live in Jefferson County, which means you are under the Uniform Residential Landlord-Tenant Act. Your landlord has 14 days to make the repairs, not 30, even if the lease says 30.

Whether you should repair yourself depends on how much those repairs will cost, and what the lease says regarding those repairs. Under URLTA, the repairs cannot exceed one-half of your monthly rent if you are going to make the repairs and deduct it from the rent. However, your lease might allow for a greater amount in repairs.

Either way, you first need to send written notice. Legal Aid has sample letters in this regard (and their website is very helpful concerning Landlord-Tenant issues).

http://www.kyjustice.org/node/688

http://www.kyjustice.org/node/683

http://www.kyjustice.org/node/690

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Answered on 6/26/11, 9:02 am


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