Kentucky Statewide Rule
Kentucky Security Deposit Rules Under KRS 383.580 (URLTA)
Key Facts
- Deposit cap
- No statutory cap
- Return deadline
- After lease ends and tenant requests/provides forwarding address; unclaimed deposits forfeit after 60 days
- Itemized statement
- Required before any deduction; move-in damage list also required
- Statute
- KRS 383.580
- Applies where
- Cities/counties that adopted URLTA
Summary
Kentucky sets no dollar cap on residential security deposits. Where the Uniform Residential Landlord and Tenant Act applies, landlords must hold deposits in a separate account, disclose its location, provide a move-in damage list, and give an itemized statement before deducting. These rules apply only in cities and counties that adopted URLTA.
383.580 Security deposits. (1) 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 United States government. Prospective tenants shall be informed of the location of the separate account and the account number. (2) 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.
Full Breakdown
Under KRS 383.580 there is no statutory maximum on a security deposit. The statute requires that "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," and the tenant must be told the account's location and number. Before move-in, the tenant must receive a written list of existing damage with repair estimates and may inspect to verify it. At move-out the landlord must give an itemized statement before keeping any portion for damages. Crucially, KRS 383.500-.715 (URLTA) governs only in jurisdictions that have adopted it, including Louisville/Jefferson County and Lexington/Fayette County; elsewhere common law applies.
Violations & Penalties
A landlord who fails to maintain the separate account or to furnish the required move-in or move-out damage listing forfeits the right to retain any part of the deposit under KRS 383.580, and a non-complying landlord cannot use the courts to keep withheld funds.
Frequently Asked Questions
How much can a landlord charge for a security deposit in Kentucky?
How long does a landlord have to return a security deposit in Kentucky?
What can a landlord deduct from a security deposit in Kentucky?
Sources
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