Kentucky Statutes 383.302 – Prohibited inclusion in rental or lease agreement of authority to terminate on the basis of tenant’s request for assistance in emergencies
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(1) A landlord shall not include in a residential rental agreement or lease for housing a provision authorizing the landlord to terminate the agreement or to impose a penalty on a tenant for requests made by the tenant for assistance from peace officers or other assistance in response to emergencies.
(2) A residential rental agreement or lease provision prohibited by subsection (1) of this section is unenforceable. If a landlord enforces a rental agreement or lease containing provisions known by the landlord to be prohibited by this section, 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.
(3) This section shall apply only to leases or rental agreements created or renewed on or after June 29, 2017.
Effective:June 29, 2017
History: Created 2017 Ky. Acts ch. 191, sec. 2, effective June 29, 2017.
(2) A residential rental agreement or lease provision prohibited by subsection (1) of this section is unenforceable. If a landlord enforces a rental agreement or lease containing provisions known by the landlord to be prohibited by this section, 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.
Terms Used In Kentucky Statutes 383.302
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(3) This section shall apply only to leases or rental agreements created or renewed on or after June 29, 2017.
Effective:June 29, 2017
History: Created 2017 Ky. Acts ch. 191, sec. 2, effective June 29, 2017.