Crappy Lanlord in KY what to do?

Question

I have a friend who’s landlord keeps neglecting to replace their broken HVAC system. She has not had heating or air since August (practically since the time she has moved in). She calls weekly asking for him to repair it/update and he gives her the run around. What can she legally do? Not pay rent? Is the landlord required to fix this? Any help would be great! Thanks!

Andrew B. · Answer

I believe every court system has a method of withholding rent when landlords are not fulfilling their obligations. You should never just withhold it on your own. Your friend should reach out to their local courts or look through the website. If she really has trouble, reach out to a local tenant advocacy group. Most states/large cities have one. She will most likely have to notify the landlord of the problem in writing, wait a specific period of time, then deposit rent into an escrow account.

James Wilcox · Answer

@Sarah Drinkard see KRS 383.625. That will answer your questions on how your friend should address her landlord issue. At the end of the day LL needs to keep the property in a fit and habitable condition and make any necessary repairs to do so in a reasonable amount of time. She needs to address her grievances in a formal written document and outline what is expected the results for not doing so.

Scott Mac · Answer

Ask him to be let out of the lease and move might be the easiest cheapest thing for both sides.

He might be broke and just can't do it.

When the snow hits, unless you have a nice BIG electric heater, it's going to be very frosty, and then the pipes freeze and burst and you will have no indoor plumbing...(and all that entails).

Scott M. · Answer

Not 100% sure about AC in KY but a landlord is required to provide heat. See below. As for what to do if they are not providing heat, that is a great question. I don't know the answer to that one for KY laws. But they are required to provide heat.

Landlord’s Duties (KRS § 383.595)

• Landlords must supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1.

Theresa Harris · Answer

As we move into the winter, heating is critical. Tell her to talk to an attorney. She might be able to pay rent into a special account until it is fixed. It is not the same as paying no rent as she is, just not to him until the repairs are done. She could also offer to call someone to repair it and either bill him or take it out of the rent-get him to agree to it in writing.

Colleen F. · Answer

@Sarah Drinkard alot of the specifics depends on where she lives, she needs to read the landlord tenant law in her state. There is no obligation to provide AC only heat. What is required varies by state so the best process is to put the request in writing with documented temperatures that the HVAC is heating to. (e.g. My HVAC is only heating to 55 since Oct 1) Talk to an attorney or landlord tenant association about what regulations he is breaking and they can advise on how she can proceed. There are proper procedures to follow if she decides to withhold rent. ( repair and deduct).

Crappy Lanlord in KY what to do?

6 Replies

Landlord’s Duties (KRS § 383.595)