Rent or buy: Which option is best for your city?
If you’re trying to determine if renting or buying is better for you, the best option for your wallet might depend on where you live.
- Several counties and cities have adopted URLTA, the Uniform Residential Landlord and Tenant Act.
- The act is known for balancing the rights between tenants and landlords.
- A tenant has specific rights regarding their landlord’s response to maintenance, as well as their security deposit.
Kentucky’s General Assembly passed a law in 1984 that allowed cities, counties and urban-county governments to enact a balanced landlord-tenant act known as URLTA.
That’s the Uniform Residential Landlord and Tenant Act, or an act that balances the property rights of landlords with the privacy rights (as well as health and safety rights) of tenants.
By 2015, at least four counties and 15 cities had adopted the act.
Rep. Nima Kulkarni, D-Louisville, would like to see URLTA applied to the entire state. She introduced a bill to do just that during the last three sessions of the General Assembly, but the bills went nowhere.
So, who is protected by URLTA in the commonwealth, and what are a tenant’s rights?
What Kentucky counties and cities adopted URLTA?
The four counties include the commonwealth’s larger cities, like Louisville and Lexington.
- Jefferson County
- Oldham County
- Fayette County
- Pulaski County
Many of the 15 cities are in Northern Kentucky:
- Florence (Boone)
- Bromley, Ludlow, Taylor Mill and Covington (Kenton County)
- Newport, Bellevue, Dayton, Woodlawn, Southgate, Silver Grove and Melbourne (Campbell County)
As well as:
- Shelbyville (Shelby County)
- Georgetown (Scott County)
- Barbourville (Knox County)
What are my rights as a tenant under URLTA?
There are a few key rights under URLTA:
- The right to a habitable living space;
- Protection from discrimination or illegal eviction, like lockouts or utility shutoffs;
- The right to privacy, such as a landlord must give 48-hour notice before entering, except in emergencies;
- The right to peaceful enjoyment;
- The right to request repairs, and for the landlord to fix major issues promptly;
- The right to proper notice, such as before rent increase or lease termination;
- The right to due process in eviction;
- The right to make reasonable modifications to the rental unit for a tenant with disabilities.
How about some more specifics?
Ryan Fenwick is a tenant’s attorney who, with his law partner, focuses on Jefferson County.
Fenwick dug into more specifics on tenants’ rights with The Courier Journal in a Q&A, which was edited for length and clarity.
Courier Journal: “What if a landlord isn’t maintaining the property?”
Fenwick: “The remedy is to send a 14-day letter that tells them they have 14 days to repair the property or in 30 days you’re going to terminate your lease.”
In very limited circumstances, a tenant is allowed to withhold some portion of their rent, “as long as you provide the correct notice and deduct that amount from your rent,” Fenwick said, but he said it’s very fact-specific, and a tenant should seek legal representation before doing so.
Courier Journal: Can a landlord keep my security deposit?
Fenwick: “The law’s really, really clear about security deposits. There’s very specific provisions about what you have to do to keep a security deposit. … The landlord has to do an initial walk-through ― where the tenant has the opportunity, in writing, to make comments on the condition of the property and dispute any conditions that they don’t agree with the landlord on at the end of the lease.
“The landlord has to do, or provide, an opportunity for a tenant to do a final walkout where again, the tenant can, in writing, dispute any claims being made by the landlord about the condition …. Most tenants seem to just expect the landlord to keep the security deposit, honestly.”
Courier Journal: What are my rights around having pets as a tenant?
Fenwick: “If you have a recognized disability, and you need an accommodation with the service animal, you know absolutely that’s a reasonable accommodation. … Otherwise, your right to have a pet in the apartment is really based on your lease. You’re literally contracting for your right to have a pet.”
Where can I get more help about my rights as a tenant?
Jefferson County Law Library, Tuesdays from 10 a.m. to noon
Legal Aid
Louisville Bar Association Lawyer Referral Services
Metro Housing Authority (for unsafe living conditions)
Stephanie Kuzydym is an enterprise and investigative sports reporter. Reach her at skuzydym@courier-journal.com or on social at @stephkuzy.
This story has been updated to add video.
