RESIDENTIAL LEASE AGREEMENT

(Commonwealth of Kentucky)

[// GUIDANCE: This template is drafted for use statewide in Kentucky.# RESIDENTIAL LEASE AGREEMENT
(Commonwealth of Kentucky)

[// GUIDANCE: This template is court-ready but must be customized before execution. Replace every bracketed item, delete all guidance notes, and confirm statutory citations with current Kentucky law and any local URLTA adoption.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

This Residential Lease Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (“Effective Date”) by and between:

1. [LANDLORD LEGAL NAME], a [STATE & TYPE OF ENTITY / INDIVIDUAL] (“Landlord”), whose notice address is [ADDRESS]; and
2. [TENANT LEGAL NAME], a [STATE & TYPE OF ENTITY / INDIVIDUAL] (“Tenant”), whose notice address is [ADDRESS].

Recitals

A. Landlord is the fee simple owner of certain residential real property located at [STREET ADDRESS, CITY, COUNTY, KY ZIP] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the Premises to Tenant, in accordance with the terms and conditions set forth herein.

Consideration

In consideration of the mutual covenants herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

II. DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below; undefined capitalized terms carry their plain meaning in context.

“Applicable Law” – Collectively, (i) the Kentucky Uniform Residential Landlord and Tenant Act, KRS § 383.500 et seq. (“URLTA”), to the extent adopted in the county where the Premises are located; (ii) all other Kentucky statutes, regulations, and local ordinances governing residential tenancies; and (iii) all federal laws applicable to the Premises, including but not limited to fair housing and lead-based paint regulations.

“Default Rate” – The lesser of [__]% per annum or the maximum lawful rate.

“Lease Term” – The period beginning [COMMENCEMENT DATE] and ending [EXPIRATION DATE], unless earlier terminated or extended pursuant to this Agreement.

“Rent” – The Base Rent plus all Additional Rent, Late Charges, fees, and any other monetary obligations payable by Tenant under this Agreement.

“Security Deposit” – The sum of $[AMOUNT] delivered by Tenant to Landlord pursuant to Section III.3, and any interest thereon as required by KRS § 383.580(1).

III. OPERATIVE PROVISIONS

1. Premises; Use; Occupancy Limits

1.1 Premises. Landlord hereby leases the Premises, together with the right to use all appurtenant common areas, to Tenant for residential purposes only.
1.2 Permitted Occupants. No more than [NUMBER] persons may occupy the Premises without Landlord’s prior written consent.
1.3 Prohibited Uses. Commercial, industrial, or illegal uses are strictly prohibited.

2. Lease Term; Possession

2.1 Delivery of Possession. Landlord shall deliver exclusive possession on the Commencement Date in habitable condition consistent with KRS § 383.595.
2.2 Holding Over. Holdover occupancy is month-to-month at 150 % of the last monthly Rent, subject to all other terms herein.

3. Rent; Late Charges; Security Deposit

3.1 Base Rent. Tenant shall pay monthly Base Rent of $[AMOUNT], due in advance on the [DAY] of each calendar month.
3.2 Manner of Payment. Rent shall be paid by [METHODS ACCEPTED] to [PAYEE NAME/ADDRESS OR ONLINE PORTAL].
3.3 Late Charges. If Rent is not received by [GRACE PERIOD] days after the due date, Tenant shall pay a late charge of $[AMOUNT] plus interest at the Default Rate.
3.4 Returned Payment Fee. A fee of $[AMOUNT] applies to each dishonored payment.
3.5 Security Deposit Compliance.
(a) Separate Account. Landlord shall deposit the Security Deposit in a federally insured account, separate from personal funds, as required by KRS § 383.580(1).
(b) Written Disclosure. Within five (5) business days after receipt, Landlord shall provide written notice to Tenant of the account’s bank name, address, and account number.
(c) Itemized Inspection List. Before occupancy, Landlord shall provide Tenant an itemized, signed list of existing damages, in compliance with KRS § 383.580(2).
(d) Return or Application. Within thirty (30) days after Tenant delivers possession, Landlord shall return the unused portion of the Security Deposit with an itemized list of deductions per KRS § 383.580(3)–(4).
(e) Limitation of Liability. Landlord’s liability for any claim arising from or related to the Premises is capped at an amount equal to the Security Deposit actually held.

[// GUIDANCE: Liability cap above implements the “liability_caps: security_deposit” mandate. Consider increasing or removing cap where commercial insurance is in place.]

4. Utilities & Services

Tenant shall timely pay for all utilities serving the Premises except [LANDLORD-PAID UTILITIES]. Interruption beyond Landlord’s reasonable control is excused under Section VII.4 (Force Majeure).

5. Maintenance, Repairs & Habitability

5.1 Landlord Obligations. Landlord shall:
(a) Comply with applicable building/housing codes materially affecting health and safety;
(b) Maintain all required electrical, plumbing, HVAC, sanitary, and other facilities in good and safe working order;
(c) Supply running water and reasonable amounts of hot water and heat; and
(d) Provide and maintain appropriate receptacles for garbage removal.
[Statutory Basis: KRS § 383.595(1).]
5.2 Tenant Obligations. Tenant shall:
(a) Keep the Premises clean and safe;
(b) Dispose of all waste properly;
(c) Keep plumbing fixtures sanitary;
(d) Use all facilities and appliances reasonably;
(e) Not deliberately or negligently destroy or damage any part of the Premises;
(f) Conduct themself and require other persons to conduct themselves so as not to disturb neighbors’ peaceful enjoyment.

6. Alterations

Tenant shall not make structural alterations or install fixtures without Landlord’s prior written consent, which may be conditioned on restoration or additional security.

7. Entry & Inspection

Landlord may enter the Premises upon at least two (2) days’ advance notice, at reasonable times, for inspections, repairs, or showings, except in emergencies, per KRS § 383.615.

8. Rules & Regulations

Tenant shall comply with reasonable rules promulgated by Landlord and delivered to Tenant, provided such rules are applied uniformly and do not materially modify Tenant’s rights.

9. Insurance

Tenant shall maintain renter’s insurance with minimum liability coverage of $[AMOUNT] per occurrence and name Landlord as an additional insured.

10. Surrender of Premises

Upon termination, Tenant shall surrender vacant possession, broom clean and free of personal property, ordinary wear and tear excepted.

IV. REPRESENTATIONS & WARRANTIES

4.1 Landlord represents and warrants that:
(a) Landlord has good and marketable title to the Premises and full authority to enter into this Agreement;
(b) No outstanding notices of violation of Applicable Law exist, except as disclosed in Schedule 1 (if any); and
(c) The Premises are, as of the Effective Date, in compliance with habitability requirements of Applicable Law.

4.2 Tenant represents and warrants that:
(a) Tenant is legally competent and, if an entity, duly formed and in good standing;
(b) All information provided in Tenant’s rental application is true and complete; and
(c) Tenant has the financial ability to perform all obligations herein.

4.3 Survival. All representations and warranties survive termination of this Agreement to the extent necessary to enforce any remedies.

V. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant. Tenant shall:
(a) Timely pay all Rent and other sums;
(b) Promptly notify Landlord of any condition requiring repair;
(c) Comply with all Applicable Law and homeowners’ association rules (if any).

5.2 Negative Covenants of Tenant. Tenant shall not:
(a) Commit or permit waste or nuisance;
(b) Engage in or permit any illegal activities, including controlled-substance offenses;
(c) Assign this Agreement or sublet any portion of the Premises without Landlord’s prior written consent;
(d) Install satellite dishes, antennas, or security cameras visible from the exterior without consent.

5.3 Notice & Cure Periods. Except as otherwise expressly provided, Tenant shall cure any non-monetary breach within fourteen (14) days after written notice.

VI. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following constitutes a “Tenant Default”:
(a) Failure to pay Rent within seven (7) days after written notice, per KRS § 383.660(2);
(b) Material non-compliance with Section V not cured within fourteen (14) days after notice, KRS § 383.660(1);
(c) Abandonment of the Premises;
(d) Providing materially false information in Tenant’s rental application; or
(e) Filing bankruptcy or insolvency proceedings by or against Tenant.

6.2 Landlord Remedies. Upon a Tenant Default, Landlord may exercise one or more of the following, subject to Applicable Law:
(a) Terminate this Agreement upon proper statutory notice;
(b) Accelerate and demand all unpaid Rent for the balance of the Lease Term;
(c) Recover actual damages, including reasonable attorney fees and court costs;
(d) Re-enter and regain possession via judicial eviction in the [COUNTY] District Court (Housing Division), preserving Landlord’s right to injunctive relief; and
(e) Apply the Security Deposit as provided in Section III.3.

6.3 Mitigation. Landlord shall make reasonable efforts to mitigate damages as required by Kentucky law.

6.4 Attorney Fees. The prevailing party in any action to enforce this Agreement is entitled to reasonable attorney fees and costs.

VII. RISK ALLOCATION

7.1 Tenant Indemnification. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from any and all losses, claims, or liabilities arising out of:
(a) Tenant’s use or occupancy of the Premises;
(b) Any breach of this Agreement by Tenant; or
(c) Tenant’s negligence or willful misconduct,
except to the extent caused by Landlord’s gross negligence or intentional misconduct.

7.2 Limitation of Liability. Landlord’s total aggregate liability to Tenant, for any and all claims, shall not exceed the amount of the Security Deposit actually held by Landlord.

7.3 Insurance Waiver of Subrogation. Each party waives subrogation rights against the other to the extent covered by insurance.

7.4 Force Majeure. Neither party is liable for failure to perform caused by events beyond reasonable control (e.g., acts of God, governmental orders, pandemics, supply shortages), provided prompt notice is given and performance resumes as soon as practicable.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement is governed by the laws of the Commonwealth of Kentucky, including Applicable Law, without regard to conflict-of-laws principles.

8.2 Forum Selection. Each party irrevocably submits to the exclusive jurisdiction of the [COUNTY] District Court, Housing Division (or successor state housing court), for any action arising out of this Agreement.

8.3 Arbitration Excluded. The parties expressly opt out of arbitration; all disputes shall be resolved in the forum designated above.

8.4 Jury Trial Waiver. To the fullest extent permitted by the Kentucky Constitution, each party knowingly and voluntarily waives its right to a trial by jury in any proceeding relating to this Agreement.

8.5 Injunctive Relief. Nothing herein limits Landlord’s right to seek injunctive or equitable relief, including eviction and possession orders.

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver is effective unless in a writing signed by both parties. A waiver on one occasion is not a waiver of subsequent breaches.

9.2 Assignment. Tenant may not assign this Agreement nor sublet any portion of the Premises without prior written consent of Landlord, which may be withheld in Landlord’s sole discretion.

9.3 Successors & Assigns. This Agreement binds and benefits the parties and their permitted successors and assigns.

9.4 Severability. If any provision is held invalid, the remainder of this Agreement remains in full force, and the invalid provision will be reformed to the minimum extent necessary to be enforceable.

9.5 Entire Agreement. This Agreement, including any exhibits and schedules, constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.

9.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is an original, and all of which constitute one instrument. Signatures delivered by electronic means (e.g., PDF, DocuSign) are deemed original.

9.7 Notices. All notices must be in writing and delivered (i) personally, (ii) by certified mail, return receipt requested, or (iii) by nationally recognized overnight courier, to a party’s notice address set forth in the Document Header, or as updated by notice.

9.8 Time of Essence. Time is of the essence with respect to all obligations herein.

9.9 Interpretation. Headings are for convenience only and do not affect interpretation.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement effective as of the Effective Date.

[// GUIDANCE: Kentucky does not generally require notarization of residential leases shorter than one year; verify local recording rules for leases ≥ 1 year. Obtain witness signatures if required by lender, insurer, or local ordinance.]

ACKNOWLEDGEMENT OF PRE-MOVE-IN INSPECTION LIST

Pursuant to KRS § 383.580(2), the parties acknowledge delivery of the itemized pre-occupancy damage list attached as Exhibit A.

Tenant Initials: _ Date: _
Landlord/Agent Initials: _ Date: _

LEAD-BASED PAINT DISCLOSURE (If Applicable)

[Include EPA-mandated disclosure for properties built before 1978.]

EXHIBIT A – Pre-Occupancy Itemized Damage List
EXHIBIT B – Rules & Regulations (if any)
SCHEDULE 1 – Outstanding Notices of Violation (if any)

[// GUIDANCE: Add additional exhibits (e.g., Pet Addendum, Military Clause, Smoke-Free Addendum) as required by client preferences or local law.]