383.300 Protections for person with rental or lease agreement who is protected by domestic violence order or interpersonal protective order

383.300 Protections for person with rental or lease agreement who is

protected by domestic violence order or interpersonal protective order.

(1) (a) This section shall apply only to leases or rental agreements created or

renewed on or after June 29, 2017.

(b) A person who is both a named individual and a protected tenant shall not

be eligible for the protections under this section.

(2) As used in this section:

(a) "Named individual" means a person identified in the protective orders

listed in paragraph (b) of this subsection as restrained from contact with

the protected tenant; and

(b) 1. "Protected tenant" means a residential rental or leased housing

tenant, applicant for tenancy, or a tenant with a minor household

member, who is protected by a valid:

a. Domestic violence order issued pursuant to KRS 403.740

which restrains the adverse party from any unauthorized

contact; or

b. Interpersonal protective order issued pursuant to KRS 456.060

which restrains the adverse party from any unauthorized

contact.

2. For purposes of subsections (3) and (4) of this section, "protected

tenant" also means a residential rental or leased housing tenant,

applicant for tenancy, or a tenant with a minor household member

who is protected by a valid:

a. Emergency protective order issued pursuant to KRS 403.730;

b. Temporary interpersonal protective order issued pursuant to

KRS 456.040; or

c. Pretrial release no contact order issued pursuant to KRS

431.064.

(3) (a) A landlord shall not terminate, fail to renew, refuse to enter into, or

otherwise retaliate in the renting or leasing of a residence because of the

person's status as a protected tenant.

(b) It shall be a defense to an action for possession of a rented or leased

residential property if the court determines that:

1. The tenant is a protected tenant; and

2. The notice to vacate is substantially based on acts which violated

the tenant's protective order or led to the issuance of a protective

order listed in subsection (2) of this section, including an action for

possession based on complaints of noise, disturbances, or repeated

presence of peace officers.

(4) (a) 1. After informing the landlord of an intention to install a new lock, a

protected tenant, at his or her expense, may install a new lock to his

or her dwelling by:

a. Rekeying the lock if the lock is in good working condition; or

b. Replacing the entire locking mechanism with a locking

mechanism of equal or better quality than the lock being

replaced.

2. The tenant shall provide a key to the new lock to the landlord upon

request.

(b) Regardless of any provision in the lease or rental agreement, the landlord

may refuse to provide a key to the new lock to a named individual, even if

the named individual is a party to the lease or rental agreement.

(c) A named individual who has been excluded from leased or rented

property under this section remains liable for rent.

(5) (a) For a protected tenant who obtains a valid protective order listed in

subsection (2)(b)1. of this section after entering into a lease or rental

agreement, the lease or rental agreement may be terminated by providing

the landlord with:

1. Written notice of termination to be effective on a date stated in the

notice that is at least thirty (30) days after the landlord's receipt of

the notice; and

2. A copy of the valid protective order.

(b) For a protected tenant who obtains a valid protective order listed in

subsection (2)(b)1. of this section before entering into a lease or rental

agreement, the lease or rental agreement may be terminated by:

1. Providing the landlord with written notice of termination to be

effective on a date stated in the notice that is at least thirty (30) days

after the landlord's receipt of the notice;

2. Attaching a copy of the valid protective order; and

3. Demonstrating a safety concern to the landlord that arises after

execution of the lease.

greement, the lease or rental agreement may be terminated by:

1. Providing the landlord with written notice of termination to be

effective on a date stated in the notice that is at least thirty (30) days

after the landlord's receipt of the notice;

2. Attaching a copy of the valid protective order; and

3. Demonstrating a safety concern to the landlord that arises after

execution of the lease.

(c) Upon termination of a lease or rental agreement under this section, the

released protected tenant shall:

1. Be liable for the rent due under the lease or rental agreement

prorated to the effective date of the termination and payable at the

time that would have been required by the terms of the lease or

rental agreement;

2. Not receive a negative credit entry, a negative character reference,

or be liable for any other rent or fees due solely to the early

termination of the tenancy; and

3. Not be subject to any damages or penalties if a lease or rental

agreement is terminated under this subsection fourteen (14) or more

days prior to occupancy.

(d) Regardless of whether the named individual is a party to a lease or rental

agreement terminated under this subsection, the named individual:

1. Is deemed to have interfered with the terminated lease or rental

agreement between the landlord and tenant; and

2. Shall be civilly liable for all economic losses incurred by the landlord

for the early lease termination, including unpaid rent, early lease

termination fees, commissions and advertising costs incurred in

reletting the premises, costs to repair damages to the premises, or

any reductions in rent previously granted to the protected tenant.

(6) Regardless of conflicting provisions in a named individual's rental agreement or

lease, if a named individual and a protected tenant are cotenants, a landlord

may:

(a) Refuse access to the property by a named individual unless the named

individual is specifically permitted access by court order; and

(b) Pursue all available legal remedies against the named individual,

including:

1. Termination of the named individual's rental agreement or lease;

2. Eviction of the named individual, whether or not a lease or rental

agreement between the landlord and the named individual exists;

and

3. Action for damages against the named individual for any unpaid rent

owed by the named individual or any damages resulting from a

violation of a valid protective order listed in subsection (2)(b)1. of

this section.

(7) Notwithstanding the release of a protected tenant or an exclusion of a named

individual from a lease or rental agreement under this section, if there are any

remaining tenants residing in the dwelling unit, the tenancy shall continue for

those tenants.

(8) A landlord is immune from civil liability if the landlord in good faith acts in

accordance with this section.