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EspañolWho is protected under this housing law?
You may be eligible for protection under this housing law if you are what the law calls a protected tenant. A “protected tenant” is a current tenant, an applicant for tenancy, or a tenant with a minor household member who has one of the following court orders against an abuser:
- an emergency protective order or temporary interpersonal protective order prohibiting all unauthorized contact;
- a domestic violence protective order or interpersonal protective order prohibiting all unauthorized contact; or
- a criminal pre-trial release no contact order issued against an abuser arrested for assault, sexual offense, or violation of a protective order.1
1 Ky. Rev. Stat. § 383.300(2)(b)
How does this housing law protect me?
This law applies to leases that were created or renewed after June 29, 2017. It offers you various protections, explained below, if you are a protected tenant.
First, you have the right to terminate your lease by providing certain written documentation to your landlord.1
Second, your landlord cannot do any of the following because of your status as a protected tenant:
- end your lease;
- fail to renew your lease;
- refuse to enter into a lease with you; or
- retaliate against you in renting or leasing a residence.2
Note: Your landlord might still be allowed to do some of these things if s/he has a different legal reason to do them. For example, although a protected tenant cannot be evicted for calling 911, s/he could be evicted for nonpayment of rent.
Third, you have the right to install a new lock on your unit at your own expense. Before you make the change, you have to let your landlord know. Then, you have two options:
- re-keying the lock if the lock is in good working condition; or
- replacing the entire locking mechanism with a locking mechanism of equal or better quality than the lock being replaced.3
If your landlord asks for a copy of the new key, you are required to give him/her one. However, the landlord doesn’t have to give the abuser a new key, even if s/he is named in the lease.4
Note: The abuser is still responsible for rent if s/he is a tenant, even if s/he is not allowed on the property.5
1 Ky. Rev. Stat. § 383.300(5)(a)
2 Ky. Rev. Stat. § 383.300(3)(a)
3 Ky. Rev. Stat. § 383.300(4)(a)(1)
4 Ky. Rev. Stat. § 383.300(4)(a)(2), (4)(b)
5 Ky. Rev. Stat. § 383.300(4)(c)
Can the landlord make me sign a lease that says I can be evicted if I call the police for help?
The law says that a landlord cannot:
- stop you from calling for help due to an emergency, such as domestic violence; or
- put a clause in your lease that gives the landlord permission to terminate your lease or fine you if you call the police.1
If your landlord does include such a term in your lease, that section of the lease would be unenforceable. In other words, a judge would not make you follow it.
If your landlord tries to enforce that section of your lease, you can sue them for the following types of money damages:
- actual damages that you suffered, such as money that you spent due to the landlord trying to enforce that section of the lease against you;
- your reasonable attorney’s fees;
- all other costs that you had related to the court case against your landlord; and
- punitive damages, which are intended to punish the landlord, that could equal up to two months of rent.2
1 Ky. Rev. Stat. § 383.302(1)
2 Ky. Rev. Stat. § 383.302(2)
What actions can the landlord take against the abuser?
If you changed your locks under this housing law, your landlord can refuse to give the abuser a new key. It doesn’t matter if the lease or rental agreement says s/he is entitled to one. Additionally, being excluded from the property as part of a protective order or no contact order doesn’t change any terms of the lease. So, an abuser is still responsible for any amount of rent s/he was responsible for before s/he was kicked out.1
If you ended your lease early, the landlord could sue the abuser for money damages whether or not the abuser is listed on the lease or rental agreement. The lawsuit is due to the fact that the abuser “interfered” with the lease or rental agreement between you and your landlord, which caused the landlord to lose money.2
If you and the abuser are co-tenants, the landlord also has the right to:
- refuse to allow the abuser access to the rental property; and
- pursue all available legal remedies against the abuser, including lease termination, eviction, and suing for money damages.3
1 Ky. Rev. Stat. § 383.300(4) (b), (4)(c)
2 Ky. Rev. Stat. § 383.300(5)(d)
3 Ky. Rev. Stat. § 383.300(6)
