Florence, Kentucky Security Deposit: Which Rule Applies and Your Next Step

Florence adopted the Uniform Residential Landlord and Tenant Act; neither its code nor Ky. Rev. Stat. § 383.580 sets a fixed number of days to return a deposit. No landlord is entitled to retain any portion of a security deposit if it was not deposited in a separate account and if the initial and final damage listings were not provided.

State law vs Florence ordinance

RuleKentucky state lawFlorence ordinance
Return deadlineNo fixed return deadlineNo separate return deadline in the ordinance text reviewed here
Penaltylandlord not entitled to retain any portion of the deposit if deposit was not held in the required separate account and initial and final damage listings were not provided. Bad faith required: No.No landlord is entitled to retain any portion of a security deposit if it was not deposited in a separate account and if the initial and final damage listings were not provided. (Florence Code § 97.01 adopting KRS 383.580(4))
ItemizationRequiredMove-in and move-out comprehensive damage listings with estimated repair costs; tenant may inspect and must sign or specifically dissent in writing. (Florence Code § 97.01 adopting KRS 383.580(2)-(3))
Who it coversSee state statute and conditions aboveResidential rentals in the City of Florence under the locally adopted URLTA (Ord. O-9-85).

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Source: Florence Landlord and Tenant Code · Checked: · Release: 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6

Ky. Rev. Stat. § 383.580 · Florence Landlord and Tenant Code

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Details of the return rules
Kentucky statutory deadlines
When it appliesDeadlineStarts from

Kentucky return rule: No fixed statutory deadline (landlord shall send notification of any refund due when tenant leaves not owing rent). Check the dates you entered above.

What URLTA adoption means here

You can quote this in your letter: No landlord is entitled to retain any portion of a security deposit if it was not deposited in a separate account and if the initial and final damage listings were not provided. (Florence Code § 97.01 adopting KRS 383.580(4))

Move-in and move-out comprehensive damage listings with estimated repair costs; tenant may inspect and must sign or specifically dissent in writing. (Florence Code § 97.01 adopting KRS 383.580(2)-(3))

Next step: send the letter asking for your deposit back by a date you set; the letter below cites KRS 383.580 and the city's adoption of URLTA.

County small claims courts

CountyCourt and cityLimitFiling feeE-filingCourt link
BooneBoone County District Court, Burlington$2,500Statewide filing fee: Confirm current filing and service fees with the circuit court clerk.Not verifiedOfficial court website
Court page check not recorded

See the Boone county filing page

Statute says

The Uniform Residential Landlord and Tenant Act (KRS 383.500 through 383.715) as enacted by the General Assembly of Kentucky in 1984 shall be and is hereby enacted and adopted in its entirety. The Uniform Residential Landlord and Tenant Act as enacted and adopted in its entirety by this section is as set forth in Exhibit "A" to Ordinance O-9-85 and incorporated herein by reference as if fully set out.

Florence Landlord and Tenant Code

What this means

Florence Code Chapter 97 adopts KRS 383.500 through 383.715 in their entirety. Deposit rules are therefore URLTA's separate-account, damage-list, and forfeiture scheme. No city cap or interest requirement.

Source accessed: .

FAQ

Does Florence set a separate deposit return deadline?

The ordinance text reviewed here sets no separate return deadline. See the Kentucky deadline and its conditions above.

What else does the Florence ordinance require?

Florence Code Chapter 97 adopts KRS 383.500 through 383.715 in their entirety. Deposit rules are therefore URLTA's separate-account, damage-list, and forfeiture scheme. No city cap or interest requirement.

Does the ordinance cover my rental?

Residential rentals in the City of Florence under the locally adopted URLTA (Ord. O-9-85).

What's next?

Previous page summary

Florence Code Chapter 97 adopts KRS 383.500 through 383.715 in their entirety. Deposit rules are therefore URLTA's separate-account, damage-list, and forfeiture scheme. No city cap or interest requirement.