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

Lexington 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 Lexington ordinance

RuleKentucky state lawLexington 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. (KRS 383.580(4) as adopted locally)
ItemizationRequiredMove-in and move-out comprehensive damage listings with estimated repair costs; tenant may inspect and must sign or specifically dissent in writing. (KRS 383.580(2)-(3) as adopted locally)
Who it coversSee state statute and conditions aboveResidential rentals in Lexington-Fayette Urban County to which the locally adopted URLTA applies.

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Source: Lexington-Fayette adoption of the Uniform Residential Landlord and Tenant Act · Checked: · Release: 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6

Ky. Rev. Stat. § 383.580 · Lexington-Fayette adoption of the Uniform Residential Landlord and Tenant Act

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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. (KRS 383.580(4) as adopted locally)

Move-in and move-out comprehensive damage listings with estimated repair costs; tenant may inspect and must sign or specifically dissent in writing. (KRS 383.580(2)-(3) as adopted locally)

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
FayetteFayette County District Court, Lexington$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 Fayette county filing page

Statute says

All landlords of residential property requiring security deposits prior to occupancy shall be required to deposit all tenants' security deposits in an account used only for that purpose, in any bank or other lending institution subject to regulation by the Commonwealth of Kentucky or any agency of the United States government. Prospective tenants shall be informed of the location of the separate account and the account number.

Lexington-Fayette adoption of the Uniform Residential Landlord and Tenant Act

What this means

Lexington-Fayette has adopted the Uniform Residential Landlord and Tenant Act in full and without amendment, so the city's deposit rules are the URLTA separate-account, damage-list, and forfeiture scheme. There is no city cap, interest mandate, or fixed day-count to mail a refund.

Source accessed: .

FAQ

Does Lexington 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 Lexington ordinance require?

Lexington-Fayette has adopted the Uniform Residential Landlord and Tenant Act in full and without amendment, so the city's deposit rules are the URLTA separate-account, damage-list, and forfeiture scheme. There is no city cap, interest mandate, or fixed day-count to mail a refund.

Does the ordinance cover my rental?

Residential rentals in Lexington-Fayette Urban County to which the locally adopted URLTA applies.

What's next?

Previous page summary

Lexington-Fayette has adopted the Uniform Residential Landlord and Tenant Act in full and without amendment, so the city's deposit rules are the URLTA separate-account, damage-list, and forfeiture scheme. There is no city cap, interest mandate, or fixed day-count to mail a refund.