Security Deposit Laws
Maximum Amount: There is no statutory limit to the amount a landlord can request. The deposit amount is determined by the signed lease agreement.
- Receipt Required? No, a security deposit receipt is not required.
Return Period: If a tenant leaves owing rent without demanding their deposit, the landlord must wait 30 days before applying the funds to the outstanding balance. If the tenant leaves owing no rent and is owed a refund, the landlord must mail a notice of the refund amount to the tenant’s last known address; if the tenant does not respond to claim the refund within 60 days, the landlord is legally permitted to keep the deposit free from all future claims (KRS 383.580(6)-(7)).
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Itemized List Required? Yes, the landlord must first present a comprehensive listing of pre-existing damages before move-in (KRS 383.580(2)), followed by an itemized list of post-move-out damages with estimated or actual repair costs (KRS 383.580(3)). Failure to conduct these joint walkthroughs, obtain signatures/written dissents, or hold the funds in a separate regulated escrow account forfeits the landlord’s legal right to withhold any of the deposit (KRS 383.580(4)).
Landlord Disclosures
Lead-Based Paint Disclosure: For residential structures constructed before January 1, 1978, the landlord must disclose any known lead-based paint hazards and provide an EPA-approved information pamphlet prior to lease execution (40 CFR § 745.113).
Owner and Manager Identity: At or before the start of the tenancy, the landlord must disclose in writing the name and physical address of the property manager and the owner (or person authorized to accept legal notices/lawsuits) (KRS 383.585).
Pre-Existing Damage Disclosure (Move-In Checklist): Before accepting any deposit, the landlord must present a comprehensive, written list of all pre-existing property defects and estimated repair costs, which both parties must inspect and sign (KRS 383.580(2)).
Security Deposit Bank Account Details: Landlords must disclose in writing the name of the bank and the specific account number to which the tenant’s security deposit is held in a separate, dedicated escrow account (KRS 383.580(1)).
Sample
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