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Kentucky, officially the Commonwealth of Kentucky, is one of four U.S. states constituted as a commonwealth (the others being Virginia, Pennsylvania, and Massachusetts). Originally a part of Virginia, in 1792 Kentucky became the 15th state to join the Union.
How to Screen a Tenant in Kentucky
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Step 1: Know Your Rights & Responsibilities
Landlords and property managers are subject to the Fair Credit Reporting Act [PDF] (FCRA) during the tenant screening process. Additionally, Kentucky has laws that affect the tenant screening process. You can find the current Kentucky Housing Codes on the Kentucky State Legislature website. If you are finding the formalities of the state code daunting, you might want to check out these friendlier sites:
A recent decision by the Supreme Court of Kentucky increases landlords' exposure to liability for injuries caused by their tenants' dogs. In Benningfield v. Zinsmeister, 367 S.W.3d 561 (Ky. 2012), the Court overturned past precedent and found that henceforth a Kentucky landlord may be liable for injuries caused by a tenant's dog that he or she permits to remain on or about the rented property even if the landlord did not know of the dog's dangerous propensities. Landlords: Don't Get "Bitten" by New Kentucky Dog Bite Law
Step 2: Required Forms & Disclosures
Tip: before you rent for the first time, consider hiring a lawyer to review all of the documents you will use during the application and rental process to ensure that you are protected to the fullest extent of the law.
Rental Application [PDF] (this must be completed in full by the applicant prior to screening)
Lease Agreement (written), containing or attaching the following information:
Owner/Agent Identity - this should include name and address, and if the owner/agent is out-of-state it must include contact information for a resident of the COUNTY in which the rental is located that can act as an agent for the purposes of serving notices and process.
Security Deposit - this must include the amount of the deposit and the conditions under which some or all of the deposit may be withheld. It must also include the name and banking institution holding the deposit.
Non-refundable Fees - explicitly describe any non-refundable fees, and state clearly that they are non-refundable.
Fire Protection & Safety Information: You must disclose the available fire protection and safety information specific to the unit you are renting, including smoking policy, evacuation plans, and who to notify in case of emergency.
Move-In Checklist: In Kentucky, the landlord and tenant must complete a checklist before landlord can collect a security deposit. (Ky. Rev. Stat. Ann. 383.580)
Owner Or Agent Identity: Kentucky landlords must disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises, and an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving notices and demands. (Ky. Rev. Stat. Ann. 383.585)
Security Deposit: In Kentucky, orally or in writing, landlords must disclose where the security deposit is being held and the account number. (Ky. Rev. Stat. Ann. 83.580)
Criminal, OFAC/Patriot Act & Sex Offender Records - A nationwide search is always performed. These jurisdictions specifically are available in Kentucky: Allen County Detention Center, Barren County Detention Center, Big Sandy Regional Detention Center, Bourbon County Detention Center, Boyd County Detention Center, Boyle County Detention Center, Breckinridge County Detention Center, Bullitt County Detention Center, Calloway County Jail, Campbell County Detention Center, Carroll County Detention Center, Carter County Detention Center, Casey County Jail, Clark County Detention Center, Crittenden County Detention Center, KY Department Of Corrections, Greenup County Detention Center, Hardin County Detention Center, Henderson County Detention Center, Jackson County Detention Center, Jessamine County Detention Center, Kenton County Detention Center, Knox County Detention Center, Laurel County Detention Center, Leslie County Detention Center, Lewis County Detention Center, Madison County Detention Center, Marion County Detention Center, Mason County Detention Center, Oldham County Jail, Pike County Detention Center, Powell County Detention Center, Pulaski County Detention Center, Rockcastle County Detention Center, Rowan County Detention Center, Russell County Detention Center, KY Sex Offender Registry, Shelby County Detention Center, Simpson County Detention Center, Taylor County Detention Center, Three Forks Regional Jail, Woodford County Detention Center.