Kentucky Security Deposit

[olderbudwizer]

Entered a 12-mo lease 4 yrs ago, now moving (Kentucky). LL was living in home and moving to new investment property. I have provided 45-day notice of lease termination. Landlord holds a security deposit, and there are two items I suspect will need repairs. In signing my new lease, I discovered that KY has 2 requirements for landlord: 1) if a deposit is taken, then a joint move-in inspection must be done, and 2) LL must notify tenant in writing WHERE deposit funds are held and that they are in a separate account from other monies LL has. I have made all payments on time.

Although a move-in inspection was planned & discussed, it didn't happen due to LL having to delay his move-out 4 yrs ago and time ran short. Plus, no notice of deposit location or sep acct. was provided. Therefore, I believe deposit to be invalid. Can I pursue full return of deposit (>$1000) and avoid paying for said repairs (I believe they will cost less than the deposit amount)? LL was a licensed KY realtor at time of lease inception. Lease was with him at the time, although he now uses a prop mgt firm.

Thanks

[SChinFChin]

Entered a 12-mo lease 4 yrs ago, now moving (Kentucky). LL was living in home and moving to new investment property. I have provided 45-day notice of lease termination. Landlord holds a security deposit, and there are two items I suspect will need repairs. In signing my new lease, I discovered that KY has 2 requirements for landlord: 1) if a deposit is taken, then a joint move-in inspection must be done, and 2) LL must notify tenant in writing WHERE deposit funds are held and that they are in a separate account from other monies LL has. I have made all payments on time.

Although a move-in inspection was planned & discussed, it didn't happen due to LL having to delay his move-out 4 yrs ago and time ran short. Plus, no notice of deposit location or sep acct. was provided. Therefore, I believe deposit to be invalid. Can I pursue full return of deposit (>$1000) and avoid paying for said repairs (I believe they will cost less than the deposit amount)? LL was a licensed KY realtor at time of lease inception. Lease was with him at the time, although he now uses a prop mgt firm.

Thanks

Does KY landlord tenant laws REQUIRE the full return if all the technicalities are NOT followed?? If the answer is YES, then you get it back.

But does it say you can wreck the house, and he can't do anything?? I doubt it.

But from the tone of your post, you seem to indicate that there are damages due. If so, there is no reason why the landlord cannot send you a letter enclosing the full deposit, and in turn demanding you issue a check for the damages, or he will sue you, and sue for court costs as well.

This is what I will do in your landlords shoes, if only to make sure you don't get away on a technicality.

[olderbudwizer]

Yes the law does require full return if either condition not met. But I also read since my post that LL can pursue you for damages recovery. Thanks - I guess I'll work out a reasonable amount, since I am likely only liable for the unused 'full life' portion of the materials. If the house is 8 yrs old and the carpet expected to last 10, then replacement damages limited to 2 yrs worth of cost.