I signed a lease agreement in Aug/Sept 2007 for a second floor apt in KY.
I provided a security deposit as requested but when I signed the lease the landlord did not provide the name and/or acct number of the bank the money was placed. My understanding of KY law is such he is to keep all money separate and if there are issues any withheld rent is to be deposited in escrow into an acct at the same bank OR in the same acct until the situations are rectified.
From day one there have been issues with the downstairs neighbors being VERY LOUD. They have friends over all the time, playing loud music, having the TV loud and doing a lot of yelling/screaming. They don't just yell/scream at the TV but also at each other. They also have 2 dogs, lease states one, they do not control. They bark all the time and they do not clean up the feces which is in the common area. They also tend to leave the common entry door unlocked. By doing so anyone could walk up the stairs to my apt and do who knows what.
There is also an issue with heat. I control the thermostat but due gaps in the outside door, along with cracks down the middle of the doors, the apt does not stay warm. I have to keep the thermostat set at 85! If/when the furnace ever goes off the temp will drop 10 degrees or so in 15 mins time.
There is a draft across the floor as well as drafts from the windows. There are outside fitted storm windows that are of no assistance. We have to wear sweaters and sweats all the time (including when we sleep) in order to stay warm. We did place a thermometer in the hall outside our entrance door and temp reading is 40 degrees. This is due to the fact there is a secondary door to our deck area that has a plexiglass window as well as a gap at the bottom and crack in the middle. The cold air just comes right in through our entry door as there are cracks and gaps as well. You can see the hall light coming through the gaps and cracks.
The door leading directly to the deck from our apt is the same way. The only exception is the gaps are larger. You literally see daylight coming from underneath the doors and the sides. The heat never stays in.
I have made numerous complaints to the landlord via email and verbally and he acknowledged the issues but has done nothing to rectify the situations. The neighbors downstairs though apparently withheld rent (he told us that) and he put in a new outside door for them. He has stated he knows he has to buy new doors and put in weather stripping and has not.
There is a building next to the one we live in that he states he will be doing repairs too soon. Part of our heat issue is this vacant building that is connected to ours. There’s apparently little to no insulation between the two buildings and some broken windows.
He has acknowledged the neighbors downstairs are very difficult and self absorbed people. He went so far as to say they were moving because they bought a home. We found out this was not the case. In the email, when he said they were moving he said "AMEN" because he states they are so difficult. He even told me they had bounced a rent check to him.
When I signed my lease a credit check was done. I didn't think anything of it at the time that he did not request a fee for this. I then received a notice 2-3 wks ago stating I had been denied for a car loan. I did not apply for one. I called the creditor and they advised of the dealership that ran the check. He has apparently run a credit check several times utilizing his employer, the dealership. My understanding is this is illegal under the Fair Credit Reporting Act as I NEVER authorized his employer to run a credit check on me for any reason.
My landlord also called my employer and advised I hadn't paid rent and attempted to contact other clients. This, of course, could go against my credibility in my trade.
The landlord has also spoken with neighbors I have become friendly with about my finances and telling them I don’t pay my rent. He is overall bad mouthing me to everyone.
I have complained to the proper authorities as he has not rectified the living situation. I even requested to negotiate an out and he had no reply
It was odd that after I complained to the Health Dept about the dog feces and the garbage the downstairs neighbors throw in a trash can they keep outside the common entrance to the building and gets blown all over the entry way, that I received an eviction notice. My understanding is this would be considered retaliatory in nature since I have made numerous complaints to him without the situations being rectified.
There is a hearing set for 3/13 to address these issues. As I stated I withheld the rent in hopes he would rectify the situation and has not. I have also been advised in a letter that he will not be returning my security deposit. My understanding is he cannot do so unless he has to use the monies to make repairs to areas I damaged.
I can use any assistance regarding this/these issues.

