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Bill Summary · HB 202

Summary of HB 202 (2026 Regular Session, Kentucky)

Purpose and intent

HB 202 aims to establish a comprehensive framework governing rights and obligations of landlords and tenants in residential leases. It consolidates, updates, and expands Kentucky’s lease law by repealing and reenacting key provisions within Chapter 383, with an emphasis on fair dealing, habitable premises, due process, remedies for noncompliance, eviction procedures, and tenant protections against retaliation and unconscionable terms.

Key provisions and changes

  • Definitions and scope (Section 1): Creates standardized terms for “lease,” “tenant,” “landlord,” “premises,” “essential service,” “damages,” “unearned rent,” and other critical concepts to ensure uniform application across Sections 1–61.
  • Applicability and occupancy (Section 2): Extends Sections 1–61 to most residential leases, with specific carve-outs for certain arrangements (public/private facilities, sales contracts, certain organizational housing, transient occupancy, etc.).
  • Notice, records, and disclosure (Sections 6–9, 7):
    • Landlords must provide prospective tenants with criteria for lease entry and disclose known noncompliances, foreclosure status, prepaid rent allocation, and applicable rules before accepting funds or signing.
    • At lease start, landlords must furnish identifying contact information and how rent is to be paid; tenants must provide mailing and electronic contact details and designate a contact person for estate matters.
  • Rent, term, and forms (Sections 10–12):
    • Clarifies rent under a standard framework, including payment timing, proportional daily rent, and when a tenancy defaults to periodic (week-to-week or month-to-month).
    • Requires a copy of a signed lease to be provided; penalties apply for willful noncompliance.
    • Addresses enforceability of unsigned leases delivered by acceptance of rent.
  • Nonwaivable duties and habitable premises (Sections 16, 15, 26–27, 28):
    • Landlords have a nonwaivable duty to maintain habitable premises per applicable codes and standards, including essential services (heat, water, sewage, electricity) and safety systems.
    • Landlords must respond to essential-service breaches; tenants may secure services or damages if repairs are not timely.
  • Repair remedies and tenant remedies (Sections 20–27):
    • Establishes a structured remedy framework for noncompliance, including notice-and-remedy periods (14 days generally; 5 days for essential service issues), with options such as rent withholding (with limits), repair-and-deduct, and alternative housing costs.
    • Provides escrow mechanisms for disputed rent where applicable and outlines remedies if essential services are disrupted.
  • Dispossessory and holdover (Sections 34–38):
    • Prohibits self-help eviction; governs possession actions through court processes.
    • Clarifies holdover rules and consequences for willful or persistent possession after term expiration.
  • Rent and termination provisions (Sections 10, 30, 37):
    • Details when and how rent can be terminated for nonpayment or noncompliance; includes notice periods and defined termination dates for various tenancy types.
  • Abandonment and death of a tenant (Sections 33–40):
    • Outlines procedures when a tenant abandons a unit or dies, including rights of surviving spouses or domestic partners to assume or terminate leases and related timelines.
  • Retaliation protections (Sections 40–41):
    • Prohibits retaliatory actions by landlords in response to tenant complaints or exercising rights; grants tenants defenses and potential treble damages for retaliatory conduct.
  • Attorney’s fees and costs (Section 14):
    • Courts may award prevailing-party costs and, under certain conditions, attorney’s fees to the prevailing party; excludes landlord fees in uncontested possession actions.

Who is affected

  • Tenants and prospective tenants: New disclosure duties, contact requirements, remedies for noncompliance, protection against retaliation, and clearer notice procedures.
  • Landlords and managers/sublessors: Expanded duties to maintain habitable premises, disclose rules and conditions, follow notice protocols, and observe restrictions on self-help and certain fee practices.
  • Owners and successors: Clear rules on conveyance, security deposits, and post-sale liabilities.
  • Tenant representatives and successors: Defined roles in notices and lease terminations, especially in cases of death or transfer.

Procedural and timeline aspects

  • Many landlord rule changes become effective after notice periods (typically 30 days) or upon commencement of a lease term.
  • Remedies generally require a sequence: notice of noncompliance, a remedial period, and subsequent actions (termination, withholding, repair-deduct, or replacement housing) if noncompliance persists.
  • They establish specific timelines for essential-service restoration (as short as 5 days in emergencies) and termination notices (ranging from 14 to 30 days depending on the scenario).

Note: This is an unofficial summary of the bill as filed. For precise language, consult the enacted text and any amendments adopted during the legislative process.

Compiled from official sources — confirm details with the bill’s official record.

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