listing, he shall state specifically in
writing the items on the list to which he dissents, and shall sign such statement of
dissent.
(4) No landlord shall be entitled to retain any portion of a security deposit if the
security deposit was not deposited in a separate account as required by subsection
(1) of this section and if the initial and final damage listings required by subsections
(2) and (3) of this section are not provided.
(5) A tenant who disputes the accuracy of the final damage listing given pursuant to
subsection (3) of this section may bring an action in District Court. Tenant's claim
shall be limited to those items from which the tenant specifically dissented in
accordance with the provisions of subsection (3) of this section, or except as
otherwise provided, and if the tenant shall fail to sign the listing or specifically
dissent in accordance with subsection (3) of this section, the tenant shall not be
entitled to recover any damages under this section.
(6) In the event a tenant leaves not paying his last month's rent and does not demand a
return of his deposit, the landlord may, after thirty (30) days, remove the deposit
from the account and apply any such excess to the debt owing.
(7) In the event the tenant leaves not owing rent and having any refund due, the
landlord shall send notification to the last known or reasonably determinable
address, of the amount of any refund due the tenant. In the event the landlord shall
not have received a response from the tenant within sixty (60) days from the
sending of such notification, the landlord may remove the deposit from the account
and retain it free from any claim of the tenant or any person claiming in his behalf.
Effective: July 13, 1984
History: Repealed and reenacted 1984 Ky. Acts ch. 176, sec. 16,