O'Rourke v. Lexington Real Estate Co., 365 S.W.3d 584 (2011)

Citation: O'Rourke v. Lexington Real Estate Co., 365 S.W.3d 584 (2011)
Parent Document: O'Rourke v. Lexington Real Estate Co., 365 S.W.3d 584 (2011)
Jurisdiction: Kentucky (state)
Effective Date: 2011-10-07
Original Source: https://www.courtlistener.com/opinion/5281692/orourke-v-lexington-real-estate-co/ ↗

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From the record, we are unconvinced that any act or failure to act by O’Rourke meets the required statutory standard. Although O’Rourke appears to have made unkept promises of future rental payment and appears to have left the vacated property in less than perfect condition, his noncompliance with the terms of the rental agreement was not “willful” as that term is defined in KRS 383.545(17). Ordinarily, the failure to pay rent when due, accompanied by requests for extensions of time and promises of future payment, falls short of the statutory standard. Likewise, tasteless apartment decoration is hardly the type of willful conduct the statute envisions. To compensate the landlord for such matters as these, the lease agreement must be the basis for recovery, and a substantial recovery for past due rent and property damage was allowed here. O’Rourke’s tenancy prevailed for five years and substantial sums were awarded in damages under the contract. From the evidence we conclude that the additional award of attorney’s fees was erroneous.

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