383.635 Remedies for noncompliance that affects health and safety.
(1) If the landlord willfully and materially fails to comply with the rental agreement or
fails to comply with KRS 383.595 and such noncompliance materially affects health
and safety and the reasonable cost of compliance is less than one hundred dollars
($100), or an amount equal to one-half (1/2) of the monthly rent, whichever amount
is greater, the tenant may notify the landlord of his intention to correct the condition
at the landlord's expense. If the landlord willfully fails to comply within fourteen
(14) days after being notified by the tenant in writing or as promptly as conditions
require in case of emergency, the tenant may cause the work to be done in a
workmanlike manner and, after submitting to the landlord an itemized statement for
the work actually done and for which the tenant has paid in full, deduct from his
rent the actual and reasonable cost or the fair and reasonable value of the work, not
exceeding the amount specified in this subsection.
(2) A tenant may not repair at the landlord's expense if the condition was caused by the
deliberate or negligent act or omission of the tenant, a member of his family, or
other person on the premises with his consent.
Effective: July 13, 1984
History: Repealed and reenacted 1984 Ky. Acts ch. 176, sec. 27, effective July 13,
1984. -- Created 1974 Ky. Acts ch. 378, sec. 28.