Sample Letter to Landlord: Repair and Deduct

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***PLEASE READ BEFORE USING THIS DOCUMENT***

The following document ONLY applies to jurisdictions in Kentucky that have enacted the Uniform Residential Landlord Tenant Act. These jurisdictions are: Barbourville, Bellevue, Bromley, Covington, Dayton, Florence, Lexington-Fayette County, Georgetown, Louisville-Jefferson County, Ludlow, Melbourne, Newport, Oldham County, Pulaski County, Shelbyville, Silver Grove, Southgate, Taylor Mill and Woodlawn.

If you do NOT live in one of these jurisdictions, please do not rely on this document for legal advice.

Further, this information only applies to residential leases. It does not apply to: commercial units, properties under contract for sale, hotels or motels, or people who are employed by the landlord.


Here is a sample letter you can send to your landlord if you intend on repairing your property and deducting the costs from your rent. Read more about the landlord's maintenance obligations and how to withhold rent for repairs.

**You can also download this letter in Microsoft Word format.**


Date

Dear Landlord:

According to KRS 383.595, it is the landlord's obligation "to comply with the requirements of all applicable building and housing codes materially affecting health and safety" and "to make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition."

Please accept this as notice that I am requesting the immediate repair of the defects in my home. If you do not comply with this request within fourteen (14) days [twenty-four (24) hours if it is an emergency] of receipt of this letter, I may have the necessary work done in a professional manner and after submitting to you an itemized statement for the work actually done, I may then deduct the cost from my next month's rent. I understand that the cost of the repairs cannot exceed one-half of one month's rent or $100, whichever is greater.

The defects in need of repairs are: __________________________________________ _______________________________________________________________________ _______________________________________________________________________

I do/do not consider this an emergency.

I make the request for repairs under the authority of Section 383.635 of the county ordinance and the provisions of the city or county health or housing codes. In addition, under KRS 383.705, retaliatory conduct is prohibited and I understand that a landlord may not retaliate by increasing the rent, decreasing any services and/or evicting me. If the landlord attempts to retaliate in any of the above ways because I request repairs or complain to a code enforcement agency, I may be entitled to recover an amount of up to three (3) months rent, plus a reasonable attorney's fee.

I believe that the repairs I am requesting will contribute to the general upkeep of the dwelling and I recognize this to be a mutually beneficial action. I wish to remain as a tenant in my home and to cooperate with you in every way possible. I hope we can reach an agreement on the repairs right away.

Sincerely,



Reviewed August 2009