Sample Letter to Landlord: Failure to Deliver Possession

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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 he or she fails to turn over the property to you in the manner required by law. See General Information about Failure to Deliver Possession for more details.

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


Date

Dear Landlord:

Please be advised that at the time I moved into my dwelling unit located at ___________, the dwelling unit was not in compliance with the requirements of KRS 383.590 because:

( ) The rental agreement states:

( ) You did not:

      ( ) Comply with the requirements of applicable building and housing codes materially affecting health and safety.
  ( ) Make all repairs and do what was necessary to put and keep the premises in a fit and habitable condition.
  ( ) Keep all common areas of the premises in a clean and safe condition.
  ( ) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by you.
  ( ) Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1.

Therefore, under KRS 383.630 of the ordinance, my rent abates until possession is delivered. Additionally, I am:

      ( ) Terminating the rental agreement five (5) days from receipt of this notice and upon termination you must return all prepaid rent and the security deposit.
  ( ) Demanding performance of the rental agreement by you.

Please be further advised that the ordinance provides that if your failure to deliver possession is willful and not in good faith, I may recover from you an amount not more than three (3) months periodic rent or threefold the actual damages sustained, whichever is greater, and a reasonable attorney's fee.

Sincerely,



Reviewed August 2009