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This content was last updated on 5/19/2025

What is repair and deduct?

Repair and deduct lets a tenant make necessary repairs to things in their rental unit.  The problem has to be something serious enough to materially affect health and safety. If the landlord doesn’t make repairs and the tenant followed the right procedure, they can then deduct (subtract) some of the cost to fix it from the rent.

What are landlords responsible to repair?

Kentucky landlords are responsible for keeping these things in good working condition: 

  • plumbing,
  • electricity,
  • gas,
  • running water, hot and cold,
  • heating (between Oct. 1-May 1),  
  • appliances that come with the unit,
  • smoke alarms and required carbon monoxide detectors,
  • air conditioner if the landlord provides it. 

Also, common areas must be kept safe and clean.

If any of these stops working or breaks, the landlord has to fix it.  The only time a landlord isn’t responsible is if the tenant is at fault for the damage.

Even if the lease says something different, a landlord is still responsible for making these listed repairs.

As a tenant, what repairs am I responsible for?

You are responsible for damage you did on purpose or because you were not careful.  You are also responsible for damages done by people who live with you or your guests. If it’s not an emergency, you can usually wait until the landlord asks you to make repairs. 

How do I ask a landlord to make repairs?       

You must ask the landlord to make repairs in writing.   Make sure you describe the problem in detail in your letter.  Tell the landlord what you plan to do if the repairs aren’t made.  You have 2 options:

  1.  Ending your lease:  if the landlord doesn’t make the repairs within 14 days after getting    your letter, you can end your lease after 30 days; or
  2. Repair and deduct: if the landlord doesn’t make the repairs within 14 days after getting your letter, you can fix the problem.  You can do it yourself or have a qualified person do it. Then you deduct (subtract) the cost of repair, up to the amount allowed, from your next month’s rent.

You have to pick an option. In your letter to the landlord, you need to say which option you want.

Can my landlord refuse to make repairs after they get the letter?

Your landlord can’t refuse to make repairs that are their responsibility. BUT make sure you still pay your rent and follow other terms of your rental agreement.  Even if your landlord doesn’t make repairs, they can still evict you for non-payment of rent. 

What can I do if my landlord doesn’t make the repairs?

If you send the landlord a letter asking for repairs and they don’t fix things within 14 days after they get the letter, you can cancel your rental agreement after 30 days.  

If this is the second time in 6 months that your landlord doesn’t make repairs after you gave them a letter asking for repairs, you can cancel your lease after 14 days if repairs are not made 

Or you can use the repair and deduct process. The process is outlined below.   

Can I withhold rent or put the rent into escrow with the court if the landlord doesn’t make the repairs?

No. You can’t withhold rent. If you follow the right procedure, you are allowed to repair and deduct part of the rent; but you aren’t allowed to withhold the entire rent. Escrowing rent is not allowed under URLTA.

How do I do the repair and deduct?
  • Send your landlord a letter and describe the problem.  Send the letter certified mail with a return receipt requested to prove that the landlord gets the letter.  Keep a copy of the letter for your records.
  • In the letter, tell the landlord they have 14 days to make the repairs.  Tell them if they don't make the repairs, you will fix the problem and subtract the costs from your rent.  The 14 days starts from the date the landlord got the letter, NOT the date the letter was sent.
  • You can repair the problem yourself or have someone else do it.
    • If you do the work yourself, keep receipts for any materials you buy.  Send your landlord a letter when the work is done, include copies of the receipts for the materials that you bought.  You can't count your labor anything that you didn't pay for.
    • If someone else does the work, make sure you get an itemized receipt or statement.  Send your landlord a letter when the work is done and include a copy of the statement that shows you paid in full.
  • Make sure you keep a copy of your letter and any statements or receipts.
  • Deduct the cost of the work or materials from your next month's rent.  You can't deduct more than $100 or half a month's rent, whichever is greater.
Does repair and deduct only apply to certain counties?

Yes.  Remember that this information about repair and deduct is only for people that live in a county or city where URLTA (Uniform Residential Landlord & Tenant Act) is in effect.  As of 4/2025, these are the cities and counties that have  URLTA: Barbourville, Bellevue, Bromley, Covington, Dayton, Elsmere, Florence, Lexington-Fayette County, Georgetown, Louisville-Jefferson County, Ludlow, Melbourne, Morgantown, Newport, Oldham County, Pulaski County, Shelbyville, Silver Grove, Southgate, Taylor Mill and Woodlawn.

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