General Information about Failure to Deliver Possession

Printer-friendly versionPrinter-friendly version


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.

If you enter into a lease with a landlord, he or she must deliver possession of the property to you when stated. The property must also be in such a condition that all of the maintenance obligations are met. (See information on Code Compliance.) If the landlord does not do this, you may either:

  • Terminate your lease with five days written notice to the landlord. (If you do this the landlord must refund any prepaid rent or security deposit.)

  • Demand performance by the landlord. (If the landlord does not perform you may seek damages.)

If your landlord acted in bad faith by not delivering possession, you may also have a claim against him or her for up to three months rent damages.

You can use this letter to send to your landlord to demand possession of the property.

Reviewed August 2009