Landlord In Open Violation Of Ky Statute Krs383.580 (by My Understanding)

Location: Kentucky

I requested the mandated list according to 383.580(2)(to be provided BY landlord PRIOR to the tendering of any security deposit) and their response stating that they do not do that. Also attached is the “move-in checklist” which is to be completed BY tenant AFTER move-in. Is this not a clear violation of the statute? What should my response be?

My message:

Hey Alec, I appreciate the quick response,

While I understand if the lease can not be amended, according to KRS 383.580, “ Prior to tendering any consideration deemed to be a security deposit, the prospective tenant shall be presented with a comprehensive listing of any then-existing damage to the unit which would be the basis for a charge against the security deposit and the estimated dollar cost of repairing such damage.” If you are unwilling to provide the itemized comprehensive listing of damages as mandated then I am not sure we can move forward in the payment of the security deposit, and we will be forced to treat this as a failure of the landlord to meet the conditions required to retain the initial $500 holding fee. The blank form available on the website is an inventory, not a 'comprehensive listing of then-existing damage.' Under KRS 383.580(2), the landlord must generate the initial list. If there is a comprehensive list on the site please direct me to it so we can resolve this matter as soon as possible.

Response:

Hi Luka,

Thank you for your message and for outlining your understanding of KRS 383.580—we appreciate your diligence.

To clarify, the move-in inspection form provided is part of our standard process and is intended to document the condition of the home at the time of possession. This allows you, as the resident, to note any existing damages or concerns upon move-in so they can be properly recorded and acknowledged.

At this time, we do not provide a pre-generated, itemized list of existing damages prior to move-in. However, the purpose of the form is to ensure transparency and give you the opportunity to comprehensively document the unit’s condition yourself at the start of your tenancy.

Please let us know how you would like to proceed.

Best regards,

American Ave Leasing