Kentucky Roommate Agreement

Key Components of a Roommate Agreement

1. Parties Involved: The agreement should specify who is making the agreement, the property location, and the identity of the landlord, including current contact information for all signatories.

2. Lease Term: It is important to note the duration of the existing lease and how long the roommate agreement will last.

3. Security Deposit: The agreement should discuss how to split the security deposit among roommates and establish rules for its return or any deductions.

4. Rent Payment: The total rent amount must be stated along with how it will be divided among the roommates.

5. Utility Payments: The agreement should determine how utility payments will be split and identify who is responsible for sending payments to utility companies.

6. Lease Violations: Rules for handling violations of the lease or roommate agreement should be set, including procedures for when a roommate needs to move out early.

7. House Rules: Any house rules regarding food, cleaning, guests, etc., should be listed.

8. Room Assignments: The agreement should specify how bedrooms will be divided and which areas will or will not be shared.

9. Signatures: All parties must sign and date the agreement, and a completed landlord consent form should be attached.

Types of Roommate Agreements in Kentucky

Understanding the different types of tenancy is crucial before signing a roommate agreement. The law recognizes three basic types:

1. Co-tenancy: In this arrangement, all roommates are on the same lease, sharing equal responsibility for the landlord and lease terms. They cannot evict one another and must go through the landlord for any misconduct issues.

2. Subtenancy: Here, the original tenant acts as the landlord for the roommate (subtenant), receiving rent and being responsible for the subtenant’s rental issues. The original tenant can typically evict the subtenant for misconduct. Subleasing usually requires the landlord’s permission.

3. At-Will Tenancy / Guest Tenancy: This informal arrangement lasts up to 30 days unless the lease states otherwise. After this period, the guest is considered a subtenant and can only be removed through formal eviction. Landlords can limit guest stays and evict if the original tenant violates guest rules.

Lease Violations

In co-tenancy situations, roommates are “jointly and severally liable” for the lease terms. This means that if one roommate fails to pay their share of the rent, the landlord can demand full payment from any of the co-tenants. If a roommate has not signed the original lease and the landlord has not consented to the roommate agreement, the original tenant is fully responsible for any violations committed by the roommate.

Resolving Roommate Disputes

In the event of a dispute, the lease takes precedence over the roommate agreement. House rules regarding food sharing, chores, and quiet hours are generally not enforceable in court. Roommates with disagreements not related to the lease may consider using a binding and neutral third-party service, such as mediation or arbitration.

Statutes

• Ky. Rev. Stat. § 383.130 – Tenancy under contract to labor forfeited by breach
• Ky. Rev. Stat. § 383.535 – Exclusions from Application
• Ky. Rev. Stat. § 383.560 – Notice
• Ky. Rev. Stat. § 383.565(2) – Terms and conditions of rental agreement
• Ky. Rev. Stat. § 383.565(3) – Terms and conditions of rental agreement
• Ky. Rev. Stat. § 383.580(1) – Security deposits
• Ky. Rev. Stat. § 383.580(2) – Security deposits
• Ky. Rev. Stat. § 383.580(3) – Security deposits
• Ky. Rev. Stat. § 383.580(4) – Security deposits
• Ky. Rev. Stat. § 383.580(6) – Security deposits
• Ky. Rev. Stat. § 383.580(7) – Security deposits
• Ky. Rev. Stat. § 383.585(1) – Disclosure
• Ky. Rev. Stat. § 383.595 – Landlord maintenance obligations and agreements
• Ky. Rev. Stat. § 383.605 – Tenant’s maintenance obligations
• Ky. Rev. Stat. § 383.610 – Rules and Regulations
• Ky. Rev. Stat. § 383.615 – Access
• Ky. Rev. Stat. § 383.635 – Remedies for noncompliance that affects health and safety
• Ky. Rev. Stat. § 383.640 – Wrongful failure to supply essential services
• Ky. Rev. Stat. § 383.645 – Landlord’s noncompliance as defense to action for possession or rent
• Ky. Rev. Stat. § 383.660(1) – Tenant’s noncompliance with rental agreement – Failure to pay rent
• Ky. Rev. Stat. § 383.660(2) – Tenant’s noncompliance with rental agreement – Failure to pay rent
• Ky. Rev. Stat. § 383.695(1) – Periodic tenancy – Holdover remedies
• Ky. Rev. Stat. § 383.695(2) – Periodic tenancy – Holdover remedies
• Ky. Rev. Stat. § 383.670(2) – Remedies for absence, nonuse and abandonment
• Ky. Rev. Stat. § 383.655 – Tenant’s remedies for unlawful ouster, exclusion or diminution of service
• Ky. Rev. Stat. § 383.705 – Retaliation conduct
• Ky. Rev. Stat. § 413.010 – Action for recovery of real property – Fifteen year limitation
• Ky. Rev. Stat. § 413.080 – Action upon equity of redemption in personal property
• Ky. Rev. Stat. § 514.040 – Theft by deception
• Ky. Rev. Stat. § 24A.230 – Jurisdiction – Authority