The Owensboro Human Relations Commission (OHRC), Catholic Charities and Kentucky Legal Aid (KLA) presented a tour guide to landlord-tenant laws in Kentucky on Thursday, bringing awareness to existing laws between landlord and tenants in the local area — laws that many people don’t realize could be beneficial to tenants and landlords alike.
The Director of Catholic Charities Susan Montalvo-Gesser cautions that, since a lease is a binding contract, establishing the rules of the relationship between a landlord and tenant is key. In the past, minority tenants with limited understanding of English have used their children as translators when reading and signing contracts, which KLA attorney Dave Farley and Montalvo-Gesser say is absolutely outlandish. Children working as translators for their parents is just one example of a hardship that may exist for tenants signing leases.
If anything feels “off” about a contract, Montalvo-Gesser urges people not to sign it. Moreover, while landlords do have the power in a landlord-tenant relationship, tenants cannot assume landlords know the law.
“When in doubt, have a lawyer review it,” Montalvo-Gesser said.
A walk-through of the potential property should always be conducted before signing a binding document.
“Test out water pressure, appliances and lights. Ask about usual utility charges. Ask questions of neighbors. Feel for the sturdiness of the floor and take pictures,” Montalvo-Gesser said. “Build a good relationship with your landlord and remember — they are people too. Communication is key.”
Executive Director of the Owensboro Human Relations Commission (OHRC) Kaitlin Nonweiler said, since July 2018, nine different discrimination reports have been brought to the OHRC while 44 reports of landlord-tenant issues have been reported locally.
The OHRC is the voice for discrimination cases that unfold in the Owensboro area, and these range from disability, retaliation, familial status, harassment, age, religion, national origin, race, color, sex to non-discrimination. Each of the classifications qualifies as a protected class for which the OHRC will advocate.
Recurring issues that often caused unrest between landlords and tenants included landlords who checked in with or made contact with tenants at inappropriate times of day, and landlords who didn’t fix appliances and other household fixtures when promised. Tenants can become very agitated, which can lead to broken contracts and tension between the two parties.
The Uniform Residential Landlord Tenant Act (URLTA) sets out to alleviate these issues by providing a clear and concise agreement that both parties can more easily understand. The act can be adopted by local governments in Kentucky to encourage landlords and tenants to maintain and improve the quality of housing and make the laws more uniform. Over 10 Kentucky counties have implemented URLTA, but no county west of Daviess has adopted URLTA to date.
“The Act sets out when the landlord is allowed to access the property and gives remedies for tenants and landlords when the other party breaks the rules,” Montalvo-Gesser said. “Provisions set out the landlord’s obligations and agreements and the tenant’s maintenance obligations.”
Nonweiler and her team at OHRC provide services in relation to the Fair Housing Law, and OHRC welcomes anyone with questions to reach out by calling (270) 687-8670 or emailing [email protected].
