(A) All landlords of residential property requiring security deposits prior to occupancy shall be required to deposit all tenants’ security deposits in an account used only for that purpose, in any bank or other lending institution subject to regulation by the commonwealth or any agency of the United States Government. Prospective tenants shall be informed of the location of the separate account and the account number.
(B) 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. The tenant shall have the right to inspect the premises to ascertain the accuracy of such listing prior to taking occupancy. The landlord and the tenant shall sign the listing, which signatures shall be conclusive evidence of the accuracy of such listing, but shall not be construed to be conclusive to latent defects. If the tenant shall refuse to sign such listing, he or she shall state specifically in writing the items on the list to which he or she dissents and shall sign such statement of dissent.
(C) At the termination of occupancy, the landlord shall inspect the premises and compile a comprehensive listing of any damage to the unit which is the basis for any charge against the security deposit and the estimated dollar cost of repairing such damage. The tenant shall then have the right to inspect the premises to ascertain the accuracy of such listing. The landlord and the tenant shall sign the listing, which signatures shall be conclusive evidence of the accuracy of such listing. If the tenant shall refuse to sign such listing, he or she shall state specifically in writing the items on the list to which he or she dissents, and shall sign such statement of dissent.
(D) No landlord shall be entitled to retain any portion of a security deposit if the security deposit was not deposited in a separate account as required by division (A) above and if the initial and final damage listings required by divisions (B) and (C) above are not provided.
(E) A tenant who disputes the accuracy of the final damage listing given pursuant to division (C) above may bring an action in District Court. Tenant’s claim shall be limited to those items from which the tenant specifically dissented in accordance with the provisions of division (C) above, or except as otherwise provided, and if the tenant shall fail to sign the listing or specifically dissent in accordance with division (C) above, the tenant shall not be entitled to recover any damages under this section.
(F) In the event a tenant leaves not paying his or her last month’s rent and does not demand a return of his or her deposit, the landlord may, after 30 days, remove the deposit from the account and apply any such excess to the debt owing.
(G) In the event the tenant leaves not owing rent and having any refund due, the landlord shall send notification to the last known or reasonably determinable address, of the amount of any refund due the tenant. In the event the landlord shall not have received a response from the tenant within 60 days from the sending of such notification, the landlord may remove the deposit from the account and retain it free from any claim of the tenant or any person claiming in his behalf.
(KRS 383.580) (1984 Code, § 153.15) (Ord. O-29-85, passed 5-29-1985)