(A) Except as provided in this chapter, if there is a material non-compliance by the landlord with the rental agreement or a non-compliance with § 153.31 of this chapter materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 14 days, and the rental agreement shall terminate as provided in the notice subject to the following:
(1) If the breach is remediable by repairs, the payment of damages or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate by reason of the breach;
(2) If substantially the same act or omission which constituted a prior non-compliance covered by this division (A) of which notice was given recurs within six months, the tenant may terminate the rental agreement upon at least 14 days’ written notice specifying the breach and the date of termination of the rental agreement; and
(3) The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his or her family, or other person on the premises with his or her consent.
(B) Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any non-compliance by the landlord with the rental agreement or § 153.31 of this chapter.
(C) The remedy provided in division (B) above is in addition to any right of the tenant arising under division (A) above.
(D) If the rental agreement is terminated, the landlord shall return all prepaid rent.
(KRS 383.625) (1984 Code, § 153.24) (Ord. O-29-85, passed 5-29-1985)