(A) (1) If the landlord willfully and materially fails to comply with the rental agreement or fails to comply with § 153.31 of this chapter and such non- compliance materially affects health and safety and the reasonable cost of compliance is less than $100, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may notify the landlord of his or her intention to correct the condition at the landlord’s expense.
(2) If the landlord willfully fails to comply within 14 days after being notified by the tenant in writing or as promptly as conditions require in case of emergency, the tenant may cause the work to be done in a professional manner and, after submitting to the landlord an itemized statement for the work actually done and for which the tenant has paid in full, deduct from his or her rent the actual and reasonable cost or the fair and reasonable value of the work, not exceeding the amount specified in this division (A).
(B) A tenant may not repair at the landlord’s expense if the condition was 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.
(KRS 383.635) (1984 Code, § 153.26) (Ord. O-29-85, passed 5-29-1985)