Security Deposit / Problems, Ky Law Reguarding

[Winfred]

I'm going out in a couple of months and that I am worried that my landlord may attempt to make the most of me by claiming I'm accountable for problems which are not my fault.  The wood floor in my own condo was in extremly bad form whe I shifted in (several scratches, burns and lacerations in most space).  Iam worried the landlord may declare that this harm is my problem and certainly will maintain my deposit or worse.  I examined my privileges, particularly KRS 383.580 and discovered that my landlord is needed to supply me a summary of problems in the beginning of the lease to be able to be permitted to maintain my deposit.  He did not supply this type of checklist, but he DID ask me to examine the house myself and notice any damages.  I examined the carbon-copy of the doc and discovered that I did not notice every harm to the wood floor.  Does this record that we finished count whilst the record outlined in KRS 383.580. "No landlord will be eligible to keep any part of a safety deposit when the safety deposit wasn't transferred in another consideration as required by subsection (1) of the area of course if the first and ultimate harm entries required by subsections (2) and (3) of the area aren't provided."   I would like to explain again to become obvious, this record of preliminary problems wasn't supplied by the landlord in my experience, but instead an application that I finished and shipped back.  Is my deposit at risk to be withheld from me?  Am I at risk to be held liable?  how will you recommend I move ahead?

[Edmondo]

jacob84:Does this record that we finished depend as
the report listed in KRS 383.580. "No
landlord will be eligible to keep any
Part of a security deposit when the protection
deposit wasn't placed in another
Bill as required by subsection (1) of the
Area and when the first and ultimate harm
Entries required by subsections (2) and (3)
With this section aren't provided." That area offers the fee for that landlord's failure to adhere to the harm record necessity. Nevertheless, the particular necessity is in section (2) of 383.580: Just Before tendering any thought considered to be always a safety deposit, the potential tenant will be given an extensive report on any then-current harm to the system which may function as the foundation to get a cost from the security deposit and also the projected dollar-cost of repairing such damage. The tenant will possess the to examine the premises to determine the reliability of such record just before taking occupancy. The landlord and also the tenant will sign the record, which signatures will be conclusive proof of the precision of such record, but shan't be interpreted to become definitive to hidden defects. When the tenant will will not signal such record, he'll state specifically written down the things about the checklist to which he dissents, and will sign such declaration of dissent. http://www.lrc.ky.gov/... I visit a handful of issues inside that may place the LL in conformity. 1 - "Tenant will be offered" does not state that the landlord needs to do the showing. That you simply published it and also have it could qualify. 2 - "Landlord and tenant will sign the listing." Appears To me all of the LL needs to do is sign his content as approval of the checklist also it might qualify under the law. Even although you did not attach your signature, you published it and he approved it. That would be enough. Bear in mind which you'd maintain small-claims court for just about any challenge concerning the safety deposit and also the "notice of regulations" is usually calm only a little because industry. Should you have not done so previously, it is best to photograph every inch of the area today, and again on re-locate. I'd not teach the LL about the examination needs. It'd be to your benefit if he does not precisely adhere to section (3) the law: in The termination of occupancy, the landlord will examine the areas and gather an extensive report on any harm to the system that will be the foundation for almost any cost from the security deposit and also the projected dollar-cost of repairing such damage. The tenant will then possess the to examine the premises to determine the reliability of such record. The landlord and also the tenant will sign the record, which signatures will be conclusive proof of the precision of such record. When the tenant will will not signal such record, he'll state specifically written down the things about the checklist to which he dissents, and will sign such declaration of dissent.      

[Wolcott]

It appears like they could maintain a number of your deposit because you did not listing all the problems upon move in.  You'll not be able to show otherwise which you did not harm the surfaces further.  as time goes by, you need to ensure that whenever you begin a new rent to listing anything, even when they're small scratches or blemishes, sign it and obtain the landlord to signal to safeguard yourself.  I had been within this scenario before, and even though I did not harm the home, I did not listing the harm since I believed it had been also little, so that they had the ability to withhold, some, although not all my protection deposit.