You cannot withhold rent until you go through the legal process per KY's landlord/tenant laws. Even then, you have to put the rent money into an escrow account until the case is settled.
I don't think there is a law in Kentucky to provide air conditioning. I believe Arizona is the only state that has a law on that.
You cannot withhold rent for any reason.
Obviously - that would apply. It says if landlord is unable to repair - the lease is NOT ended nor do the tenant's obligations go away. That means the rent.
Arizona is the only state that requires air conditioning. The landlord is, however, required to keep your home in decent living conditions. If the A/C was working when you moved in, then he is required to fix it.
The statement that the landlord is NOT required to make any repairs while the tenant is still fully obligated is a superfluous statement that is not enforceable. If you took your landlord to court, he would lose.
You cannot withhold rent while you still live there, but you may argue that since the landlord refuses to keep the rental in livable condition, then the lease is void.
To be sure, call your local bar association for a 30 minute consultation with a real estate attorney. It shouldn't cost you more than about $25.00. It is well worth it.
no state requres that the landlord provide A/C UNLESS it's in the lease.
When you rented the place, you rented it with the understanding that there would be A/C. I would call the landlord and tell him you are giving 48 hours to have the A/C repaired or you will withhold FULL rent. It may go to court, by you can then counter sue. He will lose.
Kentucky has no law requiring working AC in rental properties. Not sure where you got that incorrect information. That being said, you also cannot withhold rent payments because a problem is not repaired. If you do so, you will face eviction.
NOPE u can NOT with hold rent unless
u want to start eviction process.
get a white board (large) from office supply place.
write in large letters - problems with apartment/landlord.
stand on side walk (public area) with sign in day light.
contact local TV reporters for problems.
u will be surprized how fast landlord fixes issues.
Just because one part of the lease agreement is unenforceable, does not make the entire lease null and voild.
And please KY doesn't require AC in rental properties. Also it is freakin almost October
No KY law requires AC. Only a few counties in Arizona actually require it.
Maybe what I read was for a different state, and I like the TV idea
So, in my lease agreement, it states, to keep it brief, that if the landlord is unable to perform their duties, including repairs, then the lease shall not be ended or tenant's obligations affected. But recently our air conditioning had went out, and though we informed the landlord a month ago, nothing has been repaired. My question is, because it's Kentucky law to provide air conditioning, else we can withhold our rent, does that part of the lease agreement still apply?
