Kentucky Landlord-Tenant Law

As used in Sections 1 to 61 of this Act (HB128): 'Action' means an action for damages, possession, ejectment, quiet title, specific performance, or other judicial proceeding in which rights under a lease are determined. 'Actual damages' means compensation for direct, consequential, or incidental injuries or losses, including amounts payable under the lease for a violation and diminution in the value of a dwelling unit. 'Building, housing, fire, or health code' includes any law concerning fitness for habitation or the construction, maintenance, operation, occupancy, use, or appearance of the premises. 'Criminal act' or 'criminal activity' means manufacture, sale, distribution, use, or possession of a controlled substance on or near the premises, or activity criminal under state or federal law that threatens health or safety. 'Dwelling unit' means property leased for use as a home or residence, including single-family residences and structures or parts of structures in which the tenant resides with any exclusive-use areas. 'Essential service' means heat, hot and cold running water, sewage or septic disposal, and electricity, and includes gas or air conditioning if required by the lease or law. 'Fees' means amounts payable by a tenant to a landlord which the landlord has no obligation to return, and does not include rent or a security deposit. 'Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing. 'Guest' means an individual invited on the premises by a tenant or immediate family member. 'Immediate family member' means any individual related by blood, adoption, marriage, civil union, or domestic partnership, or having an intimate relationship, or a foster child, stepchild, or ward, who habitually resides in the unit. 'Landlord' means the owner of a dwelling unit rented to a tenant, a successor in interest, an unconsented sublessor, or a manager who fails to comply with disclosure requirements. 'Lease' means a contract between a landlord and tenant for a fixed term or periodic tenancy, including amendments and rules disclosed or adopted pursuant to the Act. 'Periodic tenancy' means a tenancy for month to month or week to week. 'Premises' means the dwelling unit and any structure or area owned by the landlord associated with the unit and held out for use of tenants generally. 'Rent' means a payment for the right to possession of a dwelling unit and does not include a security deposit or fees. 'Security deposit' means funds provided to a landlord to secure payment or performance of tenant obligations, and does not include rent or fees. 'Tenant' means a person party to a lease entitled to possession, an authorized assignee or sublessee, or an individual authorized to occupy the unit. 'Willful' means intentional performance of a prohibited act, intentional failure to perform a required act, or deliberate indifference to whether performance violates the Act or lease.

Sections 1 to 61 of this Act apply to a lease of a dwelling unit in this Commonwealth. The following arrangements are not governed by this Act: (a) Residence at a public or private facility if incidental to detention or the provision of medical, mental health, geriatric, counseling, educational, religious, disability, personal safety, or similar service; (b) Occupancy under a contract of sale or option to purchase a dwelling unit if the occupant is the purchaser or optionee; (c) Occupancy by a member of a fraternal or social organization in a part of a structure operated for the benefit of the organization; (d) Transient occupancy charged on a daily basis with housekeeping and linen service provided, not exceeding 30 consecutive days; (e) Occupancy by an employee of a landlord when the right to occupancy is conditioned on employment; (f) Occupancy by a holder of a proprietary lease in a cooperative; (g) Occupancy under a lease covering premises used for agricultural purposes; (h) Occupancy as a vacation rental (vacation purposes only, unit furnished, not exceeding 30 consecutive days); and (i) A ground lease of real property that does not include a dwelling unit.

Every lease or duty under Sections 1 to 61 of this Act imposes an obligation of good faith in its performance and enforcement. Good faith means honesty in fact and the observance of reasonable commercial standards of fair dealing.

If a court, as a matter of law, finds a lease or any provision of the lease was unconscionable at the time it was made, the court may refuse to enforce the lease, enforce the remainder of the lease without the unconscionable provision, or limit application of the unconscionable provision to avoid an unconscionable result. The same rule applies to settlement agreements in which a party waived or agreed to forgo a claim or right under the lease or this Act. If unconscionability is put in issue, the court shall allow the parties to present evidence of the setting, purpose, and effect of the lease or settlement agreement.

A person has notice of a fact if the person has actual knowledge, received notice, or has reason to know the fact exists. If the Act requires notice in a record, the notice must be signed by the person giving it and: (a) delivered personally to the recipient; (b) deposited in the mail with proper postage and properly addressed to the address specified by the landlord under Section 7 or the tenant under Section 8; or (c) unless the landlord or tenant requires notice only by personal delivery or mail, delivered by another means of communication with cost of transmission provided and properly addressed. A person receives notice when the fact comes to their attention or, if notice in a record is required, when the notice is personally delivered or sent or delivered by mail or other means.

Before accepting an application fee, the landlord shall disclose to the prospective tenant the criteria used to determine willingness to enter into a lease. Before accepting security deposit funds, prepaid rent, or fees other than an application fee, or before entering into a lease, a landlord shall disclose: (a) any known condition that would constitute noncompliance materially interfering with health, safety, or use and enjoyment; (b) whether a foreclosure action has been commenced against the premises; (c) if rent is prepaid, the month or period to which it applies; and (d) rules affecting the tenant's use and enjoyment. At or before commencement of the lease term, the landlord shall give the tenant notice in a record specifying: (a) the name of the landlord, any authorized manager, the owner, any person authorized to act for the owner for service of process, and any person authorized to receive notices; (b) the mailing and electronic address for notices; and (c) the address or method for delivery of rent. Landlord must keep this information current. If premises were in foreclosure before the lease and disclosure was not made, the tenant may recover actual damages.

A lease may include terms and conditions not prohibited by this Act or other law. Unless the lease or law otherwise provides: (a) the tenant shall pay rent for the term in an amount comparable to rent for similar units in the same location; (b) rent is payable without demand or notice at the landlord's designated address or place of business and on the first day of each month or beginning of the term if less than one month, and is uniformly apportioned day to day; and (c) a rental period is monthly beginning with the first day of the month for fixed terms over one month or month-to-month tenancies, and for all other tenancies begins on the first day rent is paid. A landlord shall provide the tenant a copy of any signed lease. If a landlord willfully fails to provide a copy of the signed lease, the tenant may recover actual damages or one month's periodic rent, whichever is greater.

A lease may not require the tenant to: (a) waive or forgo a right or remedy under this Act; (b) authorize a person to confess judgment on a claim arising out of the lease; (c) perform a duty imposed on the landlord by Section 16 (habitability); (d) agree to pay attorney's fees and costs other than those provided by this Act; or (e) agree to exculpate or limit the liability of the landlord arising under this Act or law or indemnify the landlord for such liability and costs. A provision prohibited by this section is unenforceable. If the landlord seeks to enforce a prohibited provision or accepts the tenant's voluntary compliance, the court may award the tenant an amount not to exceed three times the periodic rent.

A landlord has a nonwaivable duty to maintain the premises in a habitable condition, including making necessary repairs. The duty requires the landlord to ensure the premises: (a) comply with all applicable building, housing, fire, or health codes; (b) have effective waterproofing and weather protection of roof and exterior walls including windows and doors; (c) have plumbing facilities that conform to law and are maintained in good working order; (d) have access to a water supply providing hot and cold running water; (e) have adequate ventilation and heating facilities conforming to law and in good working order; (f) have electrical lighting with wiring and equipment conforming to law and in good working order; (g) have reasonable measures to control rodents, bedbugs, and other vermin and to prevent exposure to unsafe levels of radon, lead paint, asbestos, toxic mold, and other hazardous substances; (h) have common areas that are clean, sanitary, safe, and reasonably free of debris; (i) have adequate trash receptacles if landlord is obligated to provide trash removal; (j) have floors, doors, windows, walls, ceilings, stairways, and railings in good repair; (k) have other facilities and appliances supplied by the landlord in good repair; (l) have locks or security devices on all exterior doors and operable windows in good repair; and (m) have safety equipment required by law in good working order. The landlord has a duty to ensure access to essential services, though the lease may require utilities to be in the tenant's name. This duty is nonwaivable.

Except as provided in the casualty section, if a landlord fails to comply with the lease or the habitability section, the tenant must give the landlord notice in a record of the noncompliance and an opportunity to remedy it. The cure period is: (a) not later than 14 days after notice for general noncompliance; and (b) as soon as practicable but not later than 5 days after notice if the noncompliance involves failure to provide an essential service or materially interferes with the health or safety of the tenant or immediate family member.

If a landlord's noncompliance results in the tenant not receiving an essential service, materially interferes with health or safety, or materially interferes with use and enjoyment, and is not remedied within the applicable cure period, the tenant may: (a) terminate the lease; or (b) continue the lease and elect one or more of: (1) withhold rent for the period of noncompliance beginning on the date notice was given; (2) recover actual damages; (3) obtain injunctive relief, specific performance, or other equitable relief; (4) make repairs and deduct costs from rent, up to one month's periodic rent; or (5) secure an essential service or comparable substitute housing at the landlord's expense. For noncompliance that does not materially interfere with health, safety, or use and enjoyment, the tenant may elect actual damages, injunctive relief, or repair and deduct. A tenant is not entitled to remedies if the noncompliance was caused by the tenant, immediate family member, or guest, or if they prevented the landlord from accessing the unit to remedy the issue.

If a landlord fails to comply with the lease or the habitability section and the tenant has given proper notice, and if the landlord fails to remedy the noncompliance within the applicable period and the reasonable cost to remedy does not exceed one month's periodic rent, the tenant may make repairs at the landlord's expense. The tenant is entitled to recover the actual and reasonable cost or reasonable value of the work, not exceeding one month's periodic rent, and may deduct that amount from rent after submitting an itemized statement with receipts. Repairs must be made in a professional manner and in compliance with applicable law. A tenant may not use this remedy if the noncompliance was caused by the tenant or if the tenant denied the landlord access to remedy the issue. This remedy is limited to one month's periodic rent in any 12-month period.

A tenant: (a) shall comply with all obligations imposed by the lease and this Act; (b) shall comply with applicable building, housing, fire, or health codes; (c) shall keep the dwelling unit reasonably safe and sanitary; (d) shall remove all garbage, rubbish, and debris in a clean and safe manner; (e) shall keep plumbing fixtures reasonably clean; (f) shall use all electrical, plumbing, heating, ventilating, and air-conditioning systems and other facilities and appliances in a reasonable manner; (g) without the landlord's consent, shall not intentionally or negligently destroy, deface, damage, impair, or remove any part of the premises or any safety equipment, or permit family members or guests to do so; (h) may not disturb the use and enjoyment of the premises by another tenant or permit family members or guests to do the same; (i) may not engage in or permit criminal activity; (j) shall notify the landlord within a reasonable time of any condition requiring repair; (k) shall return the unit at lease termination in the same condition as at commencement, free of damage caused by tenant, family member, or guest, except for normal wear and tear, damage from causes beyond the tenant's control, and additions or improvements made with the landlord's consent; and (l) unless otherwise agreed, shall use the unit only for residential purposes. 'Normal wear and tear' means deterioration from intended use including breakage or malfunction due to age, and does not include deterioration from negligence, carelessness, accident, or abuse.

Except as otherwise provided by law, a landlord may terminate a lease for nonpayment of rent by giving the tenant notice in a record stating that if the rent remains unpaid 14 days after the notice is given, the lease shall terminate on expiration of the 14-day period or a later specified date. For material noncompliance other than nonpayment, the landlord may give notice specifying the act or omission and stating that if the noncompliance is not remedied not later than 14 days after notice, the lease shall terminate on a specified date which must be at least 30 days after notice. A landlord may terminate without opportunity to remedy if: (a) the tenant failed to pay rent timely on at least two occasions within the preceding 4 months; (b) the tenant committed substantially the same violation within the preceding 6 months; (c) the noncompliance poses an actual and imminent threat to health or safety; or (d) the tenant, family member, or guest committed a criminal act. Termination for repeat nonpayment or repeat violation requires at least 14 days' notice. Termination for imminent health or safety threat or criminal act may be immediate. A landlord shall not terminate for criminal acts of a family member or guest if the tenant neither knew nor should have known the act would be committed and took reasonable steps to prevent recurrence.

A periodic tenancy continues until the landlord or tenant gives proper notice. A landlord or tenant may terminate: (a) a week-to-week tenancy by giving at least 5 days' notice in a record of intent to terminate on a specified date; and (b) a month-to-month tenancy by giving at least one month's notice in a record of intent to terminate at the end of the monthly period. If a tenant remains in possession without the landlord's consent after expiration of a fixed term or termination of a periodic tenancy, the landlord may bring an action for possession. If the holdover is willful, the landlord may recover three times the periodic rent or three times actual damages, whichever is greater. Unless otherwise agreed in a record, if the tenant remains with the landlord's consent after a fixed term expires, a month-to-month tenancy arises under the same terms as the expired lease.

Except as otherwise provided, a landlord may not enter a dwelling unit unless: (a) entry is permitted by the lease or the tenant otherwise agrees; (b) entry is under a court order; (c) the tenant has abandoned the unit; or (d) permitted by law. A tenant shall not unreasonably withhold consent for the landlord to enter to inspect, make repairs or improvements, supply services, or exhibit the unit to prospective purchasers, mortgagees, tenants, workers, contractors, or public officials. Except in emergency or for routine maintenance/pest control, a landlord may enter only at a reasonable time with the tenant's consent and at least 24 hours' notice. For routine maintenance or pest control, the landlord may enter without consent with at least 72 hours' notice or a fixed schedule given at least 72 hours before the first scheduled entry. In an emergency or for repairs at the tenant's request, the landlord may enter with notice reasonable under the circumstances. If the landlord enters when the tenant is not present and notice was not given, the landlord shall leave notice of the entry stating the fact, date, time, and reason for entry. The landlord shall not abuse the right of access or use it to harass the tenant.

If a tenant unreasonably refuses to allow the landlord access, the landlord may recover actual damages or one month's periodic rent, whichever is greater, and either have the court compel access or terminate the lease by giving the tenant notice that if access is not granted within 14 days the lease terminates. If a landlord unlawfully enters a tenant's dwelling unit, enters lawfully but in an unreasonable manner, or makes repeated demands for entry that have the effect of harassing the tenant, the tenant may recover actual damages or one month's periodic rent, whichever is greater, and either seek injunctive relief or terminate the lease immediately or on a date not later than 30 days after notice.

A tenant abandons a dwelling unit if: (a) the tenant delivers possession to the landlord before the end of the term by returning keys or otherwise notifying the landlord the unit has been vacated; or (b) rent that is due was not paid for at least 5 days and the tenant has vacated by removing substantially all personal property and has caused the termination of an essential service or otherwise indicated by words or conduct an intention not to return. If a tenant abandons before the end of the lease term, the landlord may recover possession without a court order and may either accept the abandonment (in which case the lease terminates on the date of abandonment, mutual obligations cease as of that date, and the landlord must return security deposit and unearned rent) or treat the abandonment as wrongful. If treated as wrongful, the tenant remains liable and the landlord has a duty to mitigate by making reasonable efforts to re-rent, but the landlord's duty does not take priority over leasing other available units first.

Except as otherwise provided in the abandonment section, a landlord: (1) may not recover or take possession of a dwelling unit by an act of self-help, including willful interruption or causing the willful interruption of an essential service to the unit; and (2) may recover possession of a dwelling unit following termination of a lease only through an action permitted by law.

If a landlord unlawfully removes or excludes the tenant from the premises or willfully interrupts or causes the interruption of an essential service the landlord has the duty to provide, the tenant may recover three times the periodic rent or three times the damages, whichever is greater, and either recover possession or terminate the lease by giving the landlord notice of intent to terminate immediately or on a later specified date. If the tenant terminates, the landlord shall return any security deposit and unearned rent.

Except as otherwise provided, acceptance by a landlord of rent for two or more successive rental periods with knowledge of noncompliance by the tenant, or acceptance of the tenant's performance that varies from the terms of the lease, is a waiver of the landlord's right to terminate the lease for the noncompliance, unless the landlord and tenant otherwise agree after the noncompliance occurs. This section does not prevent a landlord or tenant from exercising the right to terminate a periodic tenancy.

(1) Distraint for rent is abolished. (2) A landlord shall not create, perfect, or enforce a lien or security interest on a tenant's tangible personal property to secure the tenant's performance under the lease or this Act. This subsection does not apply to a lien or security interest created or perfected before the effective date of this Act.

A landlord may not engage in retaliatory conduct if the landlord's purpose is to retaliate against a tenant that: (a) complained to a governmental agency about a code violation materially affecting health or safety; (b) complained to a governmental agency about discrimination in rental housing; (c) complained to the landlord of noncompliance with the lease or habitability section; (d) organized or became a member of a tenant's union; (e) exercised or attempted to exercise a right or remedy under the lease, this Act, or other law; or (f) pursued an action or administrative remedy against the landlord or testified against the landlord. Retaliatory conduct includes increasing rent or fees, decreasing services, bringing or threatening an action for possession, refusing to renew a fixed-term tenancy with a tenant-exercisable renewal option, terminating a periodic tenancy, or committing a criminal act against the tenant. A landlord is not liable for retaliation if the violation complained of was caused primarily by the tenant, the tenant acted in an unreasonable manner or time, the tenant was in rent default, the tenant or guest threatened health or safety, the tenant committed a criminal act, the notice to terminate was given before the tenant's protected conduct, or the landlord is required to make repairs that effectively deprive the tenant of use of the unit. If a tenant engaged in protected conduct within 6 months before the landlord's alleged retaliation, a rebuttable presumption of retaliation arises. The tenant may recover 3 times the periodic rent or 3 times actual damages, whichever is greater.

A landlord shall not require the tenant to pay a security deposit, prepaid rent, or any combination thereof in an amount exceeding two times the periodic rent. This limit does not include the first month's rent or fees. If a tenant keeps a pet or is permitted to make alterations, the landlord may require an additional security deposit commensurate with the additional risk. A landlord shall maintain security deposit funds in a bank account used exclusively for security deposits, maintained with a bank doing business in Kentucky, with a title indicating the account contains security deposits, and shall maintain records showing the amount attributable to each tenant. Security deposits may be commingled among tenants but may not be commingled with the landlord's personal or business funds. Failure to comply with the segregation requirement entitles the tenant to actual damages or one times the periodic rent, whichever is greater. Unless the lease provides otherwise, the landlord is not required to pay interest on a security deposit. After termination of a lease, the tenant is entitled to the amount by which the security deposit and any unearned rent exceeds amounts the landlord is owed. Not later than 30 days after the lease terminates and the tenant vacates, the landlord must tender or mail the amount owed to the tenant or, if the tenant has died, the tenant representative, and if any deductions are made, provide an itemized record specifying each item of damage or unfulfilled obligation and the amount applied to each. If the landlord fails to return the deposit or provide itemization within 30 days, the court may award $250 or two times the amount recoverable, whichever is greater, in addition to the actual deposit amount. If the security deposit is insufficient to satisfy the tenant's obligations, the landlord may recover the additional amount from the tenant.

If a dwelling unit or other part of the premises is substantially damaged or destroyed by fire, other casualty, or natural disaster and the unit is uninhabitable, inaccessible, or continued occupancy is unlawful, the tenant may vacate the unit immediately and, not later than 14 days after vacating, give the landlord notice of intent to terminate the lease, in which case the lease terminates as of the date the tenant vacates. If continued occupancy is lawful, the tenant may continue the lease and seek remedies for noncompliance. If the unit is substantially damaged and continued occupancy is unlawful, dangerous, or requires repairs that can be made only if the tenant vacates, the landlord may terminate the lease by giving the tenant at least 5 days' notice specifying the termination date. If it is impossible for the landlord to remedy a noncompliance within the applicable period, the landlord may terminate the lease by giving at least 30 days' notice, and the landlord shall not re-rent the unit for 90 days after termination. On termination under this section, the landlord shall return any security deposit and unearned rent.

In an action to enforce a right or remedy arising under a lease or this Act, the court shall award the prevailing party costs. The court may award the prevailing party reasonable attorney's fees if the court determines that the other party did not act in good faith, willfully performed an act prohibited by the lease or this Act, or willfully refrained from performing an act required by the lease or this Act. A court shall not award a landlord attorney's fees or costs in an uncontested action to recover possession of a dwelling unit. In this section, 'prevailing party' means a party that substantially prevailed on the right or remedy asserted or in defending against the right or remedy asserted by the other party.

Except to the extent otherwise agreed, if a landlord in a good-faith sale to a bona fide purchaser conveys premises that include a dwelling unit subject to a lease, the following rules apply: (1) the landlord is relieved of liability under the lease and this Act as to an event that occurs after the later of the conveyance or notice in a record to the tenant of the conveyance; and (2) the landlord remains liable to the tenant for the amount of any security deposit and unearned rent, except as provided in the security deposit transfer section.

If a victim of domestic violence, dating violence, stalking, or sexual assault is a tenant or immediate family member and has a reasonable fear of harm if continuing to reside in the unit, the tenant may be released from the lease by giving the landlord notice along with: a court order restraining the perpetrator, evidence of conviction or adjudication, or a sworn verification signed by the tenant and an attesting third party (law enforcement, licensed health care professional, victim advocate, or victim-services provider). The notice must state the intent to be released on a date at least 30 days from notice (or earlier if the perpetrator is a cotenant), state facts giving rise to the fear, and be given not later than 90 days after the act of violence, during an active restraining order, or within 90 days of learning the perpetrator is no longer incarcerated. Tenant released from the lease is not liable for rent after termination but remains liable for amounts owed before. The landlord may not assess fees for exercising this right and may not disclose the information provided. A victim may also change or rekey locks without the landlord's consent and must provide a key to the landlord and any non-perpetrator cotenantas. A landlord may terminate a perpetrator cotenant's interest in the lease with proper notice. A landlord may not retaliate against a tenant because an act of domestic violence resulted in a lease violation or a law enforcement response.

If personal property remains on the premises after possession is relinquished, the landlord shall give the tenant notice of the right to retrieve the property, posted at the unit and sent to the tenant's forwarding or last known address, informing the tenant of the right to contact the landlord within 8 days to claim the property. If the tenant contacts the landlord within 8 days, the landlord shall permit retrieval within 5 days or a longer agreed period. The landlord may require payment of reasonable inventorying, moving, and storage costs before retrieval. If the tenant fails to contact the landlord or retrieve property within the required periods, the property is deemed abandoned. If a sale is economically feasible, the landlord shall sell the property and treat the proceeds as part of the tenant's security deposit after deducting costs. If a sale is not economically feasible, the landlord may dispose of the property. A landlord that complies with this section is not liable for claims arising from removal of property. The landlord may immediately dispose of perishable food, hazardous material, garbage, and trash, and may transfer animals to an animal control officer or humane society.

Sections 1 to 61 of HB128 (codified in KRS Chapter 383) shall be known and may be cited as the 'Uniform Residential Landlord and Tenant Act.' The Act applies only to a lease made on or after the effective date of the Act.

A right or obligation under Sections 1 to 61 of this Act is enforceable by an action unless the provision creating the right or obligation provides otherwise. A party seeking relief under Sections 1 to 61 of this Act has a duty to mitigate damages.

Unless displaced by the particular provisions of Sections 1 to 61 of this Act, the principles of law and equity supplement Sections 1 to 61 of this Act.

A lease may include terms not prohibited by this Act or other law. If a lease signed by the tenant is delivered to the landlord and the landlord fails to sign and return it, acceptance of rent without a reservation of rights gives the lease the same effect as if the landlord had signed it. If a lease signed by the landlord is delivered to the tenant and the tenant fails to sign and return it, acceptance of possession and payment of rent without a reservation of rights gives the lease the same effect as if the tenant had signed it. If a lease given effect under these rules provides for a tenancy for a fixed term longer than one year, the lease is effective for only one year. Absent any signed lease delivered to the other party, if the tenant accepts possession and pays rent and the landlord accepts rent, both without a reservation of rights, a periodic tenancy arises — week to week if rent is paid weekly, and month to month in all other cases.

A lease, assignment, sublease, conveyance, trust deed, or security instrument shall not authorize a person to receive rent without assuming the duties imposed on the landlord by the lease and Section 16 of this Act (habitability).

A landlord shall deliver physical possession of the dwelling unit to the tenant at the commencement of the term of the lease.

If a landlord does not deliver physical possession of the dwelling unit to the tenant at the commencement of the lease, the tenant is not required to pay rent until possession is delivered and may: (a) terminate the lease by giving notice in a record to the landlord at any time before possession is delivered; or (b) demand performance of the lease and recover actual damages and obtain possession from the landlord, or obtain possession from any person wrongfully in possession by any lawful means the landlord could have used. If the tenant terminates, the landlord shall return all amounts received from the tenant before the commencement of the term. If the landlord's failure to deliver possession is willful, the tenant may recover three times the periodic rent or three times the actual damages, whichever is greater.

If a tenant fails to receive an essential service the landlord has a duty to provide and the landlord fails to restore the service within 5 days after proper notice, the tenant may: (a) take appropriate measures to secure the essential service during the period of noncompliance and deduct the actual and reasonable cost from the rent; or (b) procure comparable substitute housing at the landlord's expense during the period of noncompliance and recover actual damages. This section does not apply if the tenant's failure to receive the essential service was caused by an act or omission of the tenant, immediate family member, or guest.

If a landlord fails to comply with the lease or the habitability section and the tenant has given proper notice, the tenant may defend an action for possession based on nonpayment of rent on the ground that no rent was due because of the noncompliance and may counterclaim for any amount recoverable under the Act. Either party may seek a court order directing the tenant to pay unpaid rent and accruing rent into an escrow account with the court or a bank authorized by the court. If the court determines the landlord fully complied, it shall release the escrowed rent to the landlord and enter judgment for any remaining rent owed. If the court determines the landlord's noncompliance materially interfered with health, safety, or use and enjoyment, the court may order escrowed rent released to the landlord only for use in bringing the premises into compliance, returned to the tenant for repair costs or actual damages, or continued payment into escrow until compliance is achieved. If the tenant withheld rent in bad faith or failed to comply with a court escrow order, the court may award possession to the landlord. The court shall not award possession if the tenant withheld rent in good faith and complies with any court order to pay into escrow.

If a sole tenant dies before the end of a fixed term or periodic tenancy, the tenant's surviving spouse, partner in a civil union, or domestic partner who resides in the dwelling unit may assume the lease by giving the landlord notice in a record not later than 20 days after the tenant's death stating the intent to assume. On assuming the lease, the spouse or partner becomes the tenant. Except as otherwise provided, a landlord or tenant representative may terminate the lease of a deceased tenant by giving notice to the other party and to any surviving spouse or partner who resides in the unit, specifying a termination date at least 30 days after the notice for a fixed term (or consistent with periodic tenancy notice requirements). Notice to a surviving spouse must state that the spouse has 20 days after receipt to assume the lease. If the landlord cannot contact a surviving spouse, partner, or tenant representative, the landlord may terminate the lease without notice if rent has been unpaid for at least 25 days.

If a landlord knows that a tenant who was the sole occupant of the dwelling unit has died, the landlord shall: (a) notify a tenant representative of the death; (b) give the representative access to the premises at a reasonable time to remove personal property; (c) may require the representative to prepare and sign an inventory of property being removed; and (d) shall pay the representative the deceased tenant's security deposit and unearned rent. A landlord that complies is not liable to the tenant's estate for claims arising from removal of personal property. A landlord that willfully violates these duties is liable to the estate for actual damages. If the landlord is unable to contact a tenant representative, the landlord shall mail notice to the tenant's last-known address and to any emergency contact, stating the tenant's name, address, approximate date of death, that personal property not claimed within 60 days will be subject to disposal, and the landlord's contact information. A representative subsequently identified may retrieve property within 60 days after the notice. Unclaimed property may be disposed of in accordance with the abandoned property procedures. A landlord that complies with these sections is not liable for claims arising from removal of property.