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Overview
Kentucky does not have specific state legislation addressing mold in rental properties. However, the Uniform Residential Landlord and Tenant Act (URLTA), codified at KRS 383.500-383.715, provides protections for tenants in jurisdictions that have adopted it. As of 2024, only 4 counties (Fayette, Jefferson, Oldham, and Pulaski) and approximately 15 cities have adopted URLTA. In areas without URLTA adoption, landlord-tenant relationships are governed primarily by the terms of the lease, with limited common law protections. Kentucky courts have confirmed there is no common law implied warranty of habitability in the state. [Kentucky Revised Statutes - Chapter 383]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
In URLTA jurisdictions, tenants have the right to a rental unit that meets basic habitability standards, is free of hazardous conditions, and has essential systems in good working order. If mold develops due to the landlord's failure to maintain the property, tenants may request remediation.
Right to Written Notice and Cure Period
Tenants must provide written notice to landlords describing noncompliance. The landlord has 14 days to remedy the issue (or as promptly as conditions require in emergencies). If not remedied, tenants may pursue various legal remedies including lease termination.
Landlord Responsibilities
Maintain Habitable Conditions
In URLTA jurisdictions, landlords must comply with building and housing codes affecting health and safety, make all necessary repairs to maintain habitability, keep common areas clean and safe, and maintain all major systems (electrical, plumbing, HVAC) in good working order.
Provide Essential Services
Landlords must supply running water, hot water at all times, and reasonable heat between October 1 and May 1. Failure to provide these essential services triggers specific tenant remedies under KRS 383.640.
Remedies Available to Tenants
Rent Withholding
Available: In URLTA jurisdictions, tenants may withhold rent if the landlord fails to provide essential services such as water, heat, or electricity (KRS 383.640). Tenants must first provide written notice specifying the breach. Proper procedures must be followed, and withheld rent should be placed in a separate escrow account. This remedy is only available in jurisdictions that have adopted URLTA.
[KRS 383.640 - Wrongful Failure to Supply Essential Services]
Repair and Deduct
Available: In URLTA jurisdictions, if the landlord willfully and materially fails to comply with the rental agreement or maintenance duties affecting health and safety, tenants may repair and deduct under KRS 383.635. The cost must be less than the greater of $100 or one-half the monthly rent. Tenants must provide written notice of intent to repair and wait 14 days (or less in emergencies). After repair, tenants must submit an itemized statement before deducting from rent.
[KRS 383.635 - Remedies for Noncompliance Affecting Health and Safety]
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in Kentucky
Understanding Kentucky's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Kentucky's Humid Subtropical Climate
Kentucky has a humid subtropical climate with hot, humid summers and moderately cold winters. The state receives 45-50 inches of precipitation annually. Summer humidity frequently exceeds 70%, particularly in the Ohio River valley. Louisville and northern Kentucky experience typical Ohio Valley humidity levels conducive to mold growth.
Ohio River Valley Humidity
Kentucky faces significant mold challenges from Ohio River valley humidity and flooding. Louisville, Lexington, and other cities have older housing stock with basements prone to moisture issues. The state's location in the humid Southeast means mold growth can occur throughout the warmer months.
Limited URLTA Adoption
Kentucky's Uniform Residential Landlord and Tenant Act (URLTA) has been adopted by only 4 counties and approximately 15 cities. In areas without URLTA, landlord-tenant relationships are governed primarily by lease terms with minimal legal protections. Kentucky courts have confirmed there is no common law implied warranty of habitability.
Flooding and Appalachian Housing
Kentucky experiences significant flooding, particularly in eastern Appalachian counties and along the Ohio River. Flash floods in mountain hollows and river flooding cause extensive water damage. Eastern Kentucky has older housing stock that may lack modern weatherproofing and moisture management.
Common Mold Types in Kentucky
Kentucky's humid subtropical climate brings 45-50 inches of precipitation annually. The Ohio River valley experiences particularly high summer humidity exceeding 70%. Eastern Kentucky's Appalachian region faces significant flooding risks, leading to water damage and mold. Louisville and Lexington have older housing stock with basements prone to moisture issues.
Cladosporium
Common in Kentucky's humid subtropical climate; thrives in Ohio River valley humidity.
Penicillium
Frequently found in flood-damaged Kentucky homes; spreads rapidly in damp conditions.
Aspergillus
Prevalent in older Louisville and Lexington housing stock with moisture problems.
Stachybotrys chartarum
Black mold found in chronically wet materials; common after Appalachian flooding events.
Alternaria
Grows on damp building materials during Kentucky's humid summers.
Mold Professional Requirements in Kentucky
Mold Legislation in Kentucky
Enacted laws, pending bills, and historical legislation related to mold in Kentucky.
Enacted Laws
HB 44: Mold Remediation Standards Act
Created KRS 367.83801 through 367.83807, establishing minimum standards for mold remediation companies operating in Kentucky. Directs the Department of Law, in consultation with the Public Protection Cabinet and Department for Public Health, to establish standards based on IICRC S520. Grants the Attorney General jurisdiction to enforce compliance and investigate consumer complaints against mold remediation companies.
Impact: Established Kentucky as one of the few states with statutory mold remediation standards, providing consumer protections and a complaint mechanism through the Attorney General.
Implied Warranty of Habitability
In jurisdictions that have adopted URLTA, landlords must comply with building and housing codes affecting health and safety, make all repairs necessary to keep the premises fit and habitable, keep common areas clean and safe, maintain all electrical, plumbing, sanitary, heating, ventilating, and air conditioning systems in good working order, and supply running water, hot water, and reasonable heat (October 1 through May 1). Outside URLTA jurisdictions, there is no implied warranty of habitability, and landlords only owe duties specified in the lease agreement. While mold is not specifically addressed, conditions that create mold growth (such as leaks or inadequate ventilation) may violate habitability standards if they materially affect health and safety. [KRS 383.595 - Landlord's Maintenance Obligations]
Mold Disclosure Requirements
Local Regulations
Some cities in Kentucky have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full Kentucky mold law details.
Louisville, KY
Local mold risks, prevention priorities, and next steps for Louisville.
Lexington, KY
Local mold risks, prevention priorities, and next steps for Lexington.
Bowling Green, KY
Local mold risks, prevention priorities, and next steps for Bowling Green.
Owensboro, KY
Local mold risks, prevention priorities, and next steps for Owensboro.
Covington, KY
Local mold risks, prevention priorities, and next steps for Covington.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in Kentucky.
Kentucky Housing Corporation Home Repair Program
Provides home repair assistance to income-eligible Kentucky homeowners, including repairs that address moisture intrusion and habitability issues.
Eligibility: Income-eligible Kentucky homeowners
Coverage: Home repairs including moisture control
Phone: 502-564-7630Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income rural homeowners for repairs including addressing moisture and mold issues.
Eligibility: Very low-income homeowners in rural areas
Coverage: Loans up to $40,000 for repairs; grants up to $10,000 for elderly homeowners
Legal Aid of the Bluegrass
Provides free legal assistance to low-income Kentuckians in 33 counties, including help with landlord-tenant disputes and habitability issues.
Eligibility: Low-income Kentucky residents
Coverage: Legal assistance for housing issues
Phone: 800-928-4556Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does Kentucky have specific laws about mold in rental properties?
No, Kentucky does not have specific laws addressing mold in rental properties. However, in jurisdictions that have adopted the Uniform Residential Landlord and Tenant Act (URLTA), landlords must maintain properties in a habitable condition, which includes addressing conditions that could lead to mold growth. Kentucky does regulate mold remediation companies under KRS 367.83801-367.83807.
Which Kentucky cities and counties have adopted URLTA protections?
As of 2024, four counties (Fayette, Jefferson, Oldham, and Pulaski) and approximately 15 cities have adopted URLTA. Cities include Louisville, Lexington, Barbourville, Bellevue, Bromley, Covington, Dayton, Florence, Georgetown, Ludlow, Melbourne, Newport, Shelbyville, Silver Grove, Southgate, Taylor Mill, and Woodlawn. Tenants in other areas have fewer protections.
Can I withhold rent if my landlord refuses to fix a mold problem in Kentucky?
In URLTA jurisdictions, you may be able to withhold rent if the mold problem affects essential services or habitability. You must first provide written notice to your landlord and follow proper procedures. Withheld rent should be placed in an escrow account. In non-URLTA areas, rent withholding rights may be limited to lease terms. Consult with an attorney before withholding rent.
Official Resources
These official resources can help you understand your rights and take action: