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Kentucky Real Estate Law Questions & Answers
0 Answers | Asked in Construction Law, Real Estate Law and Civil Litigation for Kentucky on
Q: How can I hold the Louisville Water Company and ACP Paving accountable for damages to my property?

I am dealing with an urgent issue involving the Louisville Water Company and a construction crew they hired to install new water lines in my neighborhood. They used my land to store their equipment without prior agreement, resulting in damages that include the loss of a 35-year-old peach tree and... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Kentucky on
Q: Is my lease terminated if property is condemned in Kentucky?

In the state of Kentucky, is my lease terminated if the property is condemned? My lease does not have specific terms about condemnation. Over 30 days ago, I notified my landlord of severe structural damage and unsafe living conditions, but they failed to make repairs. The landlord acknowledged my... View More

Timothy Denison
Timothy Denison
answered on Jul 15, 2025

Yes.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Elder Law for Kentucky on
Q: Does KY law require fair rent increases relative to market?

I would like to know if Kentucky law requires that rent increases must be in good faith and not excessive relative to market rents. My mother-in-law is in a senior living facility (in the independent section), and they have raised the rent by 7% two years in a row, which is above the average... View More

James L. Arrasmith
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answered on Jul 13, 2025

In Kentucky, there is no statewide rent control law, which means landlords generally have broad discretion when it comes to setting or increasing rent. They are not required to keep rent in line with market averages, and increases don’t have to be justified unless a lease or agreement says... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Real Estate Law for Kentucky on
Q: What prison time could my husband face for theft charges related to a failed property disposition in Kentucky?

My husband received a civil summons for two counts of "THEFT BY FAIL TO MAK REQ DISP OF PROPERTY $10,000 OR MORE". We were in a land contract with a person who gave us $20,000 to fix a trailer we were renting to own due to water damage. He later attempted to sell the property to someone... View More

James L. Arrasmith
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answered on Jul 10, 2025

This is a very serious situation, and it’s understandable that you’re looking for answers. In Kentucky, the charge “Theft by Failure to Make Required Disposition of Property” over \$10,000 is classified as a Class C felony. That means your husband could be facing a potential sentence of 5... View More

1 Answer | Asked in Construction Law, Personal Injury, Insurance Defense and Real Estate Law for Kentucky on
Q: Liability of construction companies for unsecured areas causing damages.

What level of liability do construction companies have when it comes to securing the construction area against personal injury or property damage? My vehicle was damaged when it went into a ditch due to the lack of barriers or safety precautions. I filed a claim with the construction company's... View More

James L. Arrasmith
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answered on Jul 10, 2025

Construction companies are expected to take reasonable precautions to secure their work zones and prevent foreseeable harm to the public. That includes using proper signage, barriers, cones, and lighting to alert drivers and pedestrians of hazards. If your vehicle was damaged due to an open ditch... View More

2 Answers | Asked in Criminal Law, Landlord - Tenant, Consumer Law and Real Estate Law for Kentucky on
Q: Charged for no registration plates with rental car in Georgetown, KY

I rented a car from Las Vegas Airport on June 11, 2025, which was a 2025 model without license plates and only a temporary tag that expired on June 16, 2025. I planned to renew my rental agreement on July 9 in Kentucky and get the plates. On July 6, while driving in Georgetown, KY, I was pulled... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 10, 2025

Did you serve any jail time? If not what damages have you suffered? Feel free to research our backgrounds and reach out privately to one of us to discuss.

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2 Answers | Asked in Gov & Administrative Law, Employment Law, Landlord - Tenant and Real Estate Law for Kentucky on
Q: Can I get off the s** offender registry early in KY, and what steps are needed?

I have been on the s** offender registry in Kentucky for over 16 years of a 20-year requirement. I am not a felon or domestic offender, and I am on unsupervised status. I've fulfilled all related conditions such as fines, and I have a clean record apart from minor traffic tickets and a... View More

Timothy Denison
Timothy Denison
answered on Jul 6, 2025

You can petition the court for early release but there are no guarantees.

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Kentucky on
Q: Legal steps for unresolved issues in a dirty apartment after move-in.

I moved into an apartment that was given to us in a dirty condition, including a dirty bathtub and shelves, and broken shelves. We documented these issues using the checklist provided by management, but after four months, nothing has been addressed, despite submitting work orders. This situation... View More

Timothy Denison
Timothy Denison
answered on Jun 28, 2025

None. The damages are minimal, if any. It would not be worth your time to pursue this. Terminate the lease as soon as it’s up and move to a clean apartment elsewhere.

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2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for Kentucky on
Q: Do I need to worry about liens when buying a home from a tax foreclosure auction?

I'm considering buying a home from a tax foreclosure auction and I'm unfamiliar with researching existing liens. I haven't researched any liens yet and I'm not aware of specific lien types that could affect such properties. Additionally, I haven't consulted any professional... View More

Timothy Denison
Timothy Denison
answered on Jun 24, 2025

You should have someone run the title on the property just to make sure it is unencumbered or that any liens have been resolved.

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2 Answers | Asked in Real Estate Law and Civil Litigation for Kentucky on
Q: Undisclosed property issues and neighbor's water runoff problem in Kentucky.

I bought a property where several issues were not disclosed, including leaking roofs and garage, among others. Additionally, there is a problem with water runoff from the neighbor's yard, causing damage to my property. The neighbor acknowledges the runoff but says he can't address it.... View More

Timothy Denison
Timothy Denison
answered on Jun 18, 2025

You’ll have to file suit against the homeowner for the undisclosed property issues and against the neighbor for the water runoff issues. Hire a competent plaintiffs attorney to represent you.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Kentucky on
Q: What are my options if a park owner requires relocation of a mobile home upon sale?

I own a well-maintained 2002 model mobile home located on a rental lot in Clinton County, KY. The park owner changed the rules 3 years ago, stating that mobile homes must be moved if sold, yet sales without relocation have occurred as recently as last year. I have never signed a rental agreement... View More

James L. Arrasmith
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answered on Jun 14, 2025

This situation sounds incredibly frustrating, especially since your home is in good condition and you've seen others sell without having to relocate. The fact that you never signed a rental agreement gives you some room to argue that you never agreed to new rules that were added later. A... View More

Q: Can I sue my landlord for physical assault after he choked me?

I had an incident with my landlord, where he came by to discuss lawn maintenance and became aggressive. After asking him to lower his voice, he physically attacked me by choking me, leaving visible marks on my neck. My fiancé, who witnessed the incident, called the police. The responding state... View More

Timothy Denison
Timothy Denison
answered on Jun 21, 2025

Yes. You have a criminal claim for assault and a civil claim for assault and battery.

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3 Answers | Asked in Real Estate Law, Contracts and Banking for Kentucky on
Q: Can I sell part of my Kentucky property with a bank lien without lien holder approval?

I own a property in Kentucky with an active lien held by a bank on the entire property. I would like to know if I can sell a portion of my land to a private buyer, despite the lien. Furthermore, I am interested in understanding if any sale would need to be approved by the lien holder, or if the... View More

Anthony M. Avery
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answered on Jun 2, 2025

Almost for sure the lender has a due on sales clause in the security instrument. So if you sell collateral to someone without the lender's approval, default and foreclosure occurs. You will need lender's approval for a partial release of their lien. If this is just a judgment lien,... View More

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2 Answers | Asked in Business Law, Consumer Law, Real Estate Law and Personal Injury for Kentucky on
Q: Property ownership and insurance dispute after tornado damage in KY

I purchased a tower and beams from a private individual in Kentucky who was renting a property. The individual was moving out, and the items originally belonged to her deceased father. Unfortunately, a tornado destroyed the tower and beams before I could remove them. The property owner now claims... View More

Timothy Denison
Timothy Denison
answered on May 29, 2025

Hore lawyer to file a breach of contract action against the property owner.

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2 Answers | Asked in Construction Law, Contracts, Consumer Law and Real Estate Law for Kentucky on
Q: Can I win a case against a construction company for poor workmanship and inadequate repairs?

I hired a construction company for home renovations, but I've had multiple issues with their workmanship, including a bad Sheetrock job, poor painting, and incorrect cabinets. They damaged my front and back screen doors, suggested I bill insurance for damages, and offered inadequate repairs.... View More

Timothy Denison
Timothy Denison
answered on May 26, 2025

Assuming the professional assessment confirm shoddy work and workmanship, you might win a judgment against them. Take lots of pictures of all of the deficiencies.

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1 Answer | Asked in Landlord - Tenant, Collections and Real Estate Law for Kentucky on
Q: What is Kentucky's statute of limitations for back rent from June 2024 to December 2024?

I am seeking information about the statute of limitations for recovering back rent in Kentucky. I had a lease agreement that covered June 2024 to December 2024, but no rent has been paid during this period, and no attempts to collect it have been made. What is the statute of limitations for... View More

James L. Arrasmith
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answered on Jun 12, 2025

In Kentucky, you have five years from when each rent payment became due to file a lawsuit to collect unpaid rent. Since your lease covered June through December 2024, the statute of limitations would run five years from each month's due date - meaning you'd have until June 2029 to sue for... View More

2 Answers | Asked in Contracts, Civil Litigation and Real Estate Law for Kentucky on
Q: Can my employer charge extra after work completion despite a full payment contract?

I had electrical work done on my home through my employer, with whom I had a written contract. I paid the contract in full. However, the company president contacted me afterward, requesting an additional $12,000 because they reviewed the job after completion and claimed it exceeded the initial... View More

Timothy Denison
Timothy Denison
answered on May 17, 2025

You are not liable for any costs over and above the contract amount.

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1 Answer | Asked in Consumer Law, Gov & Administrative Law and Real Estate Law for Kentucky on
Q: Legal concern about cemetery pricing and installation rules in Jefferson County, KY.

Is it legal for a cemetery in Jefferson County to require individuals to purchase a basic rectangular headstone directly from them for $8,000, despite similar custom headstones available from third parties costing around $200? The cemetery insists on this purchase and does not allow third-party... View More

James L. Arrasmith
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answered on May 14, 2025

Your frustration is completely valid—what you’re describing feels like an unfair restriction, especially when there are much more affordable options available. In Jefferson County, KY, and in most parts of the U.S., private cemeteries are allowed to set their own rules for what headstones they... View More

2 Answers | Asked in Contracts, Employment Law, Landlord - Tenant and Real Estate Law for Kentucky on
Q: How to legally address an in-home aid using personal property for unauthorized storage?

The in-home aid for my quadriplegic brother has been storing random personal items in our home, such as lawn mowers, chairs, tables, and toys, without permission. Her contract stipulates she is to provide lighthouse cleaning, care for my brother, and other specified duties, but not to use our... View More

Timothy Denison
Timothy Denison
answered on May 9, 2025

Give her notice to remove in writing. If she fails to remove them, then set them out at the curb with the rest of the garbage.

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2 Answers | Asked in Probate and Real Estate Law for Kentucky on
Q: Can a life estate holder list a condo for sale with executor approval in KY?

I'm handling a situation involving a condo in Kentucky. My stepdad passed away and left my mother a life estate in the condo they lived in. He has three living children, two of whom are co-executors. All parties agreed to sell the condo, and my mother handed over the keys in October last year.... View More

Timothy Denison
Timothy Denison
answered on May 2, 2025

If everyone agrees and signs the listing, yes. Otherwise, you will need court approval to sell the property.

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