Skip to main content

Request By:

Mr. Buddy R. Salyer
Attorney at Law
129 East Main Street
Morehead, Kentucky 40351

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General

KRS 383.530 provides that the Uniform Residential Landlord and Tenant Act applies to, regulates, and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located in this state. However, KRS 383.715 of the same Act provides that the provisions of the Act (KRS 383.505 to 383.715) shall apply only to counties containing cities of the first class and urban-county governments. The legislation was enacted in 1974 as H.B. 125 (Ch. 378). Section 7 is now KRS 383.530. Section 46 is now KRS 383.715. Section 46 was the last section of the Act.

You ask: "Is there a conflict between the two above sections, and if so, which shall prevail? In other words, would a contract between landlord and tenant made in Morehead, Rowan County, Kentucky, be governed by this Act.

The answer is that the Act applies only to agreements affecting dwelling units located in the counties of Fayette and Jefferson.

There is a conflict between KRS 383.530 and 383.715. The enrolled bill (H.B. 125, 1974 Acts) shows that prior to a Senate Amendment the bill was made applicable only to counties containing cities of the first, second class and urban-county governments. A Senate amendment deleted the word "second". The last section of the bill [Section 46, designated KRS 383.715], as amended, restricts its application to counties containing a first class city and urban-county government. However Section 7 [KRS 383.530] suggests vaguely that the Act applies in connection with any rented premises located within Kentucky.

The case of

Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
Type:
Opinion
Lexis Citation:
1977 Ky. AG LEXIS 279
Forward Citations:
Neighbors

Support Our Work

The Coalition needs your help in safeguarding Kentuckian's right to know about their government.