Skip to main content

Request By:

The Honorable John L. Arnett
City Attorney
128 West Dixie Avenue
Elizabethtown, Kentucky 42701

Opinion

Opinion By: Robert F. Stephens, Attorney General; By: Richard O. Wyatt, Assistant Attorney General

This is in response to your letter of February 10, 1978, in which you request an opinion as to whether a tenant may waive by a lease provision, any requirement there might otherwise be as to notice to terminate upon violation of the lease and establish in its stead a ten-day notice.

First, it is noted that KRS 383.505 to KRS 383.715 governing landlord-tenant relations, applies only to cities of the first class and to urban-county governments. Secondly, the statutory provisions of KRS 383.140, requiring a thirty-day notice, has been repealed.

Kentucky case law specifically permits the landlord and tenant to contract for a time period for notice to terminate that would be less than thirty days. Aetna Oil Co. v. Robertson, 258 S.W.2d 464 (Ky. 1953). Nonpayment of rent may be a condition to allow forfeiture of the leasehold if such is specifically stipulated in the lease agreement. Goodwin v. Beutel, 256 S.W.2d 532 (Ky. 1953).

Therefore, it is our opinion that in those areas of Kentucky not covered by KRS 383.505 to KRS 383.715, a tenant may contract for a ten-day notice to terminate upon violation of the lease.

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:
1978 Ky. AG LEXIS 545
Forward Citations:
Neighbors

Support Our Work

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