Independent Living in Kentucky

Known for its large fields of blue-tinged grass, Kentucky is often referred to as “The Bluegrass State.” The state is also famous for its role in horse breeding and equestrian sports. One of the most popular events in the state is the Kentucky Derby held at Churchill Downs, nicknamed “The Fastest Two Minutes in Sports.” Cities like Louisville and Lexington have a welcoming charm, with plenty of historic sites and tons of world-class amenities to offer. The state is also in close proximity to other nearby major cities, such as Cincinnati, St. Louis, and Nashville, making it a convenient place to call home and an ideal place to retire.

Currently, A Place for Mom partners with more than 60 independent living communities in Kentucky. The median monthly cost of independent living in Kentucky is about $2,600.

Independent living communities aren’t considered care facilities since they don’t provide care services to senior residents. Instead, independent living senior communities are regulated the same as any other rental property with the addition of a tenant age requirement, typically 55+. That said, some independent senior living communities may share a campus with an assisted living unit, in which case that assisted living area would follow another set of regulations set out by the state Department of Health. If you would like to understand those regulations, you can check out our Kentucky assisted living regulations page.

The Kentucky Office of the Attorney General Rental Housing page offers advice to renters and outlines rights reserved for both the landlord and tenant. The following is some of their advice as well as important tenant-renter laws to understand in Kentucky.

Lease and security deposits

Most independent living communities operate under rental agreements with senior tenants. As a legally binding contract that protects both the landlord as well as the tenant, leases have specific rules depending on the property, so it’s important that a renter reads and understands all parts of the lease before signing. Lease agreements should always include the following information:

• A description of the premises
• The length of the lease
• The name and address of the landlord or owner and their legal representation
• The amount of the rent and its due date as well as associated late fees
• Where the rent should be paid
• Lease termination requirements
• The landlord’s rules and regulations for the renter
• Who is responsible for utility payments

The security deposit should be clearly outlined in the lease as well. The deposit secures the unit for the tenant to rent. It’s also meant to cover typical wear and tear to the unit as well as insurance for possible damage made to the unit during the tenant occupancy. Before paying a deposit, Kentucky’s attorney general suggests that you are clear on the following with the landlord:

• The exact amount of the deposit
• What the deposit covers and its purpose
• What effects a full refund at the end of the lease
• When the tenant can expect the refund of the deposit after the end of the lease

Landlord responsibilities for rentals

Landlords of rental properties, including independent living communities, are required to provide a safe, clean, and habitable living environment. To meet these standards, landlords must maintain on-site utilities, like the following:

• Electrical systems
• Plumbing systems with hot and cold water
• Heating, ventilating, and air conditioning systems
• Appliances included in the rental agreement

While landlords have more extensive obligations under state and city laws, tenants are also required to maintain a clean and habitable living environment.

Tenant responsibilities

Renters have to follow these basic guidelines to uphold their end of the rental agreement:

• Pay rent on time.
• Follow the landlord’s rules and regulations outlined in the lease.
• Keep your unit clean and safe (many independent living communities offer housekeeping services).
• Respect your neighbors and any on-site noise ordinances.
• Don’t damage or remove parts of the property.
• Maintain all your unit appliances, and make service requests when they are malfunctioning.
• Always get permission from management and landlords before making structural changes to your unit.

Reasonable accommodations and modifications

While most senior living communities offer built-in accessibility features, like handrails in bathrooms and low-threshold showers, further modifications may be requested if needed. All landlords of rental properties must be in compliance with the Americans with Disabilities Act (ADA) for reasonable accommodations and modifications. This federal law helps renters with disabilities have safe and hospitable housing.

The following are some common accommodations and modifications made under the ADA:

• If a senior uses a wheelchair, they could request approval to lower counters in their unit.
• Wheelchair users may also request accommodations in common areas, like ramps and handicapped parking spots.
• If there is a no-pet policy but the prospective tenant has a service animal, they can request an accommodation for their service animal from the landlord. Also, landlords can’t charge a pet fee or deposit for service animals.

Luckily, for many senior living communities, ADA compliance is usually top of mind of most managers and landlords of these properties. However, there are limitations to these accommodations. For instance, your landlord is allowed to require you to restore your unit to the condition it was in prior to any modifications you made.

It’s always best to check with your prospective community ahead of time to get a thorough understanding of their ADA accommodation and modification practices.

Guidelines for renters to avoid problems

The following is a list of five basic guidelines from the Kentucky Office of the Attorney General to help renters avoid potential problems with a lease:

1. Learn everything you can before you sign. Find out how and where to contact the maintenance person and what they are responsible for versus what the tenant is responsible for. Learn rules on things like painting and papering walls, hanging pictures, allowing pets, and noise restrictions.
2. Read the lease details carefully. Some types of contracts limit your rights more than others. Ask questions, make changes if possible, and have the landlord initial the changes along with your own initials. Keep copies of your lease in a safe place. Do not rely on verbal contracts or promises. Put everything in writing.
3. Before signing, both you and the manager or landlord should inspect your unit together and make a list (with photos) of all pre-existing damages to ensure such damages are not blamed on you when you move out. Both the tenant and the manager or landlord should sign this list. This will ensure you receive your security deposit back upon moving out.
4. Always try to keep a good relationship with your landlord. Before reporting problems to authorities, discuss them with the landlord and document this correspondence so you have proof that you tried to work with them.
5. Report problems immediately to the landlord or manager. For instance, a minor maintenance issue could turn into a major one if not reported in time. Remember to keep accurate records of all maintenance requests in writing.

Discrimination and the Fair Housing Act

Thanks to the Federal Fair Housing Act, you cannot be discriminated against as a potential tenant for your disability, race, religion, sexual orientation, or gender. If you feel like you are being discriminated against as a renter in Kentucky, the Kentucky Office of the Attorney General suggests you call the U.S. Department of Housing and Urban Development’s (HUD) toll-free number 1-800-669-9777. Or, you can call the Kentucky Commission on Human Rights at 1-800-292-5566. These agencies can assist you in filing a complaint.