A basic landlord/tenant dispute has become a decade-long litigation matter. Tenants who were college students entered into a lease for residential property for the upcoming school year. Upon there arrival the tenants determined the property was not in the condition promised. Though the tenants moved in to begin the school semester, the parties never resolved their differences and the landlord evicted the tenants at the end of the semester, about 4 months into the 12 month lease. At the same time the Landlord filed a collections action against the tenants. The case made a first trip to the court of appeals over a dismissal for failure to prosecute which resulted in a reversal and return to the trial court. Over the next few years the case proceeded to conclusion with a trial judgment finding the lease was not enforceable as a matter of law and that the tenants owed any unpaid rent for the period of their occupancy. An evidentiary hearing was conducted which resulted in a ruling that they still owed about $3,000.00. A second appeal followed by the Landlord to challenge the ruling that the lease was unenforceable. In an Opinion to be published, the Court of Appeals again reversed the trial court, opined that Kentucky’s Landlord/Tenant Act controlled rather than the contract between the parties, and remanded the matter. The Tenants filed a Motion for Discretionary Review with the Kentucky Supreme Court which remains pending.
Landlord/tenant/breach of lease/ unenforceable/landlord maintenance obligations/reasonable rent owed/KY Landlord/Tenant Act
