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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 30167
Experience:  JA Mentor
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I have terminated the tenancy agreement with the renter it

Customer Question

I have terminated the tenancy agreement with the renter it is in writing and now the renter is telling me about bats in the house we had the issue before and it was taken care of I at present don't have the funds to get this professionally taken care of so wouldn't it be best for the family to move because of possible health risks involved
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The law unfortunately does not allow a landlord to require a tenant to move rather than fixing problems with the property. The statute says that a landlord must keep the premises in a fit and habitable condition. Ky. Stat., Section 383.595. So, even though it would make more sense for the tenant to just leave instead of complaining about the problem, there's nothing in the law that says they have to do that. You're required to remediate the health risks, or the tenant can sue for a partial rent refund, unless the tenant did something to cause the bats. On top of that, if the tenant can convince a judge that you intentionally chose not to remove the bats in order to get her to leave without going through the eviction courts, you could be ordered to pay her up to three months rent - which means you could be out much more than the cost of having the bats removed. See Ky. Stat., Section 383.655. In this scenario, extermination could be considered an essential service.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I am paid for the time I spent answering your question. If you are on a mobile device, you may need to scroll to the right. Thank you.

Good luck.