KRS 383.630: Landlord's failure to deliver possession.

(1) If the landlord fails to deliver possession of the dwelling unit to the tenant as

provided in KRS 383.590, rent abates until possession is delivered and the tenant

may:

(a) Terminate the rental agreement upon at least five (5) days' written notice to

the landlord and upon termination the landlord shall return all prepaid rent and

damage fee; or

(b) Demand performance of the rental agreement by the landlord and, if the tenant

elects, maintain an action for possession of the dwelling unit against the

landlord or any person wrongfully in possession and recover the damages

sustained by him.

(2) If a person's failure to deliver possession is willful and not in good faith, an

aggrieved person may recover from that person an amount not more than three (3)

months' periodic rent or threefold the actual damages sustained, whichever is

greater, and reasonable attorney's fees.