{"data":{"id":"us-ky/krs-383.640","jurisdiction":"us-ky","citation":"KRS 383.640","heading":"Wrongful failure to supply essential services.","body":"(1) If, contrary to the rental agreement of KRS 383.595, the landlord willfully fails to\nsupply heat, running water, hot water, electric, gas, or other essential service, the\ntenant may give written notice to the landlord specifying the breach and may:\n(a) Procure reasonable amounts of heat, hot water, running water, electric, gas,\nand the essential service during the period of the landlord's noncompliance\nand deduct their actual and reasonable cost from the rent;\n(b) Recover damages based upon the diminution  in the fair rental value of the\ndwelling unit; or\n(c) Procure reasonable substitute housing during the period of the landlord's\nnoncompliance, in which case the tenant is excused from paying rent for the\nperiod of the landlord's noncompliance.\n(2) In addition to a remedy provided in paragraph (c) of subsection (1) the tenant may\nrecover reasonable attorney's fees.\n(3) If the tenant proceeds under this section, he may not proceed under KRS 383.625 or\n383.635 as to that breach.\n(4) Rights of the tenant u nder this section do not arise until he has given notice to the\nlandlord or if the condition was caused by the deliberate or negligent act or\nomission of the tenant, a member of his family, or other person on the premises\nwith his consent.","path":["KRS Chapter 383"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35745","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:14Z","sha256":"2a694e8baf4f3c9fe2932e344c78739a7de234ccad092eb2061a2c819e07112d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-383.635","next":"us-ky/krs-383.645"},"notice":"GroundRules: Original legal text. Not legal advice."}