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Kentucky Security Deposit Laws: What KRS 383.580 Does and Does Not Require

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By GuacamoleBlog Editorial Team

Kentucky’s security deposit statute, KRS 383.580, is unusual: it sets no deadline for returning a deposit and no penalty for withholding one. Most guides say “30 days, or 60 if disputed” and “actual damages.” Neither phrase is in the statute. What the law does do is regulate how the deposit is held, require written damage listings at move-in and move-out, give you a right to dissent from the move-out listing, and strip a non-compliant landlord of the right to keep anything. It also applies only where the local government has adopted the Uniform Residential Landlord and Tenant Act (KRS 383.500).

The Short Answer

Security Deposit Cap

Kentucky does not impose a statutory cap on security deposits. The amount is negotiated between landlord and tenant and is commonly one to two months’ rent. Verify the deposit amount in your lease and ensure it is documented in writing.

Is There a Return Deadline?

No. KRS 383.580 contains two time periods, and neither is a deadline for paying you:

The notice duty in (7) has no time limit attached. If your lease sets a return period, that lease term is enforceable as a contract; the statute does not add one.

Learn more: KRS § 383.580

What the Statute Does Require

  1. A separate account (KRS 383.580(1)). The deposit must be held in an account used only for deposits, in a bank or lending institution, and the landlord must tell you the institution and account number.
  2. A move-in damage listing (KRS 383.580(2)). Before collecting a deposit, the landlord must give you a comprehensive listing of existing damage, which you may inspect and sign.
  3. A move-out damage listing (KRS 383.580(3)). After you leave, the landlord must list the damage claimed and the estimated cost of repair, and give you the right to inspect the unit. You may sign the listing or state in writing the specific items you dissent from.
  4. Forfeiture for skipping the paperwork (KRS 383.580(4)). A landlord who did not hold the deposit in a separate account and did not provide the listings is not entitled to retain any portion of the deposit.

What Can a Kentucky Landlord Legally Deduct?

The statute speaks of damage listed in the move-out listing and unpaid rent. In practice landlords deduct for:

Landlords may not deduct for:

What Is Normal Wear and Tear in Kentucky?

Kentucky courts apply a practical, common-sense test: would the wear be expected from ordinary use? The move-in listing is your baseline.

Cannot deduct:

Can deduct:

Penalties for Wrongful Withholding

There is no statutory penalty. KRS 383.580(5) gives a tenant who disputes the accuracy of the move-out listing an action in District Court, limited to the items the tenant specifically dissented from in writing. A tenant who neither signed the listing nor dissented “shall not be entitled to recover any damages under this section.” What you can recover is the amount wrongfully kept; there is no multiplier and no statutory attorney’s fee. The one sharp edge cuts the other way: under subsection (4), a landlord who skipped the separate account or the listings cannot keep anything at all.

How to Get Your Deposit Back in Kentucky

  1. Confirm your city or county has adopted URLTA. If it has not, KRS 383.580 does not apply and your lease governs.
  2. Ask for the account details in writing. The landlord must tell you the bank and account number for the deposit account (KRS 383.580(1)). Keep the answer, or the silence.
  3. Sign the move-in listing carefully. Add anything the landlord missed before you sign.
  4. Document move-out condition. Take comprehensive photos and video of every room, closet, appliance, and fixture.
  5. Inspect and dissent in writing. When the landlord presents the move-out damage listing, inspect the unit, then either sign it or write out the specific items you dispute. This written dissent is the only way to preserve a claim under subsection (5).
  6. Leave a forwarding address and demand the refund. The statute sends the refund notice to your last known address. Give a good one, in writing, and ask for the deposit back so the landlord cannot rely on subsection (6).
  7. Respond to any refund notice within 60 days. Silence for 60 days after the landlord’s notice lets the landlord keep the money (KRS 383.580(7)).
  8. Sue in District Court if needed. Bring the lease, both damage listings, your written dissent, photos, and any account disclosure. If the landlord never gave you the listings or kept the deposit in a general account, argue forfeiture under subsection (4).

Key Statute

KRS § 383.580 — Kentucky’s security deposit section within the Uniform Residential Landlord and Tenant Act: the separate-account rule (1), the move-in and move-out damage listings (2)–(3), forfeiture for non-compliance (4), the tenant’s action limited to dissented items (5), and the 30- and 60-day retention windows (6)–(7). It contains no return deadline and no penalty. It applies only in jurisdictions that have enacted URLTA (KRS 383.500).

Real Situations in Kentucky

In Lexington, a landlord sent a tenant a move-out listing claiming $600 for “repairs to walls and flooring.” The tenant inspected the unit and wrote back dissenting from the flooring item, with photos showing ordinary wear. Because the dissent was specific, the tenant could sue over the flooring under KRS 383.580(5); because she had signed off on the wall repairs, that item was closed. The District Court ordered the flooring charge returned. There was no multiplier and no fee award, only the amount wrongly kept.

In Louisville, a tenant moved out owing nothing and heard nothing for three months. The landlord had sent the refund notice to the rental address, the tenant’s last known address, because the tenant never gave a forwarding address. When the tenant surfaced on day 70, the landlord pointed to KRS 383.580(7): sixty days had passed since the notice with no response, so the deposit was the landlord’s to keep. The tenant’s only argument was that the address was not “reasonably determinable” in good faith—a hard case to make when no forwarding address was ever given.

In Bowling Green, a landlord kept $250 of a $1,200 deposit for carpet cleaning. The tenant asked which bank held the deposit and whether a move-in listing existed; the landlord had neither a separate account nor any listing. Under KRS 383.580(4) a landlord in that position is not entitled to retain any portion of the deposit, so the tenant recovered the full $250 without arguing about the carpet at all.

Common Mistakes Kentucky Tenants Make

Counting to 30 and expecting a penalty. The statute sets no return deadline and no penalty. A demand letter that cites “the 30-day deadline in KRS 383.580” cites something the section does not say; cite the separate-account and listing requirements instead, which the landlord may well have missed.

Not dissenting in writing. Under subsection (5), a tenant who neither signed the move-out listing nor specifically dissented from it in writing cannot recover damages under the section. Inspect, then dissent item by item.

Ignoring the refund notice. Sixty days of silence after the landlord’s notice of a refund due lets the landlord keep the deposit (KRS 383.580(7)). Respond in writing, even if only to confirm your address.

Assuming the statute applies everywhere. KRS 383.580 applies only where the city, county or urban-county government has enacted URLTA (KRS 383.500). Outside those jurisdictions, your lease is the rule.


This article is for informational purposes only and does not constitute legal advice. Always verify current rules at the source linked above or consult a licensed Kentucky attorney.


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