Raising Repairs in an Eviction
KRS 383.645 — a tenant sued for unpaid rent may counterclaim for the landlord's breach
In an action for possession for nonpayment, or for rent while the tenant is still there, the tenant may counterclaim for whatever the tenant can recover under the rental agreement. The court may order rent paid into court and decides what each side is owed. If no rent remains due, judgment for possession goes to the tenant.
- The party owed a net amount is paid first from the money paid into court.
- A tenant who has already moved out may counterclaim without paying rent into court.
- A defense without merit and not in good faith lets the landlord recover reasonable attorney's fees.
This section is part of the landlord tenant act, which applies where the city or county has adopted it.
Sources for this section (2)
- KRS 383.645 — Landlord's noncompliance as defense to action for possession or rent
- KRS 383.500 — Local governments authorized to adopt provisions of the Uniform Residential Landlord and Tenant Act in their entirety and without amendment
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kentucky attorney.