How to Transfer a Lease to a New Tenant in Kentucky: Renter Guide

Transferring your lease—sometimes called a lease assignment or subletting—to a new tenant is not always simple. In Kentucky, the process is governed by both your lease agreement and state law. Whether you need to move for work, family, or other reasons, understanding your rights and responsibilities is key to a smooth transition.

Understanding Lease Transfers in Kentucky

In Kentucky, a lease transfer typically means either assigning your lease to a new tenant or subletting your unit. The difference is important:

• Assignment: You transfer your entire interest in the lease to another person, who becomes the new tenant.
• Subletting: You temporarily rent the unit to someone else, but you remain responsible to the landlord.

Your lease agreement sets the rules for transferring or subletting. Most leases require the landlord's written consent before you can transfer the lease to another person.

Relevant Kentucky Law and the Tribunal

The main legislation covering renter rights and lease transfers is the Kentucky Uniform Residential Landlord and Tenant Act (URLTA) (KRS Chapter 383). However, URLTA is only in effect in certain Kentucky cities and counties. In other areas, common law (court decisions and your lease) applies. Kentucky Commission on Human Rights serves as a resource for housing matters, but there is no statewide rental tribunal as in some other states.

How to Transfer Your Lease in Kentucky

To transfer your lease legally and protect your interests, follow these general steps:

• Review your lease agreement for assignment or sublet clauses.
• Notify your landlord in writing and request permission.
• Use any official forms or written agreements required by your landlord.
• Obtain your landlord's written approval before moving forward.
• Complete a new rental application and background check (if required).
• Sign a lease transfer (assignment) or sublet agreement with both the new tenant and the landlord.
• Keep copies of all paperwork for your records.

Official Forms for Lease Transfer

• Lease Assignment Agreement: While Kentucky does not have a statewide official form, many landlords or property companies provide their own lease assignment form. Ask your landlord for their preferred document or use a template provided by the management company.
  Example: If you need to move out for work, obtain the assignment form from your landlord. Both you and the new tenant sign it, and the landlord provides written acceptance.
• Notice to Landlord for Assignment or Sublet: Some leases may require you to provide formal written notice of your intent to assign or sublet. Check your lease and use your landlord's designated notice form (if provided).
  Example: You give your landlord written notice of your plan, wait for approval, and then proceed.

If your city operates under URLTA (like Lexington-Fayette Urban County), consult the city's housing office website or local tenant resources for city-specific forms.

What If the Landlord Refuses?

If your lease says you cannot assign or sublet your unit, or the landlord denies your request, your options may be limited. In most cases, the landlord can withhold consent unless the lease or local law says otherwise. Some localities covered by URLTA require the landlord to act in good faith (i.e., not unreasonably withhold consent). If you feel your landlord’s refusal is wrongful, you can seek advice from local renter resources or legal aid.

Protecting Yourself During a Lease Transfer

Be sure to:

• Get all agreements in writing
• Settle unpaid utilities or damages before transfer
• Clarify responsibility for the security deposit with your landlord
• Provide a walk-through inspection, if moving out

This ensures both you and the new tenant understand your obligations and rights.

FAQ: Lease Transfer in Kentucky

1. Can my landlord refuse to let me transfer my lease?
   Yes, unless your lease provides a right to assign or sublet, or local tenant law (such as URLTA in certain jurisdictions) requires the landlord to consider your request reasonably.
2. Do I need a special form to assign my lease?
   While Kentucky does not have a statewide official form, most landlords require a written Lease Assignment Agreement. Ask your landlord or local housing office for their preferred template.
3. What happens to my security deposit if I assign my lease?
   Check with your landlord. In many cases, the security deposit arrangement is clarified in the new assignment or sublet agreement rather than being automatically refunded or transferred.
4. What is the difference between an assignment and a sublet?
   An assignment fully transfers the lease to the new tenant; a sublet means you temporarily rent to someone else but remain responsible for the lease.
5. Does the Kentucky Uniform Residential Landlord and Tenant Act cover all leases?
   No, URLTA applies only in designated cities and counties. In other areas, you are governed by your lease terms and statewide general contract law.

Conclusion: Key Takeaways

• Always review your lease and follow all required steps before transferring or subletting.
• Get written permission from your landlord, using appropriate forms or notices.
• Check local rules for special protections under URLTA in some Kentucky areas.

Being informed on the lease transfer process helps you avoid disputes and ensures a smooth experience for both you and the new tenant.

Need Help? Resources for Renters

• Kentucky Commission on Human Rights – Tenant Resources
• Kentucky Uniform Residential Landlord and Tenant Act (KRS Chapter 383)
• Lexington-Fayette Tenant Assistance (if in Fayette County)
• Kentucky Housing Corporation – Renter Services
• Legal Aid Society of Louisville – Tenant Support

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1. Kentucky Uniform Residential Landlord and Tenant Act (KRS Chapter 383)
2. Kentucky Commission on Human Rights – Tenant Rights
3. Kentucky Housing Corporation – Renter Services

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