What To Do

• Immediately apply for FEMA assistance (Serious Needs Assistance, Rental Assistance, and Personal Property)

• Document all damage to your rented home and personal property with photos and videos (for FEMA application and renters insurance claims).

• If your rented home is uninhabitable and you have to move out permanently, send a written request to terminate your lease and request a return of your security deposit and unpaid rent.

• If you have renters insurance, file a claim as soon as possible.

• If your landlord is acting illegally, contact a local tenants’ rights organization or tenant attorney.

Act now: Apply for FEMA Assistance

Federal assistance is now available for individuals and families affected by the February 2025 Kentucky flooding, landslides, and mudslides in the following counties: Breathitt, Clay, Harlan, Knott, Lee, Letcher, Martin, Owsley, Perry, Pike.

Apply for assistance online at www.disasterassistance.gov or call FEMA’s helpline at 1-800-621-3362. You can find more information about the FEMA application process here.

FEMA’s Serious Needs Assistance is a one-time payment of $770 per eligible household for immediate life-sustaining needs, such as medical supplies and food. It is intended to be approved quickly, so the sooner you can apply, the sooner you can get this assistance.

FEMA may also provide Rental Assistance, which you can use to rent housing if you are displaced from your home.

Kentucky Landlord-Tenant Law

Specific requirements for landlords can vary significantly depending on the city or county in which your rental unit is located. Some cities and counties have adopted the Uniform Residential Landlord and Tenant Act (URLTA), which provides greater protections for tenants.

If your county is covered by URLTA

In a county covered by URLTA, your landlord is obligated to: 

• Comply with applicable housing codes

• Make necessary repairs to keep the rental unit habitable

• Supply running water and other utilities

If your landlord asks you to pay for any of these repairs, cite Kentucky Revised Statutes Chapter 383.595.

If your county is not covered by URLTA

In Kentucky, there are no statewide habitability standards for rental units. In the absence of the URLTA, rental agreements default to Kentucky common law, in which case the lease agreement is controlling.

Lease Termination Rights Under URLTA

In counties covered by URLTA, you have the right to terminate your lease if your rented home becomes uninhabitable due to a disaster. The tenant or the landlord may terminate the rental agreement upon 14 days’ notice; however, the tenant may immediately vacate the premises.

If you decide to terminate your lease:

• Document the damage to the unit (with photos, video, etc.) proving that it is uninhabitable.

• Write a letter or email to your landlord, including copies of the documentation, stating that the unit is not habitable and you wish to terminate the lease.

• Immediately make a written and dated request for a return of your security deposit, as well as any unused rent. Include a forwarding address for where a check can be sent. If you are able to get your security deposit and unused rent back as soon as possible, you can put those funds toward temporary housing.

If your county is not covered by URLTA, you may not have the above lease termination rights unless so stated in your lease. You may attempt to terminate your lease and/or request a return of your security deposit, but your landlord may not be obligated to comply with your request.

Filing A Renters Insurance Claim

If your rented home has been damaged or rendered uninhabitable due to disaster, file a claim with your carrier right away.

Loss of Use Coverage (Coverage D)

If your home is uninhabitable due to a declared disaster, many insurance policies include coverage for Additional Living Expenses (ALE), which can help pay for costs related to temporary housing, food, and other necessary living expenses. 

• Ask your insurance carrier for an advance ALE payment right away.

• Keep receipts for housing and living expenses to ensure reimbursement after the advance payment.

Personal Property Coverage (Coverage C)

Renters insurance typically entitles you to benefits that will allow you to clean or replace damaged or destroyed personal belongings.

• Insurance carriers will usually require that you create an itemized inventory of your personal property.

  • Your policy may have limits or riders on certain categories of possessions.

• If you have suffered a total loss, you may be able to request a waiver of the inventory requirement. Ask your carrier what their requirements are.