Request By:
Mr. Buddy R. Salyer
Attorney at Law
129 East Main Street
Morehead, Kentucky 40351
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
KRS 383.530 provides that the Uniform Residential Landlord and Tenant Act applies to, regulates, and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located in this state. However, KRS 383.715 of the same Act provides that the provisions of the Act (KRS 383.505 to 383.715) shall apply only to counties containing cities of the first class and urban-county governments. The legislation was enacted in 1974 as H.B. 125 (Ch. 378). Section 7 is now KRS 383.530. Section 46 is now KRS 383.715. Section 46 was the last section of the Act.
You ask: "Is there a conflict between the two above sections, and if so, which shall prevail? In other words, would a contract between landlord and tenant made in Morehead, Rowan County, Kentucky, be governed by this Act.
The answer is that the Act applies only to agreements affecting dwelling units located in the counties of Fayette and Jefferson.
There is a conflict between KRS 383.530 and 383.715. The enrolled bill (H.B. 125, 1974 Acts) shows that prior to a Senate Amendment the bill was made applicable only to counties containing cities of the first, second class and urban-county governments. A Senate amendment deleted the word "second". The last section of the bill [Section 46, designated KRS 383.715], as amended, restricts its application to counties containing a first class city and urban-county government. However Section 7 [KRS 383.530] suggests vaguely that the Act applies in connection with any rented premises located within Kentucky.
The case of