Articles

THE STORY Bailey is the property manager of The Colosseum, a 250-unit luxury complex. The Colosseum allows its residents to own pets, but has a list of restricted breeds that includes all the usual suspects: Pit Bills, Rottweilers, German Shepherds, Chows, etc. Recently, Bailey has received several complaints that a Pit Bull was on the property near the 300 Building. None of those who complained could associate the animal with any particular resident, and no one on Bailey’s staff had ever seen the dog when they investigated the complaints. One afternoon as she was walking the grounds with a member...

There’s an old saying that the two happiest days of a boat-owner’s life are the day he buys the boat and the day he sells it. The warning implied is that most people have no idea of what boat ownership actually entails, so they are relieved when they get rid of its burdens. The same warning applies generally to landlords who try to navigate the rental industry without consulting an attorney, and specifically to those that sue their tenants without seeking the advice of counsel. Many landlords, out of principle or outright anger, end up suing their tenants for damages,...

“All the laws favor the tenants” is a phrase I hear often in the rental industry. As a Kentucky attorney who only represents landlords, I spend close to 150 days a year in court advocating for landlords, and many hours consulting and giving advice to landlords on how to structure their leases and applications, and how to deal with their tenants. While my practice is located near two jurisdictions that have adopted the URLTA (Lexington and Georgetown), I do plenty of work in surrounding counties that have not. As a result, I have had to develop expertise in landlord-tenant relationships...

  Philosopher John Stuart Mill famously said that landlords “grow rich in their sleep, without working, risking, or economizing”. While it’s debatable whether that was true in Mill’s day, the “without risking” portion of Mill’s quote is certainly false today. My blog posts on Kentucky’s strict liability standard for landlords in dog-bite cases alone should make that clear. However, when you combine broad liability for dog bites with the dramatic increase in tenants with Assistance Animals, landlords often feel like they’re darned if they do and darned if they don’t. When you add in the fact that many Assistance Animals...

“There he is again! This is the fourth day in row!” Becky says, as she notices a tall red-haired man leaving Unit 58. The man gets in his car and drives off, presumably going to work. Becky manages a 90-unit apartment complex, which is small enough that she knows most of her tenants fairly well and is able to keep up with the latest news around the property. While there have been no major issues lately at the property, Becky keeps noticing this tall red-haired man leaving Unit 58 each morning. Her tenants have told her that the man comes...