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The relationship between tenants and landlords in Kentucky is governed by a set of statutes. These statutes prescribe the manner in which contracts are drawn, enforced and terminated.
Paul’s Paint Company can request for payment based on the understanding of the Kentucky revised statute (KRS). KRS 383.590, property owner’s duties, points out that the property owner’s duty is to follow the housing and building codes as described by KRS 383.545. Under these regulations, it is the property owner’s duty to carry out the maintenance work of the house provided the cause of damage was not the tenant. This includes repairs and painting.
The Paul’s Paint Company may also use the theory of agency. In this theory, the tenant was an agent of the property owner. The tenant was the owner’s representative and made the decision to sign the contract in good faith on behalf of the owner (“Chapter 383, Landlord and Tenant”, 1990).
In defense, the property owner may refuse to pay citing a lack of the proper procedure in the matter. KRS 383.635, Right of tenant to deduct from rent is the only provision that allows the tenant to authorize repairs on behalf of the owner. The tenant did not issue a written notice of the intent to repair. The tenant did not allow a fourteen-day period before the repairs started as prescribed in the statute. The statute also states that the landlord has limited liability and the tenant should not make repairs that cost more than one hundred dollars without legal advice on KRS 383.635. The repairs in question cost two thousand dollars (“Kentucky Revised Statute”, 1990).
The property owner can also argue that the tenant’s contract does not allow him or her to possess the powers of an agent. Hence, the contract signed was between the tenant and Paul’s Paint Company. The contract shows an agreement between the paint company and the tenant.
Paul’s paint company can compel the tenant to pay for the paint job. This can happen based on the principles of contracts. The signature on the document belongs to the tenant. Therefore, the tenant entered into a contract with Paul’s paint company without the property owner’s permission (verbal or written). According to the theory of agency, the sales person acted within his powers as an agent of the paint company. However, the tenant did not have the authority to sign on behalf of the property owner.
The tenant temporarily owns the house by paying rent. The paint company can argue that the contract was with the owner of the house at the time regardless of whether it was temporary ownership or not. The tenant of the house should then foot the bill, as he was the owner at the time the contract was drawn (“Kentucky Revised Statute”, 1990).
The tenant can argue that according to the Kentucky revised statute, KRS 383.635, he notified the property owner and she agreed to do the repairs. However, there were no repairs six months after the first request by the tenant. The tenant cannot pay because according to the statute, the maximum amount of money the tenant should pay for repairs is 100 dollars. The job costs two thousand dollars and the tenant should not pay from his pocket (“Chapter 383 Landlord and Tenant”, 1990).
The tenant can also argue that according to KRS 383.590, property owner’s duties, the property owner has the duty to maintain the house.
The tenant should pay the paint company.
The reason for this is that the contract was between the paint company’s sales man and the tenant. Therefore, the tenant bears liability for the cost of repairs.
However, the tenant has the right to claim compensation from the landlord for the repairs. This is because the property owner did not fulfill her statutory duty even after the tenant complained, yet she acknowledged that she has received the complaint (“Chapter 383, Landlord and Tenant”, 1990).