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“I’m Keeping It”: Kentucky Law on Residential Security Deposits
When a tenant moves out of a residential dwelling and leaves it worse for the wear, what recourse does a landlord have? Many landlords assert their “right” to keep the security deposit when such an instance arises, but in order to do so, a landlord must strictly adhere to the established statutory requirements set forth in KRS §383.580.[1] More >
Check the Zoning Regulations Before Operating a Business Out of Your Home!
Modern technology and our ever-changing economy are causing more people to consider starting up or basing their existing businesses from home. Many communities have embraced this concept and have enacted zoning regulations that make it easier to do just that. Some jurisdictions, however, still have regulations on their books that make operating a business from home a real challenge. Regardless of where your community falls on this spectrum, it is important to know what the rules are before you start operating a business from your residence. If you live in a community without any zoning regulations you can do just about anything you want to on your property but it is advisable to check to make sure there are no recorded restrictive covenants that limit or prohibit non-residential or commercial activities in the subdivision. Assuming that there are zoning laws that apply to the property, or if you are uncertain whether your area is subject to zoning, the first step is to call the local government. There are many different names for the division of government that may regulate such matters, such as building inspection, codes and permits, or the zoning office, but if you call the general city or county number and explain what you need to know, they will direct you to the right place. More >
A New Beginning for Closings
Currently, under federal law, within three business days after receiving an application, mortgage lenders must deliver two different disclosures to the applicants: an early Truth in Lending Statement and a Good Faith Estimate. At closing, two more disclosures are required: a final Truth in Lending Statement and a HUD-1 settlement statement. Starting Aug. 1, 2015, that long-established process will change. The forms will be reduced to two and simplified so that consumers will be able to mortgage shop more easily and understand their mortgage terms and costs more thoroughly. More >
Buying a Home? Do This First!
Potential home buyers can spend years saving for a down payment, months creating a budget, and weeks looking at properties before making the plunge. Too often, though, they overlook a crucial step on the path to purchase: checking their own credit report and credit score. Your credit report and credit score could be the keys to unlocking that white picket fence to your new home. Let’s take a look at why this is so important. More >
One Day Left to Share Your Comments about the Closing Process!
On January 3, the Consumer Financial Protection Bureau (“CFPB”) issued a notice and request for information in the Federal Register regarding the real estate closing process. Specifically, the CFPB is interested in knowing the consumer “pain points” associated with mortgage closing and how those pain points might be addressed by market innovations and technology. More >
Is the Bluegrass Pipeline Selling Pipe Dreams to KY Landowners?
Are you a Kentucky landowner in the path of the proposed Bluegrass Pipeline? If so, you need to read this before agreeing to allow the pipeline on your land. Residents in thirteen counties will be affected by the proposed pipeline and a lot is at stake. As a landowner, you need to understand your legal rights and the potential risks associated with the pipeline so you can make an informed decision as to whether or not you are going to allow the pipeline on YOUR property. More >
Boilerplate Language May Brew Trouble
As a real estate attorney, I am frequently asked by clients to provide a “general form” with boilerplate language that can be used for a lease or contract, whether it be for a commercial or residential property. Alternatively, clients turn to the Internet for one of these one-size-fits-all forms. I cannot fault clients for their desire to have a form that can be used in all situations, but the truth is that no such handy-dandy form exists. If it did, the job of a real estate attorney would be much easier! More >
A Gift That Lasts a Lifetime - And Beyond
With the holiday season in full swing, many are trying to find that "perfect gift" for a loved one. If you are lucky enough to own a piece of land in this beautiful Commonwealth, let me offer a suggestion. This gift cannot be wrapped in a bow or placed under the tree, but it will provide perpetual enjoyment while also providing unique benefits to you, the grantor. This gift is a conservation easement. More >
