Roommate Clause
in Your Lease
What it actually means, what Kentucky law says, what's specific to Louisville - and exactly what to do. In plain English.
Quick Summary - What You Need to Know
- No section we read in Kentucky's act or Louisville's Chapter 151 sets a deadline to report a new roommate.
- The seven days in § 383.620 is notice of an absence, not of someone moving in.
- § 383.605 bars knowingly allowing damage and makes you keep people there with your consent from disturbing neighbors.
- Louisville needs 70 square feet per lone sleeper, 50 each in a shared bedroom, and caps an efficiency at three.
- A landlord rule added after move-in that substantially changes your bargain needs your written consent (§ 383.610(2)).
Understanding the Roommate Clause
This page is for Louisville renters who want to add a roommate, or already have one, and need to know what to tell the landlord and when. No Kentucky section we read sets a deadline to report a new roommate, which leaves that to your lease.
One figure in the act, seven days, is easy to misread: it is about being away, not about someone arriving. Louisville's own limit is space.
Its Property Maintenance Code counts square feet per person, and an overcrowded unit can be condemned and vacated.
What renters assume
The seven days in Kentucky's act give a Louisville renter a week to tell the landlord a roommate has moved in.
What is actually true
The seven days in Ky. Rev. Stat. § 383.620 is about absence: a lease may require notice of an absence of more than seven days, given by its first day. No section we read sets a deadline for a new occupant.
In the comparison on this page, each bar is a deadline for reporting a new roommate. Two of the 25 rows have one: New York City and Seattle, both at 30 days, Seattle's under a city rule. The other 23 rows have no figure.
The no statute label covers twelve of them: Austin, Los Angeles, Miami, Chicago, Denver, Phoenix, Atlanta, Nashville, Philadelphia, Portland, Boston and Las Vegas. Charlotte, Minneapolis and Milwaukee are labelled no set deadline; Baltimore and Indianapolis add zoning family limit to that, and Kansas City zoning household limit.
The rest carry their own wording: Detroit no statute; zoning family limit, Washington, DC lease controls consent, Columbus no statute; lease controls, and Newark no statute; city occupancy caps.
Louisville's bar is empty and its label reads no set deadline; city floor-area limits. The § 156.103 limits are square feet per person, and the seven days in § 383.620 belong to an absence notice; neither starts a clock when someone moves in.
Roommate Clause Example - What the Wording Looks Like in Louisville, KY
The sample clause below is real lease language - a court quoted it word for word, and then ruled on it. What the judge decided is at the bottom of this block.
Find the equivalent paragraph in your own lease and read the two side by side. The wording will differ; the moving parts rarely do.
REIMBURSEMENT. You must promptly reimburse us for loss, damage, or cost of repairs or service caused anywhere in the apartment community by your or any guest's or occupant's improper use or negligence. […]
Quoted from the published opinion in Churchill Forge, Inc. v. Brown, 61 S.W.3d 368 (Tex. 2001). Judicial opinions are not subject to copyright; the lease language is reproduced in limited part for commentary under 17 U.S.C. § 107.
What the 4 highlighted phrases mean
“You must promptly”
This sentence speaks to whoever signed as “You”, and Kentucky's act defines a tenant narrowly. Ky. Rev. Stat. § 383.545(15) makes a tenant “a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others”. A roommate living in the unit without that agreement is not automatically a tenant under the act, though § 383.545(3) treats two or more people who maintain “a common household” as one dwelling unit. Louisville Metro Code § 151.03 carries the same definitions.
See the example
“loss, damage”
Kentucky's act already makes a tenant answer for some damage other people do, but it asks about knowledge. Under § 383.605(6) a tenant may not “deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so”. The statute looks at what the tenant knew and allowed; this sentence asks just one thing, the person's link to the household.
See the example
“community by your”
An apartment community is a set of neighbors, and Kentucky's act gives the tenant a duty about the people sharing it. § 383.605(7) has the tenant “require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises.” As our Kentucky record reads it, that duty governs what a roommate or guest does, not when a landlord must be told one exists.
See the example
“guest's or occupant's improper”
Occupant is the word Louisville's Property Maintenance Code counts. Under Metro Code § 156.103(D)(1) a bedroom for one person needs at least 70 square feet of floor area, and a shared bedroom at least 50 square feet for each occupant. § 156.103(E) bars more occupants than the minimum areas of Table 43 permit, and § 156.103(F) caps an efficiency unit at three occupants.
See the example
The co-signer's defence failed. JoAnn Brown signed an apartment lease as a cotenant with her adult son. He was alleged to have started a fire that damaged the complex, the landlord sued only her, and she argued she could not be charged for damage she had not caused. The Texas Supreme Court disagreed, reversed the summary judgment she had won and held this sentence enforceable against a cotenant who was not herself negligent. The route ran through two sections. Tex. Prop. Code § 92.052(b) gives a landlord no duty to repair damage caused by the tenant, an occupant or a guest, so § 92.006(e) had no repair duty to stop the parties contracting over; and the fair-notice doctrine did not apply, because the sentence does not shift the landlord's own negligence onto the tenant. The court added that neither statute, common law nor the Restatement bars “requiring a tenant to reimburse the landlord for damages negligently caused by the tenant or one occupying the premises with the tenant's consent.” A dissent would have held the sentence unenforceable outright because it was not underlined or conspicuous, as § 92.006(e)(4) requires. This is 2001 Texas law, decided on the Texas Property Code - state-specific, and not a national rule.
How this state's law treats this clause
One court, one lease, one state. That answer is not automatically yours, and your lease may be worded to land differently. Use this to know what to look for and what to ask - your state's tenant hotline or a local tenant attorney can answer it for your document.
Kentucky Law on Roommate Clause
- The tenant duty list is where a notice deadline would sit, and it is not there.
Read the law's words
Ky. Rev. Stat. § 383.605 opens "A tenant shall:" and lists seven duties, all about the condition and use of the premises. The two that reach other people are § 383.605(6), not to "deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so", and § 383.605(7), to "require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises." Those govern what a roommate or guest does, not when the landlord must be told one exists. Louisville Metro Code § 151.31 has the same seven duties. - The one occupancy notice the act lets a lease demand is about absence, not additions.
Read the law's words
Ky. Rev. Stat. § 383.620 provides: "Unless otherwise agreed, a tenant shall occupy his dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of seven (7) days no later than the first day of the extended absence." Metro Code § 151.34 is identical in substance. Under § 383.565(1) the parties may include terms "not prohibited by KRS 383.505 to 383.715 or other rule of law", and under § 383.610(2) a landlord rule adopted after move-in that "works a substantial modification of his bargain" is not valid unless the tenant consents to it in writing. - A person living in the unit is not automatically a tenant under the act.
Read the law's words
Ky. Rev. Stat. § 383.545(15) defines a tenant as "a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others", and § 383.545(3) defines a dwelling unit as a place used as a home "by one (1) person who maintains a household or by two (2) or more persons who maintain a common household." Louisville Metro Code § 151.03 carries the same definitions. - Louisville's cap is counted in square feet per person.
Read the law's words
Table 43 in Louisville Metro Code § 156.103(E) sets no living room or dining room minimum for 1 to 2 occupants, a living room of 120 square feet for 3 to 5 occupants and 150 for 6 or more, a dining room of 80 and 100, and a kitchen of 50 square feet for 1 to 2 occupants, 50 for 3 to 5 and 60 for 6 or more. Under § 156.103(F) an efficiency unit occupied by not more than two people needs at least 220 square feet of clear floor area and one occupied by three needs 320, and "The maximum number of occupants shall be three."
Sources include Ky. Rev. Stat. § 383.605; Ky. Rev. Stat. § 383.620; Ky. Rev. Stat. § 383.565; Ky. Rev. Stat. § 383.545(15); Ky. Rev. Stat. § 383.545(3); Ky. Rev. Stat. § 383.610; Ky. Rev. Stat. § 383.500; Ky. Rev. Stat. § 383.198; Louisville Metro Code § 151.31; Louisville Metro Code § 151.34; Louisville Metro Code § 151.03; Louisville Metro Code § 156.103; Louisville Metro Code § 156.805; Louisville Land Development Code § 1.2.2 - statutes change; verify the current text for your situation.
Copy and send: Before the new person moves in, once you have read your lease's occupancy paragraph
Ask to add a roommate
Fill in the brackets and keep a copy of what you send.
The Kentucky sections closest to a roommate rule. Louisville Metro Code §§ 151.03, 151.31 and 151.34 carry the same definitions, duties and absence rule.
- § 383.605 Tenant duties. Seven duties about the condition and use of the unit. None is a duty to report a new occupant. Under (6) you may not knowingly permit anyone to damage the premises, and under (7) you must require people there with your consent not to disturb the neighbors' peaceful enjoyment.
- § 383.620 Absence notice. A lease may require notice of an anticipated absence of more than seven days, given no later than the first day of the absence.
- §§ 383.565(1), 383.610(2) Lease terms and later rules. The lease may include any term the act or other law does not prohibit. A rule adopted after move-in that "works a substantial modification of his bargain" is not valid unless the tenant consents in writing.
- § 383.545(15) Who is a tenant. "A person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others". Someone living in the unit is not automatically a tenant under the act.
Check the current text on the Legislative Research Commission's site before you rely on it.
What's Specific to Louisville
How Kentucky compares
Deadline to notify the landlord of a new roommate, state by state
30 daysNo figureGuide coming soonYou are here
See all 25 cities as a chart
Figures are the state rule, or the stronger city ordinance where one exists. Verify the current law for your own situation before relying on it.
Louisville limits occupancy by floor area, not headcount. Metro Code § 156.103(D)(1) needs 70 square feet in a bedroom for one person and 50 per person in a shared one. § 156.103(E) adds Table 43 minimums for living rooms, dining rooms and kitchens.
Under § 156.805(A) an overcrowded unit is condemned, placarded and vacated. The family definition in Land Development Code § 1.2.2 sets no count of unrelated people in the text we read.
Ky. Rev. Stat. §§ 383.500 and 383.198 limit local landlord-tenant rules; we take no position on how they apply here.
No section we read in Kentucky's act sets that deadline, so this paragraph is where you will find one.
Under § 383.545(15), someone living in the unit is not automatically a tenant under the act.
§ 156.103(D)(1) needs 70 square feet for one sleeper and 50 per person when shared. Measure before anyone moves in.
Under § 383.610(2), a later rule that substantially modifies your bargain is not valid unless you consent in writing.
Sources
The law this guide relies on, and where to read it. Statutes change, so confirm the current text before you act on it.
- Ky. Rev. Stat. § 383.605; Ky. Rev. Stat. § 383.620; Ky. Rev. Stat. § 383.565; Ky. Rev. Stat. § 383.545(15); Ky. Rev. Stat. § 383.545(3); Ky. Rev. Stat. § 383.610; Ky. Rev. Stat. § 383.500; Ky. Rev. Stat. § 383.198; Louisville Metro Code § 151.31; Louisville Metro Code § 151.34; Louisville Metro Code § 151.03; Louisville Metro Code § 156.103; Louisville Metro Code § 156.805; Louisville Land Development Code § 1.2.2, read on apps.legislature.ky.gov. Read on the Kentucky Legislative Research Commission's statute site, whose Chapter 383 page says it includes enactments through the 2026 Regular Session and that the KRS database was last updated on October 3, 2026, with the Uniform Residential Landlord and Tenant Act sections cited here each showing an effective date of July 13, 1984; the Louisville Metro Code was read on American Legal Publishing in Supplement 2026 S-48, which states it is current through ordinances approved by the Mayor as of August 11, 2026.
Red Flags to Watch Out For
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Seven days to report a roommate
The seven days in § 383.620 is notice of an absence of more than seven days. It is not a deadline for reporting a new occupant.
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A state deadline nobody can name
If someone says Kentucky law sets a deadline to report a roommate, ask which section. No section we read in the act sets one.
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Damage you knew a roommate was doing
§ 383.605(6) bars you from knowingly permitting any person to damage the premises.
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One more sleeper in a small bedroom
Each person in a shared bedroom needs 50 square feet under § 156.103(D)(1). A tape measure answers it before the move.
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Too many people in an efficiency
§ 156.103(F) caps an efficiency at three and needs 320 square feet for three, 220 for one or two. An overcrowded unit is condemned and vacated (§ 156.805(A)).
Your Rights as a Louisville Tenant
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A later rule needs your written consent
Under § 383.610(2), a landlord rule adopted after move-in that substantially modifies your bargain is not valid unless you consent to it in writing.
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A household defined without a headcount
Land Development Code § 1.2.2 defines a family as one or more persons living as one housekeeping unit. The text we read sets no count of unrelated people.
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Absence notice is a lease term
§ 383.620 says the rental agreement "may require" notice of an absence of more than seven days, given no later than its first day.
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Space set in square feet
§ 156.103 states the minimums in square feet, so you can check them yourself with a tape measure.
What To Do - Step by Step
Read the occupancy paragraph word for word
Look for an approval step, a reporting period and any guest limit. No section we read in the act sets a deadline, so the lease is where to look.
Measure each bedroom
70 square feet for one sleeper, 50 per person if shared (§ 156.103(D)(1)). Do this before anyone gives notice on their current place.
Check the whole unit
Table 43 under § 156.103(E) asks for a living room of 120 square feet from 3 occupants and 150 from 6. An efficiency holds three at most.
Ask in writing, with name and date
Email the person's full name and planned move-in date, and keep the reply with your lease.
Set expectations with the new roommate
Agree on quiet and care of the unit. You must keep people there with your consent from disturbing the neighbors (§ 383.605(7)).
Check the current text
Read §§ 383.605, 383.610 and 383.620 on the Legislative Research Commission's site, and § 156.103 in Louisville's current Metro Code.
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Frequently Asked Questions
Roommate rules near Kentucky
The same clause in the nearest states we cover.
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