Kentucky 2025 Regular Session

Kentucky House Bill HB109 Latest Draft

Bill / Introduced Version

                            UNOFFICIAL COPY  	25 RS BR 922 
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AN ACT relating to abandoned property. 1 
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 
Section 1.   KRS 383.020 is amended to read as follows: 3 
(1) A distress warrant or attachment for rent shall bind, and may be levied upon, any 4 
personal property of the original tenant found in the county, and the personal 5 
property of the assignee or undertenant found on the leased premises. If the tenant 6 
has removed his or her property to another county, the distress or attachment may 7 
be directed to that county.  8 
(2) If property is distrained for any rent not due, or attached for any rent not due or 9 
accruing, or taken under any attachment sued out without good cause, the owner of 10 
the property may, in an action against the party suing out the warrant of distress or 11 
the attachment, recover double damages for the wrongful seizure, and if the 12 
property is sold, for double the value thereof.  13 
(3) Any person who wrongfully takes or removes property distrained or attached for 14 
rent, from any person having the legal custody of it, shall be liable to the person 15 
aggrieved for treble damages, with costs. If the property distrained, after the 16 
wrongful taking or removal, comes to the possession of the owner by his or her 17 
wrongful procurement, he or she shall in like manner be liable to the person 18 
aggrieved. 19 
(4) Any property which is located in a dwelling unit when the landlord takes 20 
possession, and which is not distrained or attached pursuant to this section, shall 21 
be stored by the landlord. The landlord shall, within seven (7) days of taking 22 
possession of the property, prepare an inventory and notify the tenant by certified 23 
mail, return receipt requested, addressed to the tenant's last known address and 24 
to any of the tenant's alternate addresses known to the landlord. The landlord 25 
shall also post a notice on the door to the dwelling unit or any other conspicuous 26 
place on the property for seven (7) days. If, within twenty-one (21) days of the 27  UNOFFICIAL COPY  	25 RS BR 922 
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landlord taking possession of the dwelling unit, the tenant makes no reasonable 1 
effort to recover the property, the landlord may dispose of the property. 2