Ky. Rev. Stat. ch. 383 § 383.080
Rights of other lienholders on property of tenant as against landlord
Operative Text
383.080 Rights of other lienholders on property of tenant as against landlord. (1) If, after the commencement of any tenancy, a lien is created on the property upon the leased premises liable for rent, the party making or acquiring the lien may remove the property from the premises only after paying to the person entitled to the rent so much as is in arrears, and securing to him so much as is to become due; what is so paid and secured not being more altogether than rent for the period of time for which the landlord has a lien under KRS 383.070. (2) If the property is taken under execution or attachment, the officer shall, out of the proceeds of the property found on the leased premises and levied on or taken by him, make payment of the rent payable in money; in an amount equal to that for which the landlord has a lien under KRS 383.070, unless a bond of indemnity is executed. The plaintiff in the execution or attachment may compel a sale of the property under his process by executing to the officer a bond of indemnity such as provided for in KRS Ch. 425, and the remedy provided in KRS Ch. 425 and the Rules of Civil Procedure, on a bond of indemnity, shall operate in favor of the person to whom the rent is payable or other claimant of the property on the bond. (3) All valid liens upon the personal property of a lessee, assignee, or undertenant, created before the property is carried upon the leased premises, shall prevail against a distress warrant or attachment for rent. History: Amended 1966 Ky. Acts ch. 255, sec. 264. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2314, 2315, 2316.
Kentucky Revised Statutes § 383.080 governs the competing claims between a landlord's rent lien and other parties who hold liens on a tenant's personal property located on leased premises. Under this provision, a third-party lienholder who wants to remove property from the premises must first pay any overdue rent and secure payment of rent coming due, up to the amount covered by the landlord's lien under KRS 383.070. Importantly, liens that were created on a tenant's personal property before that property was ever brought onto the leased premises take priority over a landlord's distress warrant or attachment for rent.
Plain English — not legal advice.
Under KRS § 383.080, landlords in Kentucky hold a rent lien that can affect third parties—such as creditors or judgment holders—who seek to remove a tenant's personal property from the leased premises. A compliant landlord generally keeps accurate records of rent amounts in arrears and amounts coming due, since those figures determine what a lienholder must pay or secure before removing property. Landlords should also be aware that their lien does not automatically prevail over liens that were established on the tenant's property before it was brought onto the premises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
KRS § 383.080 provides tenants and their creditors with a framework that limits a landlord's ability to block the removal of property subject to other valid liens. If a tenant's personal property was encumbered by a lien before it was ever placed on the leased premises, that earlier lien takes priority over the landlord's distress warrant or attachment for rent under this section. Tenants who believe their property rights or a creditor's rights are being improperly affected may wish to consult a tenant-rights organization or legal aid office familiar with Kentucky landlord-tenant law for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 19, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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Rules and statutes that cite this regulation