Ky. Rev. Stat. ch. 383 § 383.205
Time when tenancy created immaterial
Operative Text
383.205 Time when tenancy created immaterial. It is not material whether the tenant shall have received possession from his landlord or have become his tenant after obtaining possession.
Kentucky Revised Statute § 383.205 establishes that the legal relationship between a landlord and tenant is valid regardless of how or when the tenant first came to occupy the property. Whether the tenant received possession directly from the landlord at the start of a lease or became a tenant only after already being in possession of the property, the tenancy is recognized under the law. The timing and sequence of how possession was obtained does not affect whether a landlord-tenant relationship exists.
Plain English — not legal advice.
Under Ky. Rev. Stat. § 383.205, property owners and managers should be aware that a tenancy can be legally recognized even when a person obtained possession of a unit before a formal landlord-tenant relationship was established. Compliant operators typically document the terms of any tenancy clearly, regardless of how the occupant originally came to be in the property. This provision means that the rights and obligations of the landlord-tenant relationship may apply even in situations where the sequence of events was unconventional.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ky. Rev. Stat. § 383.205 means that a tenant's rights under Kentucky law are not diminished simply because they came into possession of a property in an unusual order or sequence — for example, by occupying a unit before a formal lease was signed. Tenants in such situations may still be entitled to the protections that apply to any recognized tenancy under Kentucky law. Those who have questions about whether their occupancy qualifies as a tenancy, or what rights flow from it, may wish to consult a tenant-rights organization or legal aid service familiar with Kentucky housing law.
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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