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KRS 383.020

Property subject to distress or attachment for rent -- Damages for illegal distraint, attachment, or wrongful removal

Known as the Uniform Residential Landlord and Tenant Act

The act spans §§ 383.010 to 383.715 (96 sections).

Applied in 2 court decisions — leading case Chiquelin v. Linker (1959)

Most recently applied in Taggart Global Operations, LLC v. Elk Horn Coal Co. (August 2013)

Effective: October 1, 1942 History: Recodified 1942 Ky

(1) A distress warrant or attachment for rent shall bind, and may be levied upon, any personal property of the original tenant found in the county, and the personal property of the assignee or undertenant found on the leased premises. If the tenant has removed his property to another county, the distress or attachment may be directed to that county.

(2) If property is distrained for any rent not due, or attached for any rent not due or accruing, or taken under any attachment sued out without good cause, the owner of the property may, in an action against the party suing out the warrant of distress or the attachment, recover double damages for the wrongful seizure, and if the property is sold, for double the value thereof.

(3) Any person who wrongfully takes or removes property distrained or attached for rent, from any person having the legal custody of it, shall be liable to the person aggrieved for treble damages, with costs. If the property distrained, after the wrongful taking or removal, comes to the possession of the owner by his wrongful procurement, he shall in like manner be liable to the person aggrieved.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.