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KRS 383.030

Attachment for rent -- Procedure

Known as the Uniform Residential Landlord and Tenant Act

The act spans §§ 383–383 (96 sections).

Applied in 3 court decisions — leading case Cochran v. Gilliam (2011)

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

Effective: January 2, 1978 History: Amended 1976 (1st Extra Sess.) Ky

How often courts cite this section

2010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) If any person is liable for rent due not later than one year thereafter, whether payable in money or some other thing, the person to whom the rent is owing or his agent or attorney may file an affidavit in the district court if the amount involved is less than $1,500 and otherwise in the Circuit Court of the county in which the tenement lies, stating that there are reasonable grounds for belief, and that he does believe, that unless an attachment is issued he will lose his rent. The court shall then issue an attachment for the rent against the personal property of the person liable for the rent, to any county the person suing out the attachment may desire. But the attachment shall not issue until the plaintiff has given bond, with good surety, to indemnify the defendant should it appear that the attachment has been wrongfully obtained.

(2) Attachments for rent issued shall be returned before the court issuing the attachment. The proceedings thereon shall be the same as on other attachments according to KRS Chapter 425 and the Rules of Civil Procedure.

(3) The defendant may deny the tenancy or his liability to pay rent, as stated in the affidavit. He may repossess himself of the property by executing bond in a manner similar to that prescribed in KRS Chapter 425, subject to similar proceedings if forfeited, as is prescribed by KRS Chapter 425 and the Rules of Civil Procedure on such a bond.

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