(1) A landlord renting premises for farming or coal mining purposes shall have a lien
on the produce of the premises rented and the fixtures, household furniture, and
other personal property owned by the tenant, or undertenant, after possession is
taken under the lease, but the lien shall not be for more than one (1) year's rent due
and to become due, nor for any rent which has been due for more than eleven (11)
months.
(2) Every other landlord shall have a lien on the fixtures, household furniture, and other
personal property of the tenant or undertenant, from the time possession is taken
under the lease, to secure the landlord in the payment of four (4) months' rent, due
or to become due, but such lien shall not be effective for any rent which is past due
for more than one hundred and twenty (120) days.
(3) If sued out within one hundred and twenty (120) days from the time the rent is due,
a distress or attachment for rent secured by a lien under subsection (1) or subsection
(2) shall, to the extent of four (4) months' rent, be superior to and satisfied before
other liens upon the personal property of a lessee, assignee or undertenant, created
while the property is on the leased premises, whether the rent accrued before or
after the creation of the other liens. If the rent is for premises leased for coal mining
purposes, the superiority given the lien by this subsection shall be to the extent of
one (1) year's rent.
(4) If any property subject to a lien under this section is removed openly from the
leased premises, without fraudulent intent, and not returned, the landlord's lien
given by this section shall continue on the property so removed only for fifteen (15)
days from the date of its removal. The landlord may enforce his lien against the
property wherever found.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. secs. 2316, 2317.
Notes of Decisions
Kentucky Farm & Cattle Co. v. Williams, 140 F. Supp. 449 (E.D. Ky. 1956).
· cites it 2× “Unlike the structures referred to in the original contract of 1943, they were not of the character to enhance the value of the Dolan farm for they did not become a part of the realty and, notwithstanding their location on the leased land, the lessor acquired no right, title or…”
Cochran v. Folger, 740 F. Supp. 2d 923 (E.D. Ky. 2010).
· cites it 2× “Defendants argue, without citing to any precedent, that they were merely executing a warrant on the “automatic” lien that the Williams obtained during the forcible detainer proceeding and by operation of KRS 383.070. However, while KRS 383.070 discusses the priority of a…”
North Star Co. v. Howard, 341 S.W.2d 251 (Ky. Ct. App. 1960).
“The Howards also contend that they were entitled to be adjudged a landlord’s lien on the mine cars under the provisions of KRS 383.070. Since the judgment obtained by the Howards included the rent due under the lease, which was adequately secured, they were not prejudiced by the…”
Grc Dev., LLC v. New Acton Mobile Indus., LLC (Ky. Ct. App. 2021).
· cites it 4× “y 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…”
Taggart Global Operations, LLC v. Elk Horn Coal Co., 415 S.W.3d 665 (Ky. Ct. App. 2013).
· cites it 6× “Thus, Elk Horn’s claim to the property is based upon its assertion of a landlord lien pursuant to KRS 383.070, which provides in relevant part: (1) A landlord renting premises for farming or coal mining purposes shall have a lien on the produce of the premises rented and the…”
— Ky. Rev. Stat. § 383.070(1) — 2 cases
Grc Dev., LLC v. New Acton Mobile Indus., LLC (Ky. Ct. App. 2021).
“y 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…”
Taggart Global Operations, LLC v. Elk Horn Coal Co., 415 S.W.3d 665 (Ky. Ct. App. 2013).
“Thus, Elk Horn’s claim to the property is based upon its assertion of a landlord lien pursuant to KRS 383.070, which provides in relevant part: (1) A landlord renting premises for farming or coal mining purposes shall have a lien on the produce of the premises rented and the…”
— Ky. Rev. Stat. § 383.070(3) — 1 case
Taggart Global Operations, LLC v. Elk Horn Coal Co., 415 S.W.3d 665 (Ky. Ct. App. 2013).
“Thus, Elk Horn’s claim to the property is based upon its assertion of a landlord lien pursuant to KRS 383.070, which provides in relevant part: (1) A landlord renting premises for farming or coal mining purposes shall have a lien on the produce of the premises rented and the…”
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