(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.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1944–2021 · leading case:
Swift & Co. v. Campbell, 360 S.W.2d 213 (Ky. Ct. App. 1962).
Swift & Co. v. Campbell, 360 S.W.2d 213 (Ky. Ct. App. 1962).
· cites it 2× “In the Chiquelin case we said concerning the lien interest in distrained property as follows: “As to liens created before the property is placed upon the premises, KRS 383.080(3) provides that they ‘shall prevail against a distress warrant.”
Int'l Harvester Co. v. Dyer's Adm'r, 178 S.W.2d 966 (Ky. Ct. App. 1944).
“In that opinion it was said that the lienholder was entitled to a separate sale of the equipment upon which it had recorded a purchase-money lien before the equipment was placed in the mine.”
Grc Dev., LLC v. New Acton Mobile Indus., LLC (Ky. Ct. App. 2021).
· cites it 2× “Even so, GRC contends the trailer should not have been removed from its property without paying “past due rent” pursuant to KRS 383.080(1). However, KRS 383.080(1) states: If, after the commencement of any tenancy, a lien is created on the property upon the leased premises…”
Chiquelin v. Linker, 323 S.W.2d 583 (Ky. Ct. App. 1959).
“As this Court construes KRS 383.080(3), the legislature has said that such a lien will! not be overcome by the distress action and! will continue to exist and be in force though the property is sold at the distress sale and is in the hands of the purchaser.”
Brunswick-Balke Collender Co., Inc. v. Owens, 183 S.W.2d 484 (Ky. Ct. App. 1944).
“Owens prior to the time the equipment was placed therein, title had been conveyed to him and the mortgage for the balance of the purchase price was of record before the equipment was placed in the building.”
— Ky. Rev. Stat. § 383.080(1) — 1 case
Grc Dev., LLC v. New Acton Mobile Indus., LLC (Ky. Ct. App. 2021).
“Even so, GRC contends the trailer should not have been removed from its property without paying “past due rent” pursuant to KRS 383.080(1). However, KRS 383.080(1) states: If, after the commencement of any tenancy, a lien is created on the property upon the leased premises…”
— Ky. Rev. Stat. § 383.080(3) — 2 cases
Swift & Co. v. Campbell, 360 S.W.2d 213 (Ky. Ct. App. 1962).
“In the Chiquelin case we said concerning the lien interest in distrained property as follows: “As to liens created before the property is placed upon the premises, KRS 383.080(3) provides that they ‘shall prevail against a distress warrant.”
Chiquelin v. Linker, 323 S.W.2d 583 (Ky. Ct. App. 1959).
“As this Court construes KRS 383.080(3), the legislature has said that such a lien will! not be overcome by the distress action and! will continue to exist and be in force though the property is sold at the distress sale and is in the hands of the purchaser.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.