(1) The words "possession," "entry," "detainer," in KRS 383.200 to 383.285, refer to
lands and tenants.
(2) A forcible entry is:
(a) An entry without the consent of the person having the actual possession;
(b) As to landlord, an entry upon the possession of his tenant at will or by
sufferance, whether with or without the tenant's consent.
(3) A forcible detainer is:
(a) The refusal of a tenant to give possession to his landlord after the expiration
of his term; or of a tenant at will or by sufferance to give possession to the
landlord after the determination of his will;
(b) The refusal of a tenant of a person who has made a forcible entry to give
possession, on demand, to the person upon whose possession the forcible
entry was made;
(c) The refusal of a person who has made a forcible entry upon the possession of
one who acquired it by a forcible entry to give possession, on demand, to him
upon whose possession the first forcible entry was made;
(d) The refusal of a person who has made a forcible entry upon the possession of
a tenant for a term to deliver possession to the landlord, upon demand, after
the term expires; and, if the term expires whilst a writ of forcible entry sued
out by the tenant is pending, the landlord may, at his cost and for his benefit,
prosecute it in the name of the tenant.
Effective: July 1, 1953
History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C.
sec. 452.
Notes of Decisions
Cited in
15
cases (
7 in the last 5 years), 1954–2024 · leading case:
Greene v. Lindsey, 456 U.S. 444 (1982).
Greene v. Lindsey, 456 U.S. 444 (1982).
· cites it 2× “Ky. Rev. Stat. §§ 383.200, 383.210 (1972).”
Shinkle v. Turner, 496 S.W.3d 418 (Ky. 2016).
· cites it 2× “KRS 383.200(a) provides: “A forcible detainer is .”
Ferguson v. Hous. Auth. of Middlesboro, 499 F. Supp. 334 (E.D. Ky. 1980).
“This notice to vacate also served the purpose of providing the notice to the tenant to vacate under Kentucky law, prior to instituting a forcible detainer action, pursuant to KRS 383.”
Emmons v. Madden, 781 S.W.2d 529 (Ky. Ct. App. 1989).
“KRS 383.200(3) defines “forcible detainer” as follows: (a) The refusal of a tenant to give possession to his landlord after the expiration of his term; or of a tenant at will or by sufferance to give possession to the landlord after the determination of his will; (b) The refusal…”
Anthony v. McLaughlin, 566 S.W.3d 581 (Ky. Ct. App. 2018).
“As a special statutory proceeding, KRS 383.200 -285 governs the eviction process with its own unique procedural requirements which "shall prevail over any inconsistent procedures set forth in *585 the Rules [of Civil Procedure].”
Hornsby v. Hous. Auth. of Dry Ridge, 566 S.W.3d 587 (Ky. Ct. App. 2018).
“Shinkle concerned the general statutory scheme governing forcible detainer actions set forth in KRS 383.200 -.285. However, we believe that the issue of whether a housing authority's executive director can act as the legal representative in a forcible detainer action also…”
Ricky Young v. William House (Ky. Ct. App. 2022).
· cites it 2× “at 421 ; KRS 383.200(3)(a). Under the Uniform Residential Landlord and Tenant Act (URLTA),2 codified at KRS 383.”
Ricky Young v. William House (Ky. Ct. App. 2022).
· cites it 2× “at 421 ; KRS 383.200(3)(a). Under the Uniform Residential Landlord and Tenant Act (URLTA),2 codified at KRS 383.”
Zad, LLC v. Bulk Petroleum Corp., 368 S.W.3d 122 (Ky. Ct. App. 2012).
· cites it 3× “It is unclear whether Kentucky’s forcible detainer statute, KRS 383.200, or Wisconsin's comparable statute, Wisconsin Statute(s) Annotated (WSA) § 799.”
— Ky. Rev. Stat. § 383.200(3) — 1 case
Emmons v. Madden, 781 S.W.2d 529 (Ky. Ct. App. 1989).
“KRS 383.200(3) defines “forcible detainer” as follows: (a) The refusal of a tenant to give possession to his landlord after the expiration of his term; or of a tenant at will or by sufferance to give possession to the landlord after the determination of his will; (b) The refusal…”
— Ky. Rev. Stat. § 383.200(3)(a) — 5 cases
Ricky Young v. William House (Ky. Ct. App. 2022).
“at 421 ; KRS 383.200(3)(a). Under the Uniform Residential Landlord and Tenant Act (URLTA),2 codified at KRS 383.”
Ricky Young v. William House (Ky. Ct. App. 2022).
“at 421 ; KRS 383.200(3)(a). Under the Uniform Residential Landlord and Tenant Act (URLTA),2 codified at KRS 383.”
Zad, LLC v. Bulk Petroleum Corp., 368 S.W.3d 122 (Ky. Ct. App. 2012).
“It is unclear whether Kentucky’s forcible detainer statute, KRS 383.200, or Wisconsin's comparable statute, Wisconsin Statute(s) Annotated (WSA) § 799.”
— Ky. Rev. Stat. § 383.200(a) — 2 cases
Shinkle v. Turner, 496 S.W.3d 418 (Ky. 2016).
“KRS 383.200(a) provides: “A forcible detainer is .”
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