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383.070 Lien for rent -- Priority of.
(1)
(2)
(3)
(4)
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.
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.
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.
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.
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