Ky. Rev. Stat. ch. 383 § 383.020
Property subject to distress or attachment for rent -- Damages for illegal
Operative Text
383.020 Property subject to distress or attachment for rent -- Damages for illegal distraint, attachment, or wrongful removal. (1) A distress warrant or attachment for rent shall bind, and may be levied upon, any personal property of the original tenant found in the county, and the personal property of the assignee or undertenant found on the leased premises. If the tenant has removed his property to another county, the distress or attachment may be directed to that county. (2) If property is distrained for any rent not due, or attached for any rent not due or accruing, or taken under any attachment sued out without good cause, the owner of the property may, in an action against the party suing out the warrant of distress or the attachment, recover double damages for the wrongful seizure, and if the property is sold, for double the value thereof. (3) Any person who wrongfully takes or removes property distrained or attached for rent, from any person having the legal custody of it, shall be liable to the person aggrieved for treble damages, with costs. If the property distrained, after the wrongful taking or removal, comes to the possession of the owner by his wrongful procurement, he shall in like manner be liable to the person aggrieved.
Kentucky Revised Statute § 383.020 governs the use of distress warrants and attachments as tools for collecting unpaid rent. Under this provision, such legal actions can reach a tenant's personal property found anywhere in the state, but the personal property of an assignee or subtenant is only reachable if it is located on the leased premises. The statute also establishes significant financial consequences for misuse: a landlord who wrongfully seizes property for rent that is not actually owed may face double damages, and anyone who unlawfully removes property that has been legally distrained or attached may be liable for triple damages plus costs.
Plain English — not legal advice.
Landlords and property managers operating under Ky. Rev. Stat. § 383.020 should understand that distress and attachment remedies are tightly regulated and carry serious financial exposure if misused. A compliant operator ensures that any distress warrant or attachment is pursued only when rent is genuinely due and that the legal process is initiated with documented good cause before any property is seized. Because wrongful distraint or attachment can result in double damages, and wrongful removal of distrained property can trigger treble damages, operators typically work with legal counsel to verify the factual and procedural basis before initiating these remedies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ky. Rev. Stat. § 383.020 provides meaningful protections for tenants whose property is targeted by a distress warrant or attachment. If a landlord seizes property for rent that was not actually owed, or pursues an attachment without good cause, the tenant as property owner may be entitled to recover double damages through a civil action against the party who initiated the warrant. Tenants who believe their property has been wrongfully seized or that distrained property has been unlawfully removed may wish to consult a tenant-rights organization or legal aid provider to understand the remedies available under this statute.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 19, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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