Ky. Rev. Stat. ch. 383 § 383.160
Holding over beyond term -- Tenancy created by -- Rights of parties
Operative Text
383.160 Holding over beyond term -- Tenancy created by -- Rights of parties. (1) If, by contract, a term or tenancy for a year or more is to expire on a certain day, the tenant shall abandon the premises on that day, unless by express contract he secures the right to remain longer. If without such contract the tenant shall hold over, he shall not thereby acquire any right to hold or remain on the premises for ninety (90) days after said day, and possession may be recovered without demand or notice if proceedings are instituted within that time. But, if proceedings are not instituted within ninety (90) days after the day of expiration, then none shall be allowed until the expiration of one (1) year from the day the term or tenancy expired. At the end of that year the tenant shall abandon the premises without demand or notice, or stand in the same relation to his landlord that he did at the expiration of the term or tenancy aforesaid; and so from year to year, until he abandons the premises, is turned out of possession, or makes a new contract. (2) If by contract a tenancy for less than a year is to expire on a certain day, the tenant shall abandon the premises on that day unless by express contract he secures the right to remain longer. If without such contract the tenant shall hold over he shall not thereby acquire any right to hold or remain on the premises for thirty (30) days after said day, and the possession may be recovered without demand or notice if proceedings are instituted within that time. But, if proceedings are not instituted within thirty (30) days after the day of expiration, then none shall be allowed until the expiration of sixty (60) days from the day the tenancy expired. At the end of that sixty (60) days the tenant shall abandon the premises without demand or notice, or stand in the same relation to his landlord that he did at the expiration of the tenancy aforesaid; and so on from time to time until he abandons the premises, is turned out of possession, or makes a new contract.
Kentucky Revised Statutes § 383.160 governs what happens when a tenant remains on a property after a lease term ends without a new agreement. For leases of one year or more, the landlord has a 90-day window to begin eviction proceedings without needing to give formal demand or notice; if that window passes, no proceedings may be brought until a full year from the original expiration date has elapsed. For shorter-than-one-year tenancies, the corresponding window is 30 days, after which the landlord must wait 60 days from expiration before pursuing removal. In either case, if neither party acts, the holdover period effectively renews on a rolling basis until the tenant leaves, is removed, or a new lease is signed.
Plain English — not legal advice.
Under Ky. Rev. Stat. § 383.160, operators managing year-long or longer leases generally act promptly if a tenant remains after the lease end date, since the statute provides only a 90-day period during which eviction proceedings can be filed without prior demand or notice. For shorter tenancies, that window shrinks to 30 days. Compliant operators typically track lease expiration dates carefully and, if they intend to reclaim possession, initiate proceedings within the applicable window rather than allowing it to lapse — because missing the deadline resets the timeline significantly and may inadvertently create a renewed tenancy relationship.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ky. Rev. Stat. § 383.160 means that a tenant who remains after a lease expires without a new agreement does not automatically gain a long-term right to stay, but the statute's timing rules can work in a tenant's favor depending on when the landlord acts. If a landlord misses the 90-day window (for year-or-longer leases) or the 30-day window (for shorter leases), the statute bars eviction proceedings for a defined additional period, which may give a tenant time to make alternative arrangements. Tenants who believe a landlord has filed proceedings outside these statutory windows may wish to raise § 383.160 as a potential defense, and consulting a tenant-rights organization or legal aid office can help clarify available options.
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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