Kentucky Statutes 434.225 – Removal, transfer, or abandonment of rented or leased personal property — Attempt to defraud lessor
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(1) As used in this section the following words shall have the following meanings: (a) “Person” means an individual, partnership, association or corporation;
(b) “Address” means the place at which the rented or leased personal property is located;
(c) “Personal property” means household furnishings and appliances.
(2) A person who rents or leases personal property under an agreement to relinquish possession of such property to the lessor at the expiration of the lease or rental period, shall not, prior to the expiration of such period, remove the personal property to any other address and relinquish custody of such property without first giving the lessor at least ten (10) days’ written notice, delivered in person or by certified mail with a return receipt requested.
(3) Removing the personal property, or any part thereof, to a new or different location and relinquishing custody of such property, or permitting another person, not a party to the lease agreement, to take possession of the personal property, or any part thereof, or moving from the address and abandoning the personal property shall constitute prima facie evidence of the lessee’s intention to defraud the lessor.
(4) Any lease under subsection (2) of this section shall recite verbatim subsections (1), (2), (3), and (4) of this section.
(5) Failure of lessor to comply with subsection (4) of this section shall void lessor’s relief herein.
(6) Any person described in subsection (2) of this section who attempts to defraud a lessor of leased personal property shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200), or imprisoned for thirty (30) days, or both.
History: Created 1974 Ky. Acts ch. 160, sec. 1.
(b) “Address” means the place at which the rented or leased personal property is located;
Terms Used In Kentucky Statutes 434.225
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Personal property: All property that is not real property.
(c) “Personal property” means household furnishings and appliances.
(2) A person who rents or leases personal property under an agreement to relinquish possession of such property to the lessor at the expiration of the lease or rental period, shall not, prior to the expiration of such period, remove the personal property to any other address and relinquish custody of such property without first giving the lessor at least ten (10) days’ written notice, delivered in person or by certified mail with a return receipt requested.
(3) Removing the personal property, or any part thereof, to a new or different location and relinquishing custody of such property, or permitting another person, not a party to the lease agreement, to take possession of the personal property, or any part thereof, or moving from the address and abandoning the personal property shall constitute prima facie evidence of the lessee’s intention to defraud the lessor.
(4) Any lease under subsection (2) of this section shall recite verbatim subsections (1), (2), (3), and (4) of this section.
(5) Failure of lessor to comply with subsection (4) of this section shall void lessor’s relief herein.
(6) Any person described in subsection (2) of this section who attempts to defraud a lessor of leased personal property shall be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200), or imprisoned for thirty (30) days, or both.
History: Created 1974 Ky. Acts ch. 160, sec. 1.