Squatters' Rights in Kentucky
Kentucky rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Police removal by petition (since June 27, 2025). An owner or authorized agent may ask a law enforcement officer to immediately remove people unlawfully occupying real property if: the occupant is not and never was a tenant and never had a written or oral agreement with the owner to… KRS 383.290 (2025 Ky. Acts ch. 63, eff. 6-27-25)
The rules in Kentucky
| Squatters / unauthorized occupants | Police removal by petition (since June 27, 2025). An owner or authorized agent may ask a law enforcement officer to immediately remove people unlawfully occupying real property if: the occupant is not and never was a tenant and never had a written or oral agreement with the owner to occupy; the property was not open to the public when they entered; the owner told them to leave; they are not the owner's immediate family; and no litigation about the property is pending between them. The owner presents a sworn 'Petition to Remove Persons Unlawfully Occupying Real Property' (statutory form, initialed statements, with government ID or proof of agency). After verifying the petitioner's identity, the officer must without unnecessary delay serve a notice to immediately vacate (hand delivery or posting) and put the owner in possession; the officer may arrest for trespass or other cause. Sheriff/constable fee: $20. The officer may stay to keep the peace while the owner changes locks and moves the occupants' belongings to or near the property line. A wrongfully removed person may sue within 60 days for restored possession, costs, and attorney's fees. The procedure cannot be used against current or former tenants. |
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| Belongings left behind | No statute — no Kentucky statute sets a notice/storage/sale procedure for a residential tenant's belongings left after move-out or eviction. KRS 383.670 (URLTA, only where locally adopted) covers re-renting an abandoned unit but not personal property; the forcible detainer sections (KRS 383.200-.285) are silent on belongings. For removed squatters only, owners acting in good faith are immune for loss of belongings moved to the property line (KRS 383.290(5)). |
Related questions
Kentucky vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| Kentucky | Police removal by petition (since June 27, 2025). An owner or authorized agent may ask a law enforcement officer to immediately remove people unlawfully occupying real property if: the occupant is not and never was a tenant and never had a written or oral agreement with the owner to occupy; the property was not open to the public when they entered; the owner told them to leave; they are not the owner's immediate family; and no litigation about the property is pending between them. The owner presents a sworn 'Petition to Remove Persons Unlawfully Occupying Real Property' (statutory form, initialed statements, with government ID or proof of agency). After verifying the petitioner's identity, the officer must without unnecessary delay serve a notice to immediately vacate (hand delivery or posting) and put the owner in possession; the officer may arrest for trespass or other cause. Sheriff/constable fee: $20. The officer may stay to keep the peace while the owner changes locks and moves the occupants' belongings to or near the property line. A wrongfully removed person may sue within 60 days for restored possession, costs, and attorney's fees. The procedure cannot be used against current or former tenants. KRS 383.290 (2025 Ky. Acts ch. 63, eff. 6-27-25) | No statute — no Kentucky statute sets a notice/storage/sale procedure for a residential tenant's belongings left after move-out or eviction. KRS 383.670 (URLTA, only where locally adopted) covers re-renting an abandoned unit but not personal property; the forcible detainer sections (KRS 383.200-.285) are silent on belongings. KRS 383.670; KRS Chapter 383 (section list checked) |
| Illinois | No special affidavit or fast-track removal statute. The owner uses the regular eviction (forcible entry and detainer) case, which covers peaceable entry with possession unlawfully withheld and entry into vacant or unoccupied property without right or title. Since Jan. 1, 2026, the eviction article expressly says it does not stop police from enforcing criminal trespass (720 ILCS 5/21-3) or removing persons or property when there is a criminal trespass. 735 ILCS 5/9-102(a)(2)-(3), (e) (as amended by P.A. 104-29, eff. 1-1-26); 720 ILCS 5/21-3 | No statute — Illinois has no general statewide procedure (notice, storage period, sale) for belongings a residential tenant leaves behind. The eviction article (735 ILCS 5/Art. IX, Part 1) and the Landlord and Tenant Act (765 ILCS 705) contain no such section; the lease and local ordinances (e.g., Chicago) govern. 735 ILCS 5/Art. IX, Part 1; 765 ILCS 705 (checked) |
| Indiana | Expedited police removal (since July 1, 2025). A 'squatter' is someone occupying another's property who does not have, and has never had, a rental agreement, the owner's permission, or another property interest; former tenants and invitees are excluded. The owner signs an affidavit (stating false statements are subject to perjury penalties) and gives it to a law enforcement agency, which must dispatch officers to remove the squatter within 48 hours (later only for public-safety reasons, then as soon as practicable). Officers must remove the person unless they find credible evidence the person has or had a rental agreement/permission or is an invitee; they may also arrest on probable cause. Officers are immune from civil liability. A person removed because the affiant knowingly made a materially false statement may sue the affiant. The owner may still use a possession or emergency possession action instead. IC 32-31-12-1 to -8 (P.L.191-2025) | A landlord is not liable for loss of personal property the tenant abandoned (property is abandoned if a reasonable person would conclude the tenant vacated and surrendered it; a lease cannot define abandonment differently). After winning possession in court, the landlord may ask the court for an order allowing removal of the tenant's property. If the tenant does not remove it by the date in the order, the landlord may move it to a warehouseman or court-approved storage facility after personally serving the tenant at the last known address with notice of the order and the storage location. Exempt property (medically necessary items, tools of trade, a week's seasonal clothing, blankets, items for a child's care and schooling) must be released free on demand. The storer holds a lien for storage and related costs; if not claimed within 45 days after notice, the property may be sold. IC 32-31-4-1 to -5 |
| Missouri | Expedited court process (since 28 Aug 2024). The owner or an authorized agent files a verified petition in the county where the property is. The petition must state, among other things: the property includes a residential dwelling and was not open to the public when the occupants entered; the occupants are not guests, current or former tenants, or immediate family of the owner; the owner told them to leave and they refused; the property has not been leased to anyone for three consecutive months; and no related litigation is pending. On good cause the court must immediately issue an ex parte removal order, with a hearing within 48 hours of filing. The sheriff enforces the order and may stand by while the owner changes the locks and moves the occupants' belongings to or near the property line. Violating the order is a class A misdemeanor. A person removed without just cause may sue for restored possession, actual damages to personal property, $1,000 statutory damages, and court costs. RSMo 534.602, 534.604 (L. 2024 H.B. 2062) | After the tenant abandons the premises, the landlord may remove or dispose of property left behind without liability. The premises count as abandoned only if: (1) the landlord reasonably believes the tenant has moved out and does not intend to return; (2) rent has been due and unpaid for 30 days; (3) the landlord posts a written notice on the premises and mails it to the tenant's last known address by both first-class and certified mail (return receipt requested), using the statutory wording that the landlord may declare the property abandoned and dispose of the tenant's possessions unless the tenant responds in writing within 10 days; and (4) the tenant does not pay rent or respond in writing within 10 days after both the posting and the mailing. No storage period or sale procedure is required by the statute. RSMo 441.065 |
| Ohio | Ohio has no special squatter-removal procedure. The owner files a forcible entry and detainer (eviction) action in court against an occupier who holds the property without color of title. That requires the 3-day notice to leave under § 1923.04. Separately, entering or staying on another's land without privilege is criminal trespass under § 2911.21, a fourth-degree misdemeanor for most violations, which police may enforce. Ohio Rev. Code § 1923.02(A)(5); § 1923.04; § 2911.21 | No statute for ordinary residential tenancies. Ohio Rev. Code chapters 5321 and 1923 set no notice, storage, or sale procedure for a tenant's belongings left in an apartment or house. Detailed rules exist only for manufactured homes, mobile homes, RVs, and personal property in manufactured home parks. Ohio Rev. Code ch. 5321; §§ 1923.12-1923.14 (manufactured home parks only) |
| Tennessee | Since July 1, 2024, an owner or authorized agent may ask the county sheriff to immediately remove an unlawful occupant of a residential dwelling, without a court case, by submitting a verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' (statutory form). Conditions: the property includes a residential dwelling; an unauthorized person entered and remains; the property was not open to the public at entry; the owner told the person to leave; the person is not a current or former tenant under a written or oral rental agreement authorized by the owner and is not an immediate family member (spouse, parent, sibling, child); and no litigation is pending between owner and occupant about the property. The sheriff verifies ownership, serves a notice to immediately vacate (hand delivery or posting on the front door), puts the owner in possession, may arrest for trespass or warrants, and may stand by (hourly fee) while locks are changed and belongings moved to the property line. A wrongfully removed person may sue (expedited hearing) for possession, actual damages, statutory damages of triple the fair market rent, costs and attorney fees. T.C.A. § 29-18-135 (added by 2024 Pub. Ch. 1009, SB 795 / HB 1259) | URLTA counties: 30+ days' unexplained absence without paying rent is prima facie abandonment, and the landlord may re-enter. Alternatively, rent 15 days late plus other signs of permanent move-out (e.g., removal of substantially all belongings or tenant shutting off utilities) is prima facie abandonment, but the landlord must first post a notice at the unit and mail it by regular mail to the unit address stating: the landlord believes the unit is abandoned; will re-enter unless the tenant makes contact within 10 days; will then remove belongings and re-rent; and will dispose of belongings not reclaimed within 30 days - with a phone number and mailing address. If the tenant responds and wants to stay, the landlord must go to court. In either case the landlord must remove and store the belongings for at least 30 days; unclaimed property may then be sold or disposed of, with proceeds applied to rent, damages, storage, sale costs and attorney fees, and any balance held 6 months. T.C.A. 66-28-405 |
| Virginia | No police-removal or affidavit procedure in the Code. An owner must use unlawful detainer: the person entitled to possession files a sworn statement with a magistrate or general district court clerk or judge describing the premises and the facts authorizing removal of the person in possession, and a summons issues. Self-help removal of tenants is not allowed. Va. Code § 8.01-126(B) | After the rental agreement ends and possession is delivered, property left in the unit, premises or landlord storage may be treated as abandoned and disposed of as the landlord sees fit, if the landlord gave one of: (i) a termination notice stating that property left would be disposed of within 24 hours after termination; (ii) a § 55.1-1249 notice (absence/abandonment) stating property would be disposed of within 24 hours after the 7-day notice period; or (iii) a separate written notice stating property would be disposed of 24 hours after a 10-day period. The tenant may retrieve property at reasonable times until disposal. Sale proceeds go first to amounts owed and costs; any remainder is treated as a security deposit. Does not apply after a writ of eviction is executed. Deceased sole tenant: 10 days' written notice to the authorized contact (or the tenant) before disposal. Va. Code § 55.1-1254; § 55.1-1256 |
| West Virginia | Under the 2025 'Stop Squatters Act' (HB 2434), a squatter (a person occupying a dwelling or structure without a lease right or the tenant's or owner's authorization; not a holdover periodic tenant or owner) is not a tenant, squatting is criminal trespass, and courts may not require an eviction. An owner or agent may submit a completed, verified complaint to a law-enforcement officer requesting immediate removal if the property was not open to the public at entry, the owner told the occupant to leave, the occupant is not a current or former owner or lawful tenant or an immediate family member, and no related litigation is pending. After preliminary fact-finding (e.g., reviewing any claimed lease, interviews) shows probable cause, the agency serves a notice to immediately vacate and puts the owner in possession, and may remove occupants who refuse or stand by during removal of belongings; a service fee applies. Squatters who cause damage commit a misdemeanor (under $1,000: up to 1 year/$2,500) or felony (over $1,000). Bad-faith complaints risk prosecution for false swearing; a wrongfully removed person may sue for possession, costs, damages and attorney's fees. W. Va. Code §§ 55-3C-1 to 55-3C-5 | If a tenant behind on rent abandons the unit, the landlord posts a written notice on the property requiring payment within one month; if unpaid, the landlord may take possession. To dispose of belongings, the landlord must post a written notice on the property and send it by first-class mail with a certificate of mailing, marked 'Please Forward', to the unit, any known P.O. box, and any forwarding address. The notice must say the property is considered abandoned, that belongings must be removed by a date at least 30 days after mailing (60 days if the tenant said they are on active military duty), and that unremoved property becomes the landlord's. If the property is worth more than $300 and the tenant or a secured party says they intend to remove it, the landlord must store it up to 30 more days, at their cost for reasonable storage and removal. W. Va. Code § 37-6-6 |
City rules that may add to state law
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- Free legal help in Kentucky
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Squatters' Rights in Kentucky FAQ
How do you remove a squatter in Kentucky?
Police removal by petition (since June 27, 2025). An owner or authorized agent may ask a law enforcement officer to immediately remove people unlawfully occupying real property if: the occupant is not and never was a tenant and never had a written or oral agreement with the owner to occupy; the property was not open to the public when they entered; the owner told them to leave; they are not the owner's immediate family; and no litigation about the property is pending between them. The owner presents a sworn 'Petition to Remove Persons Unlawfully Occupying Real Property' (statutory form, initialed statements, with government ID or proof of agency). After verifying the petitioner's identity, the officer must without unnecessary delay serve a notice to immediately vacate (hand delivery or posting) and put the owner in possession; the officer may arrest for trespass or other cause. Sheriff/constable fee: $20. The officer may stay to keep the peace while the owner changes locks and moves the occupants' belongings to or near the property line. A wrongfully removed person may sue within 60 days for restored possession, costs, and attorney's fees. The procedure cannot be used against current or former tenants. (KRS 383.290 (2025 Ky. Acts ch. 63, eff. 6-27-25))
What can a landlord do with a tenant's abandoned property in Kentucky?
No statute — no Kentucky statute sets a notice/storage/sale procedure for a residential tenant's belongings left after move-out or eviction. KRS 383.670 (URLTA, only where locally adopted) covers re-renting an abandoned unit but not personal property; the forcible detainer sections (KRS 383.200-.285) are silent on belongings. (KRS 383.670; KRS Chapter 383 (section list checked))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.