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KentuckyHB 102025 Regular SessionHouseWALLET

AN ACT relating to the rights of real property owners.

Sponsored By: Marianne Proctor (Republican)

Signed by Governor

Corrections ImpactLocal MandateCrimes and PunishmentsLandlord and TenantPeace Officers and Law EnforcementPolice, StatePropertyReal EstateCivil Actions

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Wrongfully removed occupants gain court remedies

People harmed by wrongful removal under the new process can sue the petitioner within 60 days after removal. They must file in the District Court of the county where the property is located. Those who win are entitled to court costs and reasonable lawyer fees, plus other appropriate relief. The court can also restore them to possession.

Owners gain faster removals with fees

Kentucky property owners or authorized agents can file a verified petition asking police to remove unlawful occupants. This excludes current or former tenants, anyone who ever had an occupancy agreement, and the owner's immediate family. Rental agreements can be written or oral. The property must not have been open to the public when the person entered. The owner must have directed them to leave, with no property lawsuit pending between the owner and a known occupant. Officers verify the petition and identity; agents must also document their authority. Officers must then serve an immediate-vacate notice by hand or posting and restore the owner's possession without unnecessary delay. Sheriffs or constables may charge $20 per notice. At the owner's request, officers can stay while locks are changed and belongings are moved near the property line. Officers acting in good faith have civil and criminal immunity for the removal procedure. Owners and agents acting in good faith have immunity for belongings lost, damaged, or destroyed during this process, unless removal was wrongful. Kentucky State Police must post a petition form online, but owners need not use that form. Owners keep their existing civil remedies, including claims for property damage.

Squatters face property damage criminal charges

The law expressly makes a squatter's intentional or reckless property damage criminal mischief. Squatters lack permission to occupy and are not current or former tenants, prior occupancy-agreement holders, or the owner's immediate family. Damage causing at least $500 in loss is first-degree criminal mischief, normally a Class D felony. During a declared disaster emergency in the affected area, it becomes a Class C felony. Repair, replacement, full repayment, or at least 60 hours of community service reduces a first offense to a Class B misdemeanor. For repeat offenses, those same steps reduce it to a Class A misdemeanor, with at least 60 community-service hours required. Damage causing less than $500 in loss, including damage by tenants or squatters, is second-degree criminal mischief. It is normally a Class A misdemeanor, elevated to a Class D felony during a declared emergency. Before trial, repair, replacement, full repayment, or at least 15 community-service hours reduces it to a Class B misdemeanor. Courts set those service hours based on the dollar damage.

Sponsors & Cosponsors

Sponsor

  • Marianne Proctor

    Republican • House

Cosponsors

  • Al Gentry

    Democrat • House

  • Beverly Chester-Burton

    Democrat • House

  • Chris Lewis

    Republican • House

  • Candy Massaroni

    Republican • House

  • David Meade

    Republican • House

  • Emily Callaway

    Republican • House

  • John Hodgson

    Republican • House

  • Kim Banta

    Republican • House

  • Kimberly Poore Moser

    Republican • House

  • Nancy Tate

    Republican • House

  • Steve Bratcher

    Republican • House

  • Stephanie Dietz

    Republican • House

  • T.J. Roberts

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 130 • No: 5

Senate vote • 3/13/2025

3rd reading, passed

Yes: 37 • No: 0

House vote • 3/4/2025

3rd reading, passed

Yes: 93 • No: 5

Actions Timeline

  1. signed by Governor (Acts Ch. 63)

    3/24/2025

  2. delivered to Governor

    3/14/2025

  3. enrolled, signed by President of the Senate

    3/14/2025House

  4. enrolled, signed by Speaker of the House

    3/14/2025House

  5. received in House

    3/14/2025House

  6. 3rd reading, passed 37-0

    3/13/2025Senate

  7. posted for passage in the Regular Orders of the Day for Thursday, March 13, 2025

    3/13/2025Senate

  8. reported favorably, to Rules

    3/12/2025Senate

  9. returned to Judiciary (S)

    3/11/2025Senate

  10. 2nd reading

    3/11/2025Senate

  11. taken from Judiciary (S)

    3/11/2025Senate

  12. returned to Judiciary (S)

    3/7/2025Senate

  13. 1st reading

    3/7/2025Senate

  14. taken from Judiciary (S)

    3/7/2025Senate

  15. to Judiciary (S)

    3/7/2025Senate

  16. to Committee on Committees (S)

    3/5/2025Senate

  17. received in Senate

    3/5/2025Senate

  18. 3rd reading, passed 93-5

    3/4/2025House

  19. posted for passage in the Regular Orders of the Day for Friday, February 28, 2025

    2/27/2025House

  20. reported favorably, 2nd reading, to Rules

    2/26/2025House

  21. returned to Judiciary (H)

    2/25/2025House

  22. 1st reading

    2/25/2025House

  23. taken from Judiciary (H)

    2/25/2025House

  24. to Judiciary (H)

    2/21/2025House

  25. to Committee on Committees (H)

    2/19/2025House

Bill Text

  • Current

    3/4/2025

    PDF

  • Introduced

    3/4/2025

    PDF

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