Kentucky Notice to Owner, Agent, or Lessee
KRS 376.010 requires a claimant without a direct contract to notify the owner, the owner's authorized agent or the lessee in writing of the intention to hold the property liable and the amount claimed. Attorney review available.
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Introduction
Two facts on a commercial building, three on an owner-occupied house, and that is the whole of what Kentucky prescribes for the written notice KRS 376.010 makes a condition of a subcontractor's or supplier's lien. On other property, subsection (4)(a) wants your intention to hold the property liable and the amount for which you will claim a lien. On an owner-occupied single or double family dwelling, subsection (5)(a) wants those two plus a third, the delivery of the material or performance of the labor. Kentucky prints no form and no paragraph of prescribed wording for either version, which is unusual, so plain sentences carrying the required facts are what the statute actually asks for. The rest of the Kentucky rules sit on the delivery side. The notice goes to the owner of the property to be held liable, the owner's authorized agent, or on the non-residential track the lessee if applicable, and to nobody else: no construction lender, no general contractor, no surety. It must be in writing, and the statute then supplies its own sufficiency test, that proof the notice was mailed to the owner's last known address is enough, which means Kentucky asks for no certified mail and no signed receipt but leaves you to build the mailing record yourself. Two definitions decide whether your letter lands on the right person. A lessee is not the owner's authorized agent unless the owner designated the lessee in writing for the contract, and on the residential track the contractor or subcontractor cannot be the authorized agent at all. Anyone who did contract directly with the owner, the owner's agent or the lessee is outside the requirement altogether. DocDraft builds your Kentucky notice from your facts, with attorney review available before you send it.
Key Things to Know
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What Kentucky's statute book heads Notice to owner, agent, or lessee is a short written statement that you intend to hold the property liable and the amount you will claim. Under KRS 376.010(4) a person who has not contracted directly with the owner, the owner's agent or the lessee does not acquire a lien without having sent it.
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The required contents differ by property type, and this is the part most Kentucky templates get wrong. Subsection (4)(a) requires two facts, the intention to hold the property liable and the amount claimed. Subsection (5)(a) requires three on an owner-occupied single or double family dwelling, adding the delivery of the material or performance of labor.
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Kentucky prescribes no wording and publishes no form number for this notice. KRS 376.010 sets out the facts and the recipients and leaves the drafting to you, so the test is whether the letter carries the statutory items in writing, not whether it matches a state paragraph.
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The recipient list is short and property-dependent. Subsection (4)(a) allows the owner of the property to be held liable, the owner's authorized agent, or the lessee if applicable. Subsection (5)(a) drops the lessee and allows only the owner or the owner's authorized agent. No construction lender or general contractor is a named recipient.
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Two agent traps. Subsection (1)(b) says a lessee is not deemed the owner's authorized agent unless the owner designated the lessee in writing as its agent for entering the contract, and subsection (5)(e) says the contractor or subcontractor cannot be the authorized agent on the residential track. Serving the wrong person is the same as not serving.
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Service is light and proof is one-sided. The notice must be in writing, and the statute says it shall be sufficient to prove that the notice was mailed to the last known address of the owner, or to the owner's duly authorized agent, which on the non-residential track must be an agent within the county where the property sits. Nothing has to come back signed.
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Kentucky's window runs backward from the end of your work, not forward from the start. Both subsections count from the date the last item of material or labor is furnished: 75 days on an owner-occupied dwelling whatever the claim is worth, and on other property 75 days where the claim amounts to less than $1,000 or 120 days where it exceeds $1,000.
Key decisions before you file
Before you file a Preliminary Notice in Kentucky, a few decisions shape the document: which option to choose and what each one means. The Preliminary Notice guide walks through them.
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Kentucky Requirements for Preliminary Notice
Two Required Facts on Other Property, Three on a Home
Subsection (4)(a) requires the writing to state the claimant's intention to hold the property liable and the amount for which the claimant will claim a lien. On an owner-occupied single or double family dwelling, subsection (5)(a) adds a third item: the delivery of the material or performance of labor. Kentucky prescribes no wording and publishes no form number, so the test is whether the writing carries the statutory items.
The Owner, the Owner's Authorized Agent, or the Lessee
Subsection (4)(a) allows the owner of the property to be held liable, the owner's authorized agent, or the lessee if applicable. Subsection (5)(a) drops the lessee and allows only the owner or the owner's authorized agent. No construction lender, general contractor or surety is a named recipient of this notice in Kentucky.
Only Claimants Without a Direct Contract Must Send It
Both subsections apply to a person who has not contracted directly with the owner, the owner's agent, or the lessee, if applicable. Subcontractors, sub-subcontractors, suppliers and equipment lessors hired below the owner are inside the duty. A claimant with a direct contract with the owner is outside it and needs no notice to acquire its lien.
Counted From the Last Item of Material or Labor Furnished
Kentucky counts from the end of the claimant's work, not the start. On an owner-occupied single or double family dwelling the notice must go not more than 75 days after the last item of material or labor is furnished, whatever the claim is worth. On other property it is 75 days on claims amounting to less than $1,000 and 120 days on claims in excess of $1,000, measured against the claim rather than the contract.
Writing, and Proof of Mailing Is Sufficient
The notice must be in writing. The statute then provides that it shall be sufficient to prove that the notice was mailed to the last known address of the owner of the property upon which the lien is claimed, or to the owner's duly authorized agent, which on the subsection (4) track must be an agent within the county where the property is located. No certified or registered mail, no return receipt and no personal service is called for, so the claimant's own mailing record is the evidence.
The Owner-Occupied Dwelling Notice Replaces the Other One
Subsection (5)(c) states that the notice under subsection (5) is in lieu of the notice provided for in subsection (4). Subsection (5)(a) covers an owner-occupied single or double family dwelling, its appurtenances or additions, and other improvements for agricultural or personal use on that or contiguous land held by the same owner, and subsection (5)(f) confirms it applies to single or double family homes built under a construction contract with the owner and intended as the owner's dwelling.
What the Owner-Occupant Paid Before Receipt Is Beyond Reach
Subsection (5)(d) provides that the lien is not applicable to the extent an owner-occupant of a single or double family dwelling, or an owner of the other property that subsection describes, has, prior to receipt of the notice, paid the contractor, subcontractor, architect or authorized agent for work performed or materials furnished before that payment. The cut-off is the date of receipt rather than the deadline, so sending early protects more of the claim.
Two Agent Traps: The Written Lessee Designation and the Contractor Bar
Subsection (1)(b) provides that where improvements are made under a contract with a lessee, the lessee is not deemed the authorized agent of the owner unless the owner designated the lessee in writing as its agent for entering the contract. Subsection (5)(e) provides that the contractor or subcontractor cannot be the authorized agent on the residential track. Separately, subsection (3)(b) obliges a lessee whose lease exempts the lessor's interest to tell the contractor about that clause, and a knowing or willing failure makes the contract voidable at the contractor's option.