Kentucky landlord guide — courthouse info, local rules & HB128 eviction procedures for Jackson & Breathitt County
📍 County Seat: Jackson 👥 Pop. 13,718 (2020) ⚖️ Breathitt County Justice Center — Jackson 🎵 Birthplace of Sturgill Simpson 🦌 Elk & Wild Horses at Southfork ⛏️ Eastern Coal Field — Economy in Transition
Breathitt County (pronounced “BREH-thit”) was created on April 1, 1839, from portions of Clay, Estill, and Perry counties — the 89th county formed in Kentucky — and named for Governor John Breathitt (1832–1834), who died in office. The county seat, Jackson, was originally called Breathitt Town when the county was established; it was renamed in 1845 to honor President Andrew Jackson, who had died that year. Situated in the foothills of the Appalachian Mountains in the Eastern Coal Field region, Breathitt County covers 494 square miles of rugged terrain drained by the North and Middle Forks of the Kentucky River and their tributaries. The 2020 census counted 13,718 residents, down from a peak that reflected the coal industry’s dominance in the county’s economic history. Jackson is notable in that the county school system, city independent school, and community college are all located within city limits, supporting a vision of the city as an “educational village.”
The Breathitt County rental market is small, rural, and shaped by the ongoing transition away from a coal-dependent economy. Healthcare, education, government employment, and timber remain significant sectors. The county is home to Lees College Campus of Hazard Community and Technical College, Kentucky Mountain Bible College in Vancleve, and the University of Kentucky Robinson Station research facility at Quicksand. The Southfork area is gaining attention as an outdoor recreation destination for elk and wild horse viewing. All evictions in Breathitt County are Forcible Detainer actions filed in District Court at the Breathitt County Justice Center in Jackson. Kentucky’s HB128 (2023) governs all residential leases made on or after its effective date.
🎵 Birthplace of Sturgill Simpson — Grammy-winning country and rock artist Sturgill Simpson was born in Jackson and spent much of his childhood in Breathitt County; his music draws deeply from Appalachian roots and has earned him a devoted national following |
🩸 “Bloody Breathitt” — The Feud Era — In the late 19th and early 20th centuries, Breathitt County gained a national reputation for violent political feuds; the 1903 assassination of U.S. Commissioner James B. Marcum on the courthouse steps in Jackson prompted national press coverage and twice required Kentucky State Police to restore order |
🦌 Elk & Wild Horses at Southfork — The Southfork community in Breathitt County is one of the best accessible locations in eastern Kentucky to view the thriving elk herd that was reintroduced to the region in the 1990s, as well as free-roaming wild horses; a growing outdoor recreation draw |
🌿 UK Robinson Station — Agriculture Research — The University of Kentucky’s Robinson Forest and Robinson Station at Quicksand represent a significant research presence in the county, advancing forest management and agricultural science in a region where sustainable land use is increasingly important
📊 Quick Stats
County Seat
Jackson (county seat & principal city)
Other Communities
Vancleve, Quicksand, Booneville Rd., Canoe, Clayhole, Lost Creek, Rousseau, Southfork
Population
13,718 (2020 census)
Region
Eastern Coal Field — Appalachian foothills; Kentucky River Area Development District
Major Employers
Breathitt County Family Health Center, Breathitt & Jackson schools, Lees College (HCTC), county government, coal & timber (declining), UK Robinson Station, outdoor recreation (emerging)
Eviction Court
District Court — Breathitt County Justice Center
Circuit Court Clerk
James E. Turner II — (606) 666-5768
Justice Center Address
1131 Main Street, Jackson, KY 41339
Rent Control
None — Kentucky preempts local rent control
Governing Law
KRS Chapter 383 / HB128 (2023) for leases on or after effective date
⚡ Eviction At-a-Glance
Nonpayment Notice
14-Day Notice to Pay or Vacate
Lease Violation
14-Day Notice to Cure; termination no sooner than 30 days
Month-to-Month Term.
1 Month’s Written Notice
Week-to-Week Term.
5-Day Written Notice
Eviction Filing
Forcible Detainer — District Court
Eviction Timeline
3–6 weeks typical after notice period
Security Deposit Cap
2× monthly rent (plus 1st month’s rent & fees)
Deposit Return
30 days with itemized deductions
Deposit Penalty
$250 or 2× amount withheld, whichever greater
Habitability Duty
Nonwaivable (KRS 383.595 / HB128)
Statute
KRS Chapter 383 — HB128 (2023 Session)
Breathitt County Local Rules & Landlord Procedures
Topic
Rule / Notes
Filing Evictions — Where & Who
All evictions (Forcible Detainer actions) in Breathitt County are filed in District Court at the Breathitt County Justice Center, 1131 Main Street, Jackson, KY 41339. Circuit Court Clerk: James E. Turner II — Phone: (606) 666-5768. Payment restrictions: cash, check, or money order accepted; attorney checks accepted for new case filings; cash required from out-of-county residents for fines and costs; ePay available online. Designated disability parking in lot; ramp access available.
Nonpayment of Rent — Notice
Under HB128 (KRS 383.660), serve the tenant a 14-day written notice to pay or vacate stating the specific termination date. Retain dated, verifiable proof of service. If the tenant pays in full within 14 days, the lease continues and no eviction may be filed. This doubled the prior 7-day requirement.
Lease Violation — Notice & Cure
For non-rent violations, serve a 14-day written notice to cure or quit specifying the exact breach. If remedied within 14 days, the lease continues. If not, the lease terminates on a date no sooner than 30 days from original notice. Repeat violations within 6 months, imminent health/safety threats, or criminal acts may allow faster termination — consult a Kentucky attorney.
Month-to-Month Termination
One full month’s written notice required to terminate a month-to-month tenancy (KRS 383.695). Week-to-week: at least 5 days’ written notice. All notices must be signed and properly served. No cause required to terminate a periodic tenancy with proper notice.
Security Deposit
Capped at 2× monthly rent (not including first month’s rent or fees). Additional pet or alteration deposits allowed. Must be held in a dedicated, separately titled bank account — never commingled with personal or business funds. Return within 30 days with itemized written deductions. Penalty: $250 or 2× the withheld amount, whichever is greater, plus the amount owed (KRS Sections 56–59).
Habitability — Nonwaivable Duty
HB128 imposes a nonwaivable habitability duty across 13 categories: building code compliance, weatherproofing, plumbing, water supply, heating and ventilation, electrical systems, pest and hazardous substance control (radon, lead, asbestos, mold), clean common areas, trash receptacles, floors/walls/windows in good repair, landlord-supplied appliances, exterior door and window locks, and required safety equipment. No lease provision waives this. In Appalachian housing stock, radon testing and older structural issues are particularly relevant. Tenants have repair-and-deduct rights (up to one month’s rent per repair) after proper notice and failed cure.
Landlord Entry — Notice
Standard entry: 24 hours’ advance notice, reasonable time. Routine maintenance or pest control: 72 hours’ notice or a fixed schedule given at least 72 hours before the first entry. Emergency: reasonable notice under circumstances. Leave a conspicuous written notice of fact, date, time, and reason if entering while tenant is absent without prior notice.
Coal Economy Transition & Income Verification
Breathitt County has experienced significant economic disruption as coal employment contracted over the past two decades. The rental market reflects this: some applicants receive SSDI, black lung benefits, or other disability income rather than traditional wages. These income sources are real and verifiable — request the most recent two months of benefit statements. For applicants with mixed income (partial wages plus benefits), calculate the total monthly cash income and apply your income ratio to that figure. Do not categorically discount benefit income relative to wage income; apply your documented criteria consistently to all applicants. Inconsistent treatment creates Fair Housing exposure.
Healthcare & Education Workforce
Breathitt County Family Health Center, the county and city school districts, and the Lees College campus represent the most stable employment base in the county. Healthcare workers (nurses, medical assistants, community health workers) and teachers typically have verifiable income and are strong candidates for long-term tenancies. Verify income with recent pay stubs and apply your criteria consistently.
Rent Control
None. Kentucky does not permit local rent control. Landlords may raise rent freely at lease renewal. One month’s written notice required before any increase on a month-to-month tenancy takes effect.
Self-Help Eviction
Expressly prohibited (KRS 383.690). Lockouts, utility shutoffs, or removal of tenant belongings expose the landlord to 3× periodic rent or 3× actual damages, whichever is greater. File a Forcible Detainer in District Court at the Justice Center.
Abandoned Personal Property
Post notice at the unit and mail to last known or forwarding address. Tenant has 8 days to contact and 5 days to retrieve after contact. Landlord may charge storage costs. Unclaimed property may be sold or disposed of. Perishables, hazardous materials, and animals may be disposed of immediately (KRS Section 44).
Kentucky URLTA applies ONLY in specific adopting counties (including Jefferson/Louisville, Fayette/Lexington, and ~20 others). Non-URLTA counties use common law forcible detainer (KRS §383.200-383.285), which may have different procedures. The 7-day nonpayment notice under §383.660(2) requires payment of the FULL amount owed - accepting partial payment may restart the notice period. Tenant can cure by paying within the 7-day period. If the same nonpayment recurs within 6 months, landlord can issue 14-day unconditional quit. Late fees: no statutory cap, but Hemlane and others report 10% industry standard. Security deposit max: 1 month per KRS §383.580(1).
Serve the required notice based on the eviction reason (nonpayment or lease violation).
Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
File an eviction case with the District Court. Pay the filing fee (~$75).
Tenant is served with a summons and has the opportunity to respond.
Attend the court hearing and present your case.
If you prevail, obtain a writ of possession from the court.
Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Kentucky eviction laws and does not constitute legal advice.
Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections.
For specific legal guidance, consult a qualified Kentucky attorney or local legal aid organization.
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⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
Underground Landlord
🏘️ Communities & Screening Tips
Key communities: Jackson (county seat & main city), Vancleve, Quicksand, Lost Creek, Rousseau, Canoe, Southfork.
Breathitt County market: Justice Center, 1131 Main St., Jackson. Circuit Court Clerk James E. Turner II, (606) 666-5768. Payment note: out-of-county residents must pay fines/costs in cash. Coal economy transition county — verify benefit income (SSDI, black lung) with benefit statements. Healthcare and education stable employers. No rent control anywhere in Kentucky.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
From “Bloody Breathitt” to HB128: A Jackson Landlord’s Guide to Breathitt County Kentucky Rental Law
Breathitt County has never been a place that blended into the background. In the late 19th and early 20th centuries, the national press called it “Bloody Breathitt” for the violent political feuds that periodically required state intervention — including the 1903 assassination of U.S. Commissioner James B. Marcum on the courthouse steps in Jackson, an event that made national headlines. Grammy-winning country and rock artist Sturgill Simpson was born in Jackson and carries the county’s Appalachian spirit into arenas around the world. The Southfork area is one of the best places in eastern Kentucky to see the thriving elk herd that was reintroduced to the region in the 1990s. And the North and Middle Forks of the Kentucky River, flowing through 494 square miles of forested Appalachian terrain, give the county a natural character that defies easy summary. Landlords operating here work in one of Kentucky’s most distinctively Appalachian communities, where the rules under HB128 are the same as everywhere in the state and the market context is unlike anywhere else.
The Rental Market in a Coal Economy Transition
Breathitt County’s economy has centered on coal mining and timber for most of its history. The coal industry’s prolonged decline has reshaped the county’s workforce and income landscape materially. This creates a screening context that differs from most Kentucky counties: a significant portion of the applicant pool in Jackson and surrounding communities may receive Social Security Disability Insurance, black lung benefits, veterans disability payments, or other federal transfer income rather than traditional hourly or salaried wages.
These income sources are real, stable, and verifiable — often more predictable month to month than variable-hour wage employment in an industry with layoffs. Request the most recent two months of benefit award letters or payment statements. Apply your income ratio to the verified monthly cash benefit amount. Do not categorically discount benefit income relative to wage income; doing so selectively can create Fair Housing exposure if it has a disparate impact on protected classes. Apply your documented criteria consistently to every applicant and let the numbers speak for themselves.
The most stable rental demand in the county comes from healthcare workers (Breathitt County Family Health Center is the largest single healthcare employer), teachers and staff in the Jackson Independent and Breathitt County school systems, and employees of the Lees College campus. These applicants typically have verifiable wage income and stable employment, and they represent the core of long-term tenancy demand in Jackson.
Filing an Eviction in Breathitt County
Evictions in Breathitt County are Forcible Detainer actions filed in District Court at the Breathitt County Justice Center, 1131 Main Street, Jackson, KY 41339. Circuit Court Clerk James E. Turner II handles filings at (606) 666-5768. Payment rules matter here: the clerk accepts cash, checks, and money orders; attorney checks are accepted for new case filings; out-of-county residents must pay fines and costs in cash. ePay is available online. Designated disability parking is in the lot and ramp access is available.
Under HB128, the nonpayment notice is a 14-day written notice to pay or vacate. For lease violations, a 14-day cure period applies and the termination date cannot be sooner than 30 days from the original notice. Serve all notices in a verifiable manner, document delivery, and file the Forcible Detainer complaint only after the full notice period has expired. In a small community where the court knows its regular filers by name, procedural mistakes are highly visible. Do it right the first time.
HB128 in Appalachian Kentucky
Kentucky’s Uniform Residential Landlord and Tenant Act applies to Breathitt County the same as to any other county. The practical implications are most significant in the habitability category. Breathitt County’s housing stock is predominantly older, reflecting decades of development tied to coal-era prosperity and the valley topography that concentrates housing along creek and river corridors. The nonwaivable 13-category habitability standard includes radon control — particularly relevant given the geology of eastern Kentucky’s coal region — as well as weatherproofing, structural floors and walls, functional locks, and working heating systems. These are not contractable away by any lease clause. If a tenant gives you written notice of a habitability problem, 14 days (5 days for essential services) is your repair window.
Security deposits are capped at two times monthly rent. With Breathitt County rents typically in the $400–$600 range, even a modest deposit wrongfully withheld can generate a $250 or 2x penalty that exceeds the deposit itself. The 30-day return deadline applies regardless of market size, and there is no good-faith exception for slow bookkeeping. Process move-outs promptly, itemize deductions clearly, and return the balance within 30 days. It is a straightforward compliance obligation that costs nothing to get right.
This guide is for general informational purposes only and does not constitute legal advice. HB128 applies to leases made on or after its effective date; prior Kentucky law governs older leases. Consult a licensed Kentucky attorney for guidance specific to your situation. Last updated: March 2026.
⚠️ Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Kentucky’s Uniform Residential Landlord and Tenant Act (HB128) applies to leases made on or after its effective date; prior law governs older leases. Apply all Fair Housing protections consistently. Consult a licensed Kentucky attorney for guidance specific to your situation. Last updated: March 2026.
