Kentucky landlord guide — courthouse info, local rules & HB128 eviction procedures for Hardinsburg, Cloverport, Irvington & Breckinridge County
📍 County Seat: Hardinsburg 👥 Pop. 20,432 (2020) ⚖️ District Civil: Tuesdays 1:00 PM • File 5 days prior 🏖️ Rough River Lake 🛣️ Lincoln Family Passed Through (1816) 🕯️ Coal Oil Lit Buckingham Palace
Breckinridge County was formed on December 13, 1799, from a portion of Hardin County — the 39th county in Kentucky — and named for John Breckinridge (1760–1806), a Kentucky Attorney General, state legislator, U.S. Senator, and U.S. Attorney General under President Thomas Jefferson, who called him the undisputed leader of the old Democratic party. The county seat, Hardinsburg, was established in 1800 and named for the pioneering Hardin family. Situated on the Ohio River in western Kentucky, Breckinridge County covers 586 square miles and has three incorporated cities: Hardinsburg (county seat), Irvington, and Cloverport (Ohio River). In 1816, the Lincoln family — seven-year-old Abraham Lincoln, his father Thomas, and their family — passed through Breckinridge County on their journey from Kentucky to Indiana, crossing the Ohio River at Cloverport by log ferry. The county’s 2020 census population was 20,432.
The Breckinridge County rental market reflects a western Kentucky agricultural and small-city economy supplemented by Rough River Lake tourism, manufacturing, and Ohio River commerce. Rough River Dam State Resort Park, anchoring a 4,860-acre lake, is a significant outdoor recreation asset that drives seasonal and short-term rental demand in the lake corridor. Agriculture — grain, tobacco, livestock — remains foundational. Two courthouse fires — in 1864 and 1958 — destroyed portions of the county’s early records. All evictions in Breckinridge County are Forcible Detainer actions filed in District Court at the Breckinridge County Justice Center in Hardinsburg. Kentucky’s HB128 (2023) governs all residential leases made on or after its effective date.
🕯️ Coal Oil Lit Buckingham Palace — In the 19th century, the Victoria Coal Mines near Cloverport were among the first in the world to produce coal oil; Cloverport exported it to Great Britain, where it was used to light Buckingham Palace — one of the most unusual export achievements in Kentucky history |
🛣️ The Lincoln Family’s Journey (1816) — In 1816, seven-year-old Abraham Lincoln and his family traveled through Breckinridge County on their way from Kentucky to Indiana; they stopped in Hardinsburg, where local families provided food and lodging, and crossed the Ohio River at Cloverport on a log ferry |
⚖️ Justice Wiley Rutledge (1894–1949) — U.S. Supreme Court Associate Justice Wiley Blount Rutledge Jr. was born at Tar Springs in Breckinridge County in 1894; he served on the High Court from 1943 until his death in 1949 and was known for his vigorous defense of civil liberties |
🏖️ Rough River Lake — Rough River Dam State Resort Park anchors a 4,860-acre lake that is one of the premier outdoor recreation destinations in western Kentucky; the lake drives seasonal rental and short-term lodging demand in the lake corridor
📊 Quick Stats
County Seat
Hardinsburg (~2,385 in 2020)
Other Cities
Irvington, Cloverport (Ohio River), McDaniels, Harned, Garfield
Population
20,432 (2020 census)
Region
Pennyrile Region — Lincoln Trail Area Development District
Major Employers
Breckinridge County Schools, agriculture (grain, tobacco, livestock), Rough River Lake tourism, Ohio River commerce, manufacturing, county government
Eviction Court
District Court — Breckinridge County Justice Center
Circuit Court Clerk
Cindy Rhodes — (270) 756-2239
Justice Center Address
111 W. 2nd Street (P.O. Box 111), Hardinsburg, KY 40143
Civil Hearing Schedule
Tuesdays at 1:00 PM • Must file 5 business days prior
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
Civil Hearing Days
Tuesdays at 1:00 PM • File 5 business days prior
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)
Breckinridge County Local Rules & Landlord Procedures
Topic
Rule / Notes
Filing Evictions — Where & Who
All evictions (Forcible Detainer actions) in Breckinridge County are filed in District Court at the Breckinridge County Justice Center, 111 W. 2nd Street (P.O. Box 111), Hardinsburg, KY 40143. Circuit Court Clerk: Cindy Rhodes — Phone: (270) 756-2239 — Fax: (270) 756-1129. District Court Civil (including evictions) is heard on Tuesdays at 1:00 PM. Critical filing deadline: per local court rule, matters must be filed at least 5 business days before the scheduled hearing. A matter to be heard on Tuesday must be filed by the preceding Tuesday. Plan your notice expiration and filing dates accordingly.
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. 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.
Rough River Lake — Vacation Rental Note
Rough River Dam State Resort Park and the surrounding lake corridor attract seasonal and vacation rental activity. HB128 expressly exempts true vacation rentals (under 30 consecutive days, vacation-purpose-only, tenant has a primary residence elsewhere, unit is furnished) from the Act. If your lake property qualifies as a vacation rental, HB128 does not apply. If tenants occupy the unit as their primary residence even seasonally, HB128 applies fully. Confirm your arrangement with a Kentucky attorney if uncertain.
Agricultural Workforce
Agriculture is the county’s economic foundation. For farm workers or self-employed farmers with seasonal or variable income, use two years of tax returns and bank statements to verify annual income averaged monthly. Apply your income ratio to the annualized monthly figure. For applicants with insufficient off-peak income, a security deposit at the 2x cap or a qualified co-signer provides appropriate protection. Apply criteria consistently to all applicants.
Courthouse Fires — Title Research Note
Courthouse fires in 1864 and 1958 destroyed portions of the county records. Most records were saved in 1864; the 1958 fire caused additional losses. For title research on older properties, local title attorneys are familiar with working around these gaps using alternative sources.
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.
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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Breckinridge County market: Justice Center, 111 W. 2nd St., Hardinsburg. Circuit Court Clerk Cindy Rhodes, (270) 756-2239. File 5 business days before Tuesday 1:00 PM civil hearing. Rough River Lake vacation rental HB128 exemption may apply. Agricultural income — use tax returns for seasonal verification. No rent control anywhere in Kentucky.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
Coal Oil for Buckingham Palace and HB128 for Your Rentals: Breckinridge County Kentucky Landlord Law
In the mid-19th century, the Victoria Coal Mines near Cloverport in what is now Breckinridge County became among the first in the world to produce coal oil commercially, and Cloverport exported it across the Atlantic to Great Britain, where it was used to light Buckingham Palace. That is perhaps the most improbable international trade relationship in Kentucky history, and it was achieved by a small Ohio River town of a few hundred people. The Lincoln family passed through here in 1816 — seven-year-old Abraham and his parents, stopped in Hardinsburg by local families who provided food and shelter before they continued to Cloverport and crossed the river to Indiana on a log ferry. U.S. Supreme Court Justice Wiley Rutledge was born at Tar Springs in 1894. The county archives, established in the Hardinsburg courthouse basement, became the first state-funded county archives in the United States. For landlords managing property here in 2026, the legal framework is Kentucky’s HB128 and the practical rules are specific to the Breckinridge County court calendar.
The 5-Business-Day Filing Rule
Breckinridge County’s court has a local scheduling rule that every landlord filing an eviction needs to know: no matter will be docketed within five business days of the scheduled hearing without leave of court. In practice, this means that if you want your eviction case heard on a given Tuesday (when District Court Civil is scheduled at 1:00 PM), you must file your Forcible Detainer complaint at the Justice Center by the preceding Tuesday — five business days earlier. Missing that window means waiting another week for the next available hearing date. Work backward from a Tuesday hearing date when planning your notice expiration and filing schedule.
Evictions in Breckinridge County are filed at the Breckinridge County Justice Center, 111 W. 2nd Street (P.O. Box 111), Hardinsburg, KY 40143. Circuit Court Clerk Cindy Rhodes handles filings at (270) 756-2239. The 14-day written notice to pay or vacate must fully expire before you file — do not try to compress the timeline. Serve notices properly, document delivery, and plan your filing date to comply with both the HB128 notice period and the 5-business-day court filing rule.
Rough River Lake and the Vacation Rental Question
Rough River Dam State Resort Park anchors a 4,860-acre lake that is one of western Kentucky’s most popular outdoor recreation destinations. Boating, fishing, camping, and cabin rentals draw visitors throughout the spring, summer, and fall. Landlords operating rental properties in the lake corridor should be clear on whether their arrangement constitutes a vacation rental or a residential lease. HB128 explicitly exempts vacation rentals — defined as under 30 consecutive days, vacation-purpose-only occupancy, tenant has a primary residence elsewhere, and the unit is furnished — from the Act’s requirements. A genuinely seasonal cabin rented to lakefront visitors falls outside HB128. A year-round or primary-residence arrangement in the same area falls squarely inside it. If your arrangement is ambiguous, consult a Kentucky attorney before deciding which framework applies.
HB128 in a Western Kentucky Agricultural County
Breckinridge County’s core economy is agricultural — grain, tobacco, livestock, and the farm supply and processing businesses that support them. Farm workers and self-employed farmers may have seasonal income structures that don’t fit neatly into a standard pay-stub verification model. For those applicants, request two years of tax returns and bank statements showing monthly deposit patterns. Calculate the annual income from the tax returns, divide by 12 to get a monthly average, and apply your income ratio to that figure. Apply criteria consistently to all applicants.
HB128’s nonwaivable habitability duty applies to every residential lease in the county. The 13-category standard — covering locks, pests, radon, lead, mold, heating, electrical, weatherproofing, and more — cannot be contracted away. Respond to written tenant maintenance notices within 14 days (5 days for essential services) or the tenant’s remedies attach. Security deposits must be returned within 30 days of move-out with an itemized statement; the $250 or 2x penalty for noncompliance applies here the same as everywhere in the state. There are no exceptions based on county size, market conditions, or the landlord’s other obligations. Build the 30-day deadline into your move-out process as a non-negotiable.
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.
