Kentucky landlord guide — courthouse info, local rules & HB128 eviction procedures for Winchester, Becknerville, Irvine Road & Clark County
📍 County Seat: Winchester 👥 Pop. 36,972 (2020) • Lexington-Fayette MSA ⚖️ Gov. James Clark Judicial Center — 17 Cleveland Ave. 🧀 Birthplace of Beer Cheese • Annual Beer Cheese Festival 🥤 Ale-8-One Bottled in Winchester Since 1926 🛣️ I-64 • Lexington 25 mi. • Mark Twain’s Mother Born Here
Clark County was created in 1792 from Bourbon and Fayette counties and named for General George Rogers Clark, the Revolutionary War hero who led the Great Northwest Campaign of 1779–1780 and secured the trans-Appalachian frontier. The county seat, Winchester, was established in 1792 and is one of the original Kentucky county seats. Clark County covers 255 square miles in the heart of central Kentucky’s Inner Bluegrass and is part of the Lexington-Fayette, KY Metropolitan Statistical Area. With a 2020 census population of 36,972, the county has grown steadily as a Lexington commuter community. Jane Lampton Clemens — the mother of Samuel Langhorne Clemens (Mark Twain) — was born in Winchester. Lulbegrud Creek, running through the county, takes its name from Lorbrulgrud, the capital of Brobdingnag — the land of giants in Jonathan Swift’s Gulliver’s Travels. Clark County is the birthplace of Beer Cheese, the iconic Kentucky spread developed near Winchester in the 1940s, celebrated annually at the Winchester Beer Cheese Festival. Ale-8-One, the beloved Kentucky ginger ale, has been bottled in Winchester since 1926.
Clark County’s rental market is shaped primarily by its position as a Lexington commuter community. Winchester is approximately 25 miles east of Lexington on I-64, and a significant share of residents commute to Lexington’s healthcare, University of Kentucky, manufacturing, and professional services sectors. The I-64/Mountain Parkway junction near Winchester also connects the county eastward into the Mountain Parkway corridor. Manufacturing employs approximately 25% of the local workforce. All evictions are Forcible Detainer actions filed in District Court at the Governor James Clark Judicial Center in Winchester. Kentucky’s HB128 (2023) governs all residential leases made on or after its effective date.
🧀 Birthplace of Beer Cheese — Beer Cheese — the pungent, spreadable cheddar-beer blend unique to Kentucky — was developed near Winchester in Clark County in the 1940s; the annual Winchester Beer Cheese Festival, held each June, celebrates this local invention and draws visitors from across Kentucky and beyond |
🥤 Ale-8-One — Kentucky’s Own Soft Drink Since 1926 — Ale-8-One, the ginger-citrus soft drink produced exclusively in Winchester and distributed primarily in Kentucky, has been bottled here since 1926; it is one of the last regional sodas in the United States and a point of genuine local pride |
✍️ Mark Twain’s Mother Born in Winchester — Jane Lampton Clemens — the mother of Samuel Langhorne Clemens (Mark Twain) and the model for several characters in his fiction — was born on the corner of Main and Hickman Streets in Winchester; the house stood for many generations |
📚 Lulbegrud Creek — Named for Gulliver’s Travels — Lulbegrud Creek in Clark County takes its unusual name from Lorbrulgrud, the capital of Brobdingnag, the land of giant people in Jonathan Swift’s Gulliver’s Travels (1726) — a toponym that has fascinated local historians for generations
📊 Quick Stats
County Seat
Winchester (~19,134 in 2020)
Other Communities
Becknerville, Plummers Landing, Strode, Boonesborough area (Madison County line)
Population
36,972 (2020 census); est. 38,009 (2025)
MSA
Lexington-Fayette, KY Metropolitan Statistical Area
Distance to Lexington
~25 miles east via I-64
Major Employers
Clark County Schools, manufacturing (~25% of employed workforce), Lexington commuter workforce, Ale-8-One, county government, healthcare, Bluegrass CTC Winchester Campus
Eviction Court
District Court — Governor James Clark Judicial Center
Circuit Court Clerk
Paula Joslin — (859) 737-7264
Judicial Center Address
Governor James Clark Judicial Center, 17 Cleveland Ave. (P.O. Box 687), Winchester, KY 40392
Fax & Access
Fax: (859) 737-7005 • Ramp at side door • Elevators inside • See court security on arrival
Payment
Cash, personal check (Clark County residents), money order; other checks with office approval • ePay online
Parking
2-hr/30-min street parking around town square • City lot: corner of Broadway & Highland (jurors park here)
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)
Clark County Local Rules & Landlord Procedures
Topic
Rule / Notes
Filing Evictions — Where & Who
All evictions (Forcible Detainer actions) in Clark County are filed in District Court at the Governor James Clark Judicial Center, 17 Cleveland Avenue (P.O. Box 687), Winchester, KY 40392. Circuit Court Clerk: Paula Joslin — Phone: (859) 737-7264 — Fax: (859) 737-7005. Payment: cash, personal check (Clark County residents only), money order; out-of-county checks with office approval; ePay online. Building accessible by ramp at the side door (see court security on arrival); elevators and accessible bathrooms inside. Parking: 2-hour and 30-minute spaces around the town square; city lot at the corner of Broadway and Highland.
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. 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.
Security Deposit
Capped at 2× monthly rent (not including first month’s rent or fees). Must be held in a dedicated, separately titled bank account. Return within 30 days with itemized written deductions. Penalty: $250 or 2× the withheld amount, whichever is greater, plus the amount owed. Clark County’s market — with rents from roughly $800 to $1,400 — creates meaningful deposit exposure at the 2x cap; comply with the 30-day deadline without exception.
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. Respond to written maintenance notices within 14 days (5 days for essential services).
Landlord Entry — Notice
Standard entry: 24 hours’ advance notice, reasonable time. Routine maintenance or pest control: 72 hours’ notice or a fixed schedule provided at least 72 hours before the first entry. Emergency: reasonable notice. Leave conspicuous written notice if tenant is absent.
Lexington Commuter Market
Clark County’s most significant rental demand driver is the Lexington commuter market. Winchester is approximately 25 miles east of Lexington on I-64 — about a 25–35 minute commute. Tenants who work at the University of Kentucky, UK HealthCare, Lexington manufacturing (Toyota, IBM), and professional services in Fayette County make up a significant share of Clark County’s renter pool. Verify employment and income with standard documentation. Ohio or Fayette County employer income is fully applicable to Clark County lease qualification. Apply your income ratio consistently.
Manufacturing Workforce
Manufacturing employs approximately 25% of Clark County’s employed labor force. Industrial production workers at Winchester-area plants typically earn consistent hourly wages. Verify income with recent pay stubs (base wage × scheduled hours). Treat overtime as variable supplemental income. Apply your income ratio consistently to all applicants regardless of employer or occupation type.
Out-of-County Checks
The clerk’s office accepts personal checks from Clark County residents only; checks from residents of other counties require office approval. If filing in person and you are not a Clark County resident, bring cash, a money order, or call the clerk’s office in advance. ePay is available online without this restriction.
Rent Control
None. Kentucky does not permit local rent control. Landlords may raise rent freely at lease renewal.
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 at the Governor James Clark Judicial Center.
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.
Clark County market: Governor James Clark Judicial Center, 17 Cleveland Ave., Winchester. Clerk Paula Joslin, (859) 737-7264. Personal checks: Clark County residents only (out-of-county needs approval). Lexington commuter market (~25 mi. east on I-64): standard verification. Manufacturing workforce: verify pay stubs, treat overtime as variable. No rent control.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
Beer Cheese, Ale-8-One, and HB128: Clark County Kentucky Landlord Law
There are two things Clark County, Kentucky created that have become Kentucky institutions and that most of the rest of the world has never heard of. The first is Beer Cheese — the pungent, spreadable cheddar-and-beer concoction developed near Winchester in the 1940s, which has spent the past decade spreading from local restaurant menus to national grocery shelves. The second is Ale-8-One — the ginger-citrus soda that has been bottled exclusively in Winchester since 1926, distributed primarily in Kentucky, and fiercely beloved by those who grew up with it. Clark County was also the birthplace of Jane Lampton Clemens, Mark Twain’s mother — she was born on the corner of Main and Hickman Streets in Winchester. And Lulbegrud Creek, winding through the county’s farmland, was named by early settlers for Lorbrulgrud, the capital of Brobdingnag in Gulliver’s Travels. For landlords in Clark County in 2026, the court is the Governor James Clark Judicial Center and the legal framework is HB128.
Filing at the Governor James Clark Judicial Center
Evictions in Clark County are Forcible Detainer actions filed in District Court at the Governor James Clark Judicial Center, 17 Cleveland Avenue (P.O. Box 687), Winchester, KY 40392. Circuit Court Clerk Paula Joslin handles filings at (859) 737-7264 — fax (859) 737-7005. Payment is accepted by cash, personal check from Clark County residents, and money order; checks from residents of other counties require office approval — if you are not a Clark County resident, bring cash or a money order to be safe, or use ePay online. The building is accessible by ramp at the side door (check in with court security on arrival); there are elevators and accessible bathrooms inside. Parking options include two-hour and 30-minute spaces around the town square, and the city lot at the corner of Broadway and Highland. Your 14-day nonpayment notice must fully expire before you file; the 14-day cure / 30-day termination timeline applies for lease violations.
The Lexington Commuter Market
Clark County’s rental market is dominated by one force: proximity to Lexington. Winchester sits approximately 25 miles east of downtown Lexington on Interstate 64 — a 25-to-35-minute commute that makes Clark County a practical, affordable alternative to Fayette County housing for workers who commute to the University of Kentucky, UK HealthCare, Toyota’s Georgetown plant (just north of Lexington), IBM, and Lexington’s professional services sector. For these applicants, standard income verification applies: recent pay stubs, employer contact information, and your stated income ratio applied consistently. Lexington employer income is fully applicable to a Clark County lease qualification — the fact that the employer is in a different county doesn’t change the analysis.
Manufacturing employs approximately a quarter of Clark County’s employed workforce at Winchester-area plants. For hourly production workers, verify base wage and scheduled hours with recent pay stubs; treat significant overtime as a supplementary income component rather than a baseline. Security deposits in Clark County’s market — where rents typically range from roughly $800 to $1,400 per month — must be returned within 30 days of move-out with an itemized deduction statement. The $250 or 2× penalty for noncompliance applies regardless of market size. Make the 30-day deadline a hard process checkpoint.
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.
