Kentucky landlord guide — courthouse info, local rules & HB128 eviction procedures for Burkesville, Marrowbone & Cumberland County
📍 County Seat: Burkesville 👥 Pop. 5,888 (2020) • 100% Rural ⚖️ Court: Cumberland County Justice Building — 112 Courthouse Square 🛢️ First U.S. Commercial Oil Well (1829) 👩⚖️ First U.S. County to Elect Female Sheriff ☕ Maxwell House Coffee Founded Here • Dale Hollow Lake
Cumberland County was organized in 1798 as the 32nd county of Kentucky, carved from Green County, and named for the Cumberland River that defines its landscape. The county seat, Burkesville, was named for Isham Burk, a prominent early citizen, incorporated in 1846, and built on a bend of the Cumberland that made it a busy 19th-century river port. Thomas Lincoln — father of Abraham Lincoln — served two terms as constable of Cumberland County from 1802 to 1804 and built the original courthouse; the current Justice Building (completed 2006) stands on the same square. In 1829, while drilling for salt three miles north of Burkesville on Renox Creek, an early settler struck oil — widely regarded as the first commercial oil well in the United States — and bottled it as “American Oil” medicine. Cumberland County was also the first county in the United States to elect a female sheriff, Pearl Carter Pace. Naturalist John Muir, walking to the Gulf in 1867, stopped in Burkesville and wrote that the town was “embosomed in a glorious array of verdant flowering hills.” Joel Owsley Cheek, founder of Maxwell House Coffee, was born here. The 2020 census counted 5,888 residents; the county is 100% rural and covers 311 square miles in the Pennyroyal Plateau.
Cumberland County’s rental market is very small, centered on Burkesville and a handful of rural communities. Major employers include Cumberland County Schools, the county government, healthcare, light manufacturing, timber (Johnny Rich Lumber), retail, and a growing outdoor recreation economy anchored by Dale Hollow Lake (southern tip) and the Cumberland River trout fishery below Wolf Creek Dam. The county became wet in 2016 following a local option election (passing 1,441 to 1,069). Income levels are low — the county’s per capita income and poverty rate both reflect deep rural Appalachian patterns — making thorough, consistent income verification essential. All evictions are Forcible Detainer actions filed in District Court at the Cumberland County Justice Building in Burkesville. Kentucky’s HB128 (2023) governs all residential leases made on or after its effective date.
🛢️ First Commercial Oil Well in the United States (1829) — While drilling for salt on Renox Creek three miles north of Burkesville, an early settler struck oil; it was bottled and sold as “American Oil” medicine in the U.S. and England; a historical marker stands at the site — predating Pennsylvania’s famous Drake Well by 30 years |
👩⚖️ First U.S. County to Elect a Female Sheriff — Cumberland County made American history when Pearl Carter Pace was elected sheriff, making this small Kentucky county the first in the entire United States to elect a woman to that office |
☕ Maxwell House Coffee Born Here — Joel Owsley Cheek was born in Cumberland County; in 1873 he moved to Nashville, developed his own coffee blend, and persuaded the Maxwell House Hotel to serve it — the result became one of the most recognized coffee brands in American history |
🌿 John Muir Praised Burkesville’s Beauty — On his famous thousand-mile walk to the Gulf in 1867, naturalist and “Father of Our National Parks” John Muir stopped in Burkesville and wrote that the town was surrounded by a “glorious array of verdant flowering hills” and that the Cumberland “must be a happy stream”
📊 Quick Stats
County Seat
Burkesville (~1,410 est. 2023)
Other Communities
Marrowbone, Peytonsburg, Kettle
Population
5,888 (2020 census) • 100% rural
Region
Pennyroyal Plateau • South-central KY • TN border
Major Employers
Cumberland County Schools, county government, healthcare & social services, light manufacturing, timber (Johnny Rich Lumber), retail, Dale Hollow Lake & Cumberland River tourism/recreation
Eviction Court
District Court — Cumberland County Justice Building
Circuit Court Clerk
Tracy Brewington Daniels — (270) 864-2611
Court / Clerk Address
Cumberland County Justice Building, 112 Courthouse Square (P.O. Box 395), Burkesville, KY 42717
Fax
(270) 864-1227
Alcohol
Wet county since June 2016 local option election
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 Location
Cumberland County Justice Building, 112 Courthouse Square, Burkesville
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)
Vacation Rental Note
Short-term rentals (<30 days) near Dale Hollow Lake may fall outside URLTA — verify with counsel
Statute
KRS Chapter 383 — HB128 (2023 Session)
Cumberland County Local Rules & Landlord Procedures
Topic
Rule / Notes
Filing Evictions — Where & Who
All evictions (Forcible Detainer actions) in Cumberland County are filed in District Court at the Cumberland County Justice Building, 112 Courthouse Square (P.O. Box 395), Burkesville, KY 42717. Circuit Court Clerk: Tracy Brewington Daniels — Phone: (270) 864-2611 — Fax: (270) 864-1227. Verify current District Court civil hearing dates with the clerk before filing. The Justice Building was completed in 2006 and stands on the same square where Thomas Lincoln (Abraham Lincoln’s father) built the original courthouse.
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. In a very low-rent rural market, the $250 minimum floor can exceed 2× the withheld amount — it applies regardless of the deposit size.
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.
Income Verification in a High-Poverty Market
Cumberland County’s poverty rate is around 34% and per capita income is among Kentucky’s lowest. Many applicants supplement wages with SSI, SSDI, Social Security retirement, SNAP, or other government assistance. All of these are legitimate, verifiable income. Apply your income ratio consistently to every applicant: verify SSI/SSDI with current award letters, Social Security with benefit verification letters, wages with recent pay stubs, and self-employment with two years of tax returns plus bank statements. Applying different standards to government-assistance recipients relative to wage earners may violate Fair Housing law.
Vacation Rental & Short-Term Rental Note
Dale Hollow Lake and the Cumberland River trout fishery draw seasonal tourists. Short-term rentals of 30 days or fewer (vacation cabins, fishing lodges, VRBO/Airbnb properties) are typically not covered by Kentucky’s URLTA — the landlord-tenant protections in KRS Chapter 383 apply to residential leases, not transient occupancy. Verify the applicable legal framework with a Kentucky attorney for any property marketed primarily as a short-term vacation rental.
Flood & Rural Property Disclosures
Properties in the Cumberland River bottomland or near Dale Hollow Lake may be in FEMA flood zones. Disclose known flood history, flood zone designation, and any known water intrusion issues to prospective tenants in writing. Document well water and septic system condition for rural properties. Heating systems in older rural housing should be inspected and documented annually given the nonwaivable habitability duty.
Rent Control
None. Kentucky does not permit local rent control. Landlords may raise rent freely at lease renewal with proper notice.
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 Cumberland County Justice Building.
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.
Cumberland County market: High-poverty, low-income rural county — apply income criteria consistently; accept SSI/SSDI and government assistance as legitimate verifiable income. Dale Hollow Lake and the Cumberland River trout fishery drive short-term vacation rentals; verify URLTA applicability for sub-30-day rentals with counsel. Wet county since 2016. No rent control.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
America’s First Oil Well, Maxwell House Coffee, and HB128: Cumberland County Kentucky Landlord Law
In 1829, a man drilling for salt on Renox Creek three miles north of Burkesville struck oil instead. He bottled it and sold it as “American Oil” medicine — making this tiny corner of south-central Kentucky the site of what is widely regarded as the first commercial oil well in the United States, a full three decades before Pennsylvania’s Drake Well. A historical marker stands at the site today. Cumberland County was also the first county in the United States to elect a female sheriff — Pearl Carter Pace — a fact that still distinguishes Burkesville in American political history. Joel Owsley Cheek, who founded Maxwell House Coffee, was born here. Thomas Lincoln, father of Abraham Lincoln, served as the county’s constable and built its first courthouse. And when naturalist John Muir walked through in 1867 on his way to the Gulf, he found the scenery so striking that he stopped to write about it.
For landlords, Cumberland County’s history is a backdrop to one of Kentucky’s smallest and most rural rental markets. The county had 5,888 residents in 2020 and is 100% rural. The poverty rate hovers around 34% — one of the highest in Kentucky — and per capita income is well below the state median. Getting both the legal framework and the practical realities right is essential for any landlord operating here.
Filing at the Cumberland County Justice Building
All evictions in Cumberland County are Forcible Detainer actions filed in District Court at the Cumberland County Justice Building, 112 Courthouse Square (P.O. Box 395), Burkesville, KY 42717. The Justice Building was completed in 2006 on the same town square where Thomas Lincoln built the original courthouse more than 200 years ago. Circuit Court Clerk Tracy Brewington Daniels handles filings at (270) 864-2611, fax (270) 864-1227. Verify current District Court civil hearing dates with the clerk before filing. Your 14-day nonpayment notice must fully expire before you file; the 14-day cure / 30-day termination clock applies for lease violations.
Income Verification in a High-Poverty Rural Market
In a county where roughly one in three residents lives below the poverty line, a significant share of rental applicants will have income from SSI, SSDI, Social Security retirement, or other government assistance programs rather than traditional wages. All of these are legitimate, verifiable income sources. Federal Fair Housing law prohibits applying different screening standards to applicants based on source of income in jurisdictions that protect it; more importantly, applying inconsistent criteria — demanding more documentation from benefit recipients than from wage earners — creates legal exposure. Verify SSI and SSDI with current award letters, Social Security with a benefits verification letter, wages with recent pay stubs, and self-employment income with two years of tax returns and bank statements. Apply your income-to-rent ratio to all sources combined, consistently, for every applicant.
Dale Hollow Lake, Short-Term Rentals, and URLTA Coverage
The southern tip of Dale Hollow Lake reaches into Cumberland County, and the Cumberland River below Wolf Creek Dam is one of the top-rated trout fisheries in the eastern United States. This draws seasonal tourists, anglers, and outdoor recreation visitors, creating a meaningful short-term rental market alongside the traditional residential one. Short-term rentals of 30 days or fewer — vacation cabins, fishing lodges, VRBO or Airbnb properties — are generally not covered by Kentucky’s Uniform Residential Landlord and Tenant Act (URLTA, KRS Chapter 383). The HB128 protections, notice requirements, and deposit rules discussed throughout this guide apply to residential leases, not transient occupancy. If you operate any property primarily as a short-term vacation rental, verify the applicable legal framework (including any local licensing requirements) with a licensed Kentucky attorney.
HB128 Essentials for Cumberland County Landlords
Kentucky’s HB128 (2023) applies to all residential leases made on or after its effective date. The core rules: serve a 14-day written notice to pay or vacate for nonpayment (up from the prior 7-day requirement); serve a 14-day notice to cure or quit for lease violations, with termination no sooner than 30 days from notice; give one full month’s written notice to terminate a month-to-month tenancy; collect no more than 2× monthly rent as a security deposit; hold the deposit in a separately titled bank account; return it within 30 days of move-out with a written itemized statement; pay a penalty of $250 or 2× the withheld amount, whichever is greater, for noncompliance. The habitability duty is nonwaivable and covers 13 categories. Entry requires 24 hours’ advance notice for standard access, 72 hours for routine maintenance. Self-help eviction — lockouts, utility shutoffs, removing tenant property — is expressly prohibited and triggers a penalty of 3× periodic rent.
For rural properties on well water and septic systems, document the condition of both systems at the start of every tenancy and inspect heating systems annually. Properties near the Cumberland River bottomland or Dale Hollow Lake may be in FEMA flood zones; disclose known flood history and flood zone designation in writing.
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. Short-term vacation rentals may not be covered by URLTA — consult a Kentucky attorney. 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. Short-term vacation rentals of 30 days or fewer may not be covered by URLTA. Consult a licensed Kentucky attorney for guidance specific to your situation. Last updated: March 2026.
